Legal Question in Employment Law in California
Employer Regulation of Employee Relationships
I was recently reorganizing my employee files and came across two nearly identical typed letters in separate files stating that the two employees were not having a sexual relationship with each other. In addition the letter promised that one party would move out of the other's home as soon as possible. Each employee had signed the letter. No other documentation indicating the incident was present. All three parties involved, the two employees and the disciplining supervisor are currently still employed at the company. It appears that the supervisor typed the letters and asked the employees to sign them. Our company does not have an anti-fraternization policy. Is it legal for a supervisor to ask for this kind of confession and require that one person move out of an apartment with another employee? Isn't this a violation of rights?
1 Answer from Attorneys
Re: Employer Regulation of Employee Relationships
In my opinion, the employer has no right to interfere with employees' private conduct, unless there is a written anti-fraternization policy. You probably need to find out from the supervisor what it's all about to protect the company from a potential invasion-of-privacy lawsuit.