What to do if my employer tells me that my evaluation will suffer if I refuse to attend after hours, non-business related, social activities?

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What to do if my employer tells me that my evaluation will suffer if I refuse to attend after hours, non-business related, social activities?

Is this legal?

Asked on May 2, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, it is generally legal. Employers define the terms and conditions of employment, and choose on what grounds they will evaluate (or promote or otherwise reward) employees. Those terms, conditions, and grounds could include requiring after-hours, non-business-related social activies. The exceptions--or when the employer can't do this--are:

1) You have an employment contract which guarantees your employment, specificies your performance objectives or how evaluations will be conducted, or limits the grounds for negative employment action or discpline (this includes a union or collective bargaining agreement)--if so, it's terms are enforceable, and the employer may not make you do things in contravention of it.

2) There is sexual harassment or discrimination going on--the employer wants you to go to these events because he or she is attracted to you, or because he or she wants you to use your appearance to attract business or clients, or the events are inappropriately sexually charged ones to begin with (e.g. strip clubs).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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