Legal Question in Employment Law in California
Damage company's image
My manager told me that I damaged the company's image by crying in the building's bathroom. He said I can't cry in the bathroom again otherwise I would get less bonus. Does he have the legal right to ask me not to cry and threat me by the bonus?
1 Answer from Attorneys
Re: Damage company's image
Usually, bonus programs are in writing. If your bonus program provides for a bonus based upon a "subjective" evaluation, your manager would be allowed to use any legal criteria in order to determine your bonus. On the other hand, if your bonus program is based upon "objective" results, your manager could not alter the results based upon a subjective evaluation. I think the larger issue here, however, is invasion of privacy. For reasons all your own, you chose to retreat to the restroom; one has an expectation of privacy under those circumstances. Finally, it would seem to me that asking you not to cry is the same as asking you not to smile; these are somewhat uncontrollable emotional reactions. My recommendation is that you document your concerns regarding your manager is invasion of your privacy with human resources, and seek their assistance in helping you to understand what your manager's concerns really are. Should you be terminated, or should your bonus be arbitrarily reduced, you should seek guidance from an experienced employment law attorney in your local geographic area.