Legal Question in Employment Law in California
Need help writing policy
I work in the mortgage industry and often attend trade shows and compliance conferences. Being that I am the compliance officer I develop and update policy & procedure. I need real help here. I would like to implement a "Standards of Conduct in Public." How far can I go. I want to make sure that public inebriation, unprofessional behavior, inappropriate business clothing etc. is covered. Do you have sugeestions as to the resources I may use to assis me in developing my new policy?
2 Answers from Attorneys
Re: Need help writing policy
Newly amended Labor Code Sec. 96(k) prohibits an employer from restricting employee conduct during non-working hours off employer premises. However, as long as the employee is acting as a representative of the company, restrictions are permissible generally. The issue in these cases is "What is the employee's reasonable expectation of privacy in the particular circumstances?" For example, even if "off the clock" but on the trade show floor, the employee may have little reasonable expectation of not being disciplined if wearing a company garment, logo, or identification tag, and parading around drunk.
Re: Need help writing policy
You policy must not be violative of the 1st Amend. of the Constitution. However, there is much that you can do. Too much to go into here. I have done policy manuals for many companies in many industries. For a free consultation call me at 818-342-8020 x1.
Norman Gregory Fernandez, Esq.
www.norman-law.com