Legal Question in Business Law in Illinois

Professional Listserv Discuss Pay Within Our Group?

I belong to a national professional organization that has told us that we may not discuss salary, pay, consulting fees by our members on an open to-members- only listserv.

They don't or won't tell us why. The organization is based in Chicago.

Would you please tell us if we can legally discuss our pay, what new graduates should be worth to employers depending upon speciality within the field and if self-employed consultants can post what they charge clients?

Would you cite the law, if there is one, too, please?

Thank you.


Asked on 3/27/01, 12:50 am

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Professional Listserv Discuss Pay Within Our Group?

There are a number of reasons why they don't wish you to discuss salary since this would cause great concern for the organizations for which you work. This would be covered under the terms of service for the site which are strictly contractual and do not go to the level of state law. If you did discuss salary then they probably would prohibit you from using the service.

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Answered on 5/31/01, 6:07 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Professional Listserv Discuss Pay Within Our Group?

It is difficult to answer your question without more information; for example, it would be important to know the national organization to which you are referring and any agreement in which you entered in joining the organization. These facts are key in knowing your rights.

Generally speaking, of course, you have a right to say virtually anything you want to, with certain limited exceptions (i.e., you don't have the right to yell "FIRE" in a crowded movie theater when none exists). Therefore, there exists no specific law "permitting" you to disclose your salary.

However, you may voluntarily give up your rights through a contractual arrangement. For example, you may have a job that entitles you to the specific recipe for Coca Cola, but agree to have access to this recipe only if you do not tell it to anyone.

Likewise, your agreement to join the national organization about which you speak may include a term that you will abide by its rules, etc., one of which may be secrecy regarding pay.

Again, it is very difficult to answer your question with any precision, given the lack of facts contained in your question.

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]

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Answered on 5/31/01, 11:04 pm


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