Can my employer suspend/fire me for socializing with friends that are employees as well when we are on our personal time?
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Can my employer suspend/fire me for socializing with friends that are employees as well when we are on our personal time?
I am an employee at a national food chain. They recently created a new policy that states that if I am seen socializing with other employees, even if it’s on my personal time (according to their verbalexplanation) I will be suspended pending possible termination. Not only this, but they are subtly singling myself and 2 other employees out with this policy, and none of us are in a relationship so no fraternization policies are being broken, although at the same time they are allowing a manager to date a crew member. Where do I stand on this matter?
Asked on August 29, 2011 Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An employee can legally mandate just about whatever it wants with respect to employee behavior; additionally not all rules need be equally applied to all employees. This is known as "at will" employment. Basically, an employer can dictate the terms and conditions of employment; in turn an employee can choose to work (or continue to work) for an employer or not.
Exceptions to the above would be if legally actionable discrimination was a factor in the employee's treatment (i.e. different treatment based on race, religion, etc), or if there is a union agreement or employment contract prohibiting such action, or there is conflicting company policy on the issue.
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