Can an employerreally dictate what one does off the clock in their own free time and who they hang out with?
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Can an employerreally dictate what one does off the clock in their own free time and who they hang out with?
My manager was hanging out with some hourly employees off the clock one night. He was not behaving inappropriately in any way. All employees were invited to this function but it was not a “company function”. His boss found out about it and is now trying to collect statements from the hourly employees present at this function to try and get my manager fired. I’m in an “at will” state but I just feel this is so wrong. Is there anything legally he can do to fight this?
Asked on December 28, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, an employer can legally mandate just about whatever it wants with respect to employee behavior. This is known as "at will" employment. So, basically, an employer can dictate the terms and conditions of employment as ii sees fit; in turn an employee can choose to work (or continue to work) for an employer or not.
Exceptions to the above would be if this violates existing company policy, if legally actionable discrimination is a factor in the employee's treatment, or if there is an employment contract/union agreement prohibiting such action.
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