Legal Question in Employment Law in California
To what extent is my personal life off limits?
I was recently fired from my job for having an affair with another employee. (They were also terminated.) Although I had recently received very positive feedback -- and a raise -- for my job performance, I was told simply that I was not a long-range fit for the company.
So be it. I understand the concept of ''at will'' employment. But my former coworkers are now being told by management not to associate with me or the other person in any way or risk being let go themselves. At what point does this cross legal boundaries?
3 Answers from Attorneys
Re: To what extent is my personal life off limits?
the line has been crossed right here and now. an employer cannot tell other employees who to associate with or face termination...this would constitute "bad cause" wrongful termination, and even an "at will" employment defense would not work for management if termination were for bad cause. if you want further legal assistance or representation on this matter, contact me directly today. [email protected]
562-743-1357.
Re: To what extent is my personal life off limits?
A company can prohibit you contacting people on duty, but it would invade your privacy and theirs to prohibit after hours contact. Contact me if interested in pursuing such claim, with what evidence you have.
Re: To what extent is my personal life off limits?
Depending on what your position is this is a clear violation of your First Amendment rights. If you are a manager, a college professor, or have some other fiduciary duty or position of "power." But if this is not the case then your emoloyer violated your rights, the other employee that was terminated, and the current employees who are being told not to associate with you.
Besides constitutional grounds we also have wrongful termination, as well as other causes of action in tort theory. A tort is a legal term of art that means a civil wrong for which a remedy may be obtained, usually in the form of damages; a breach of a duty that the law imposes on everyone in the same relation to one another as those involved in a given transaction.
Remember if you plan to seek a legal remedy you have one year from wrongful termination to file a lawsuit.
You should also check to see if the California Department of Industrial Relations can assist you with this.
If you have any further questions feel free to email me. I am pretty good about answering emails within 24 hours.
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