Legal Question in Employment Law in California

Well, illegal is probably not the correct term. Why is the employer saying this? I will guess. I bet it is because when he rolls in the bike is loud and disruptive? If that was the case, for example, then the employer can certainly prohibit it in most cases. Being a teacher implies that there may be a contract in place as well as a union? If so, he should discuss it with them as well.

If there was no rational justification for the employer to prohibit the bike, it may be treated as a constructive termination. But keep in mind that employers especially in an "at will" relationship have wide discretion. Assuming he has no written agreement that states otherwise, he is an "at will" employee. This means that he can be terminated at anytime for any or no reason just like he can quit at anytime for any or no reason.

I would consult a local employment lawyer if this is of serious concern.

Kind regards,

Frank

www.LanternLegal.com

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Illegal?

No.

Unusual?

Yes, maybe.

Appearance, dress and behavior / morals codes can be enforceable in many employment situations. If he is an 'outlaw' biker type, then that could easily fall within the codes. If he were senior mgmt, most companies have activity codes that prevent dangerous conduct such as motorcycles and private aircraft.

In addition, Employers are entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc., just not retroactively. You can either comply, look for another job and then resign, or quit now and risk being denied unemployment.

Unfortunately, not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is actually based upon discrimination, harassment or retaliation as defined as �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes.

Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above descrimination definitions, you could feel free to contact me for the legal help you�ll need. Sorry, but it doesn't sound like it though.