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kaydeeneysa
11-01-2006, 02:58 PM
is going out (not dating) with your supervisors and co-workers illegal? specifically, my supervisor, another lower level manager and myself (also a lower level manager) plus two regular employees went out to eat and then to the bar for drinks. now, my supervisor is being reprimanded for it. There is no mention of this in employee handbook. And we have not found a reference yet in the policy and procedure manual. I'm not saying there's nothing about it in there, just that we have not found it if it is. Doesn't fraternization come under the first amendment? as in, off duty, is it legal for our employer to define what we can not do as long as what we do is legal?

cbg
11-01-2006, 03:08 PM
It's not prohibited by law, but your employer has the right to prohibit it if they choose to. Nor does it have to be a written policy for them to enforce it.

This has nothing to do with anyone's First Amendment rights. The First Amendment says that the GOVERNMENT cannot limit your speech. It does not say anything about what limits your employer can place on socialization.

To spell it out, yes, it is legal for your employer to place limits on what you can do off work hours. You are free to refuse; they are free to fire you.

ScottB
11-01-2006, 03:11 PM
Doesn't fraternization come under the first amendment? as in, off duty, is it legal for our employer to define what we can not do as long as what we do is legal?

No. The First Amendment is a restriction on Congress about freedom of speech and assembly. It does not usually apply to private employers.

Your employer can dictate those terms. It is in their interests to do so, given the prevalance of sexual harassment claims.

kaydeeneysa
11-01-2006, 04:10 PM
thank you both for your quick and simple answer. I may not like it, but that's my own problem :)

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