Legal Question in Business Law in California

Re: Individuality in work environment

Unless you are a government employee, they can fire you on a whim, so keep the controversial stuff where others can't see it. You could always get a Red Stapler.

Re: Individuality in work environment

You sound like a person who likes to push boundaries for no apparent reason. You need to remember that California is largely an "at will" employment state. Your employer can probably terminate you at almost any time for almost any reason that is not specifically barred by law.

Just because the employer doesn't have a specific rule in the handbook doesn't mean you have legal grounds to disobey a directive from HR. Not only is your insubordination sufficient grounds for termination, it might be considered termination for "cause" under the law and could result in a denial of unemployment benefits and bad references.

Quite frankly, if I was the attorney for the your employer, I would probably recommend immediate termination.

Re: Individuality in work environment

The First Amendment does not actually give people the right to say whatever they want. Instead, it prevents the government from penalizing them when they do so. It does not prevent individuals or private entities from penalizing speech or conduct they deem inappropriate.

Your workplace is your employer's property, not yours. Your employer gets to decide what is and is not appropriate for display in its property. The fact that you have come up with things they didn't anticipate when they wrote the handbook doesn't matter. You have absolutely no legal right to do these things on your employer's premises.

As Mr. Stone and Mr. Starrett have noted, if your employer is a private entity and you don't have a contract that expressly permits you to act the way you have been, the company can almost certainly fire you for your conduct. The law does not require you to play by the company's rules, but it also does not require the company to let you keep your job. If you would prefer not to be fired, you have to respect your employer's decisions.

Re: Individuality in work environment

You should remember that you are an 'at will' employee that can be fired any time for any reason, and certainly for disobeying direct instructions. Don't complain to us if you get fired for your 'oh so cute' narcissistic attitude.