Legal Question in Employment Law in California

The CEO at my company is a bully of the worst kind. He hammers his folks relentlessly. But the part I have a question about is his searching sites such as "Linked-In" to see if the people he abuses are looking for jobs. And if he finds anyone that has their profile marked as "actively looking for a job", they are forced to change their status right there in the office with HR watching or face consequences - whatever that may mean. I'm sure he is legally permitted to "spy" in this fashion but how about this harrassment? I would think that any lawful activity away from the office is not something he has any jurisdiction over. I haven't been affected by this but 2 of my staff have and they are extremely distressed over this and I'm concerned that I may lose them and/or they may have a case.


Asked on 10/23/11, 4:46 pm

1 Answer from Attorneys

An employer has every right to discipline any employee who is looking to leave the company. Commonly, unless the employer really needs that worker and chooses to offer incentives to stay, the employer will just fire the person who is looking for new work. If the employer can prove the employee was looking for new work on company time, the employee may even be denied unemployment.

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Answered on 10/24/11, 1:33 pm


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