Legal Question in Employment Law in California

I am currently working in an animal hospital that will be closing down and reopening at a new facility down the street. They have made all of us apply for employment at the new facility, and have yet to tell us whether or not we are hired despite the fact that the new place should be opening in 2 weeks or so. Every time any of us ask, all we get is "I don't know, I'm really not sure". Are they allowed to keep us in limbo like this?

Secondly, they have discussed some of the policies for the new facility. One of them is that we are not allowed to use our own personal cell phone anywhere on the premises, INCLUDING during our 30 minute unpaid lunch break. If we do so, it is grounds for automatic termination. I know they can enforce this policy while we are on the clock, but is it allowed for when we are off the clock, on an unpaid lunch break in the employee lunch room?

Thanks


Asked on 3/25/11, 3:13 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Sounds like an old company is closing and a new company is opening. The new company will be taking applications for new employment from the 'old crew' and other people probably. You have no RIGHT to a job at any new company, you are ASKING for a new job. Treat it that way and you'll be a lot happier with life. Banning cell phones "on premises" is not 'illegal', nor are dress and behavior codes. You can leave it in your car and use it when you leave premises at lunch. If you can't live with the policies, you shouldn't apply for the job, because you have to assume they will enforce the policies.

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Answered on 3/25/11, 5:12 pm


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