Legal Question in Employment Law in California

Re: Personal Business on-line

The other responses you have received are accurate. I would add a simple warning: The fact is that as an at will employee you serve at the pleasure of your employer, subject to statutory and case law that protects you from discrimination, harassment and retaliation. However, because a manager is often evaluated on a number of different levels, don't think for a moment that an employer could not determine that they have lost confidence in your ability to manage - without ever referenceing your off duty activities. As you move up the corporate ladder, your activities might cause you to be viewed as not demonstrating management material. In short, anything you do can be a factor in a management decision and most management will be thoughtful enough to make sure that they have another, nor-controversial reason for their decision.

Re: Personal Business on-line

This area of the law is currently unsettled. The issue is whether an employer can take adverse employment action based upon otherwise legal conduct an employee may engage in in their off duty hours. There is a labor code provision which provides that an employer cannot take adverse action against an employee based upon what they do outside of work, but a California appellate court has held that the statute refers only to "constitutionally protected" activities. In short, there is no simple answer to your question at this point in time.

Re: Personal Business on-line

You are entitled to your personal life as described, and probably could make a valid claim if terminated as threatened. The law may not be 100% clear, but it is more strongly in support of employees than employers in this area.