Legal Question in Employment Law in Michigan
is it legal for a manager of a small retail store, one store in a large chain, to require a 20 year employee to sign a hand written statement,not a printed form, that she will not speak to any other employees within that store as well as employees of another same company store in town? She was also told that she had two choices to keep working there 1, she can keep her job, same pay, and 40 hours, and benefits if she works split shifts instead of the straight 8 hours as she has always done.
2. she can work only 29 hours with no benefits. Of xourse she wants to keep working full time because jobs are hard to come by and she has only retail experience and she is the main breadwinner. There are no children. The manager has been in this store for less thatn two years and this girll for twenty. It is thought that this is against freedom of speech. Thank you for your input.
2 Answers from Attorneys
The facts you present are strange, but it certainly isnt a freedom of speech issue. If they are harassing or discriminating against you based on age, sex or something else illegal, you might have something. Visit www.kliszlaw.com to discuss. Tim Klisz
Would I be wrong in guessing that the 20 year employee thinks she knows a lot more about running the store than the newly appointed manager and she takes every opportunity to undercut her manager's authority by belittling the manager to other employees not realizing that by talking trash about her boss, she could be fired on the spot for insubordination?
If so, she's lucky she still has a job and, by asking her to agree to cease this misconduct, the manager is lawfully giving her written notice that, if she does it again, she will be fired with cause and will likely be ineligible for unemployment benefits.
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