What to do if my employer wants me to sign a new policy that states I have to notify them within 48 hours of any contact with a felon but my son is a felon?

They want in writing every time I have contact with my son. Is this legal? I have worked there for 22 years.

Asked on September 15, 2016 under Employment Labor Law, New Mexico


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

Answered 4 years ago | Contributor

As unfair as this may seem, it is legal. The fact is that most employment is "at will", which means that a company can set the conditions of employment much as it sees fit. This includes having a worker sign a specific policy regarding contact with a family member. Accordingly, your options here are to sign the policy, violate it and risk termination, or quit. The only exceptions here would be if this action constitutes some form of legally actionable discrimination (which it does not appear to), or violates the terms of a union agreement/employment contract.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sign the policy and adhere to it; or you can look for other employment. Employment is employment at will; that means, among other things, that your employer may put any rules or restrictions on employment that it likes, so long as those rules, etc. are not inherently legal. There is no law making it illegal to require notice of contact with a felon, even a family member, so this is legal and something they may require.

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