Legal Question in Employment Law in California
Regulating Private Activity - Cause of Action?
I'm a personnel mgr for a SF Bay Area hotel. Because of a personnel friendship with two line employees, my supervisor personnaly resents this & pretexts company reasons on regulating my private activity with these persons.
Recently, the supervisor prevented one of my line employee friend ''from socializing with me or the other line employee for any reason at anytime on company property''.
We were prevented from meeting in the two block public reaturant areas next to the workplace, where the restaurants are tenants of the corp office that owns the land & hotel(workplace).
Because of this & other quaestionable behavior ( I was shouted & humuliated in the hotel lobby & prevented from picking up my friend for dinner ), I filed a harassment complaint based upon hostile work environment & invasiomn of privacy against this supervisor.
Without getting into other related issues ( placing my corp offices on notice with my complaint, inefective policy - no internal complaint procedure available to me, improper investigation ), is there enough for me to be legally concerned?
Thanks in advance
2 Answers from Attorneys
Re: Regulating Private Activity - Cause of Action?
I'm not sure of what you mean by "legally concerned." However, your employer may not regulate your association with any person at any time before or after your work hours. Speak to your supervisor's superior to clarify the corporate "policy" on this issue and request a written copy of the restrictive policy. It likely does not exist.
Re: Regulating Private Activity - Cause of Action?
There is often a fine line between what activities may be work related and what is strictly personal. Generally, companies have the right to regulate activities that affect the work environment. For example, if your relationship with employees you supervise is such that other employees perceive a showing a favoritism, morale can be affected. In such a case the employer would be justified in prohibiting fraternization in and around the workplace.
If the relationships have no reasonable connection with work, and are maintained strictly outside the workplace, there is a greater liklihood that you have a privacy interest to fraternize with whomever you want.
Discretion and sensitivity may be the key here. If you are unable to resolve this situation internally, you may wish to discuss the matter further with an employment law attorney in your area.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
