Can a store write up an employee for an incident that happened while they were a customer?

I punched out and then was shopping with my wife. When we took our stuff to the checkout. The cashier got snippy so I became snippy but we bought our stuff and started to leave. Then the CSM said something like don’t come to this cashier anymore. I said,

Asked on February 26, 2016 under Employment Labor Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, it is perfectly legal to be written up for this. The fact is that an "at will" employer can discipline or terminate an employee much as it sees fit so long as it does not constitute legally actionable discrimination. Also, the employee's treatement must not violate the terms of an employment contract or union agreement, if any. Additionally, while an employee does have a constitutional right to free speech, this right only protects speech from being censored by the government, it does not control what private companies, etc. can do.

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