Can what I say in a break room be used against my evaluation?

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Can what I say in a break room be used against my evaluation?

I stated that my skills were not being utilized and I felt I was losing them. My supervisor was in the employee break room and over heard. He is now trying to use it against my evaluation saying that I don’t support the mission of the company.

Asked on February 7, 2018 under Employment Labor Law, Texas

Answers:

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

Answered 3 years ago | Contributor

The fact is that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This includes what can and can't be used against a worker in their evaluation. That is unless doing so violates the terms of a union agreement or employmet contract. In fact, a company can discipline (up to and including supension/termination) for any reason or no reason at all.

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

Answered 3 years ago | Contributor

The fact is that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This includes what can and can't be used against a worker in their evaluation. That is unless doing so violates the terms of a union agreement or employmet contract. In fact, a company can discipline (up to and including supension/termination) for any reason or no reason at all.


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