Policy against dating in the workplace
However, these types of policies may be illegal if they have the effect of prohibiting employee action that is protected by Section 7 of the National Labor Relations Act (NLRA) such as “concerted activity” for the purpose of collective bargaining, mutual aid or protection. counter to promoting teamwork;” - language prohibiting conduct that “impedes harmonious interactions and relationships;” - language prohibiting “negative or disparaging comments about the . Non-Compete and Arbitration clauses are common in employment contracts and are generally legal and binding.In a recent NLRB decision, , the majority of the board ruled that certain employer policies were unlawful because they were overbroad in that the language could encompass protected Section 7 activities, or could “reasonably be construed to (explicitly) prohibit expressions of concerns over working conditions[.]”Unlawful language in the employer’s policies included: - “Verbal comments or physical gestures directed at others that exceed the bounds of fair criticism;” - “behavior that is. While an employer cannot technically force you to sign a non-compete agreement or an arbitration clause, they can legally choose not to hire you or to terminate you if you refuse to sign the agreements.If an employers handbook or personnel policies provide procedures to be followed in terms of employee discipline or termination, those procedures should be followed and applied evenly.For instance, if an employer applies the policies discriminatorily, such as following the handbook for men but not for women, this can be used as evidence of discrimination.You should consult your own state's law to determine if it considers handbooks to be contracts between employers and employees.Additionally, it is important to realize that an employer can generally change its handbook or personnel policy at anytime, so if your employer sends out a personnel policy update be sure to read through it to be aware of your rights.It is true that sometimes facially neutral policies (policies that are applied to all employees equally and are not expressly illegal) can sometimes violate the law.For example, a policy may prohibit promotion when an employee takes off four or more consecutive weeks during the year.
Individuals negatively affected by a policy like this could potentially file a lawsuit against their employer.
For more information on these laws and how to respond to an employer who asks for you social media log-in information, see our Social Networking & Computer Privacy Page.
Employers generally can and do use information from accessible social media accounts to make employment decisions.
However, some union contracts or state laws (such as those in California), may limit an employer's ability to monitor your computer activity, so it is important to consult your contract and your state’s laws.
For more information see our Social Networking & Computer Privacy page.
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If an employee does not follow the internal procedures outlined by the policy they may not be able to pursue a claim in court.