Can an employerreally dictate what one does off the clock in their own free time and who they hang out with?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption