Is it legal to write me up over donations?
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Is it legal to write me up over donations?
I work at a retail store and like most
other stores they ask customers if they
would wish to donate their change to
lets say… St Jude for example.
And although we may or may not ask for
people for their change or if they
would like to donate, we are being
threatened to be wrote up if we do not
get enough donations or do not collect
enough money. Is this legal? Is it
legal for me to get wrote up for people
not donating change?
Thank you
Asked on January 28, 2017 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Does this action violate the terms of any applicable employment contract or union/collective bargaining agreement? If not then, unfortunately, it is legal. The fact is that in an "at will" employment relationship, a company can set the conditions of employment much as it sees fit (absent actionable discrimination). This include penalizing a worker for not reaching a certain donation goal. While seemingly unfair, it is the law. As for you, you can either accept this policy, complain but risk termination, or quit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, it is legal unless and only if you have a written employment contract to the contrary. Without a contract, you are an "employee at will"; an employee at will may be written up or otherwise discriplined--e.g. suspended, hours cut, pay cut, demoted, even terminated--at any time, for any reason whatsover. Your employer could therefore base discipline on your results in soliciting donations.
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