Legal Question in Employment Law in Maryland

Wondering where personal freedon and human resource clash

I work for a rather large company...Back in July i bought a pair of ''truck balls'' www.thenutshop.com for my truck...I haven't had any complaints until recently where apparently someone at work apparently took offense to them. Could my job actually be in jeopardy if I refuse to remove them?


Asked on 10/21/02, 1:01 pm

1 Answer from Attorneys

Re: Wondering where personal freedon and human resource clash

Personal freedom is one thing, and growing up is another. Truck balls? Be serious.

Anyway, personal freedom ends when it impacts others. Granted, your truck adornment would not be a serious issue to most (and probably does not rise to the level of sexual harassment), yet if it offends someone, the company is likely to treat is seriously since sexual harassment cases can be costly both in terms of money and morale/productivity.

The claim would be that your truck is creating a hostile work environment. If it is parked on company property, then the company can ask you to remove the offending attachment or park elsewhere. The company could also discipline or even discharge you under their discipline and/or harassment policies. This is especially so if you are an "employee at will," meaning that you work without any contract guaranteeing your employment and thus can be fired or quit at any time for any legal reason. (Unless you happen to have an individual contract or be covered by a collective bargaining agreement.)

My advice is to take the high road and follow whatever suggestion your employer makes. If they want you to park elsewhere unless you remove the balls, do so. If you can only park on site without the balls and want to park there, remove them. It does not seem worth taking a stand over truck balls and jeopardizing your job (or, in the least, your reputation).

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 10/21/02, 1:40 pm


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