Can your employer really demand that you....

honeybeez · January 2012

Not have contact with an ex-employee? There is a huge situation where I work and one of the girls that I work with was told that she will be fired if she has any contact with an ex-employee outside of the company on her own time.

Is this legal?

TheyCalledHerKate · January 2012

that does not sound legal to me

Flamingo Stalker · January 2012

DH's old company blocks the emails of former employees. They have filters set up to look for their names. They are paranoid about people leaving to follow each other to better companies. They don't come out and say they do it, but DH is friends with the IT guy who has to set it all up.

I can't imagine that the company would be allowed to forbid contact with someone outside of work. Sounds like intimidation to me.

honeybeez · January 2012

I think intimidation too.

Mel_23 · January 2012

Doesn't seem legal to me. I could see them saying she can't use company resources (i.e. email, company time) to communicate the ex-employee or that she can't discuss work with the ex-employee, but talking about personal stuff on your own time shouldn't be something the company can control.

jennifer0124 · January 2012

It is legal. There is no law saying that an employer cannot tell you not to have contact with an ex-employee.

5thOfJuly · January 2012

I'm going with legal, especially in an employment at will state. You can be fired for almost anything that isn't directly spelled out as a non-fireable offense (like your sex or your race.) Most laws are really set up right now to protect employers, not employees.

Dr.Loretta · January 2012

I don't see how this is legal. So if you run into your former CW at a bar or restaurant, you're supposed to run the other way? And who from her job is going to find out?

Seems fishy to me.

SusanH. · January 2012

hmmm...seems odd.

What if that employee were a relative? Are you really expected NOT to attend family gatherings if that person is there?

kcpokergal · January 2012

5thOfJuly:
I'm going with legal, especially in an employment at will state. You can be fired for almost anything that isn't directly spelled out as a non-fireable offense (like your sex or your race.) Most laws are really set up right now to protect employers, not employees.

This is correct except being an at-will state has nothing to do with it. Those deal with joining unions only.

A few states have special protections--CA and CT come to mind. You would have to look at state laws to learn more for those or any states.

5thOfJuly · January 2012

kcpokergal:

5thOfJuly:
I'm going with legal, especially in an employment at will state. You can be fired for almost anything that isn't directly spelled out as a non-fireable offense (like your sex or your race.) Most laws are really set up right now to protect employers, not employees.

This is correct except being an at-will state has nothing to do with it. Those deal with joining unions only.

A few states have special protections--CA and CT come to mind. You would have to look at state laws to learn more for those or any states.

Are you sure you're not thinking about "right to work" states? Everything I've read about employment at will definies it as either party can terminate the employment contract at any time for just about any thing.

Here's how you'll know the rules of your state:

http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

honeybeez · January 2012

Just got an email saying that any contact out of work with the person can result in immediate termination....

cjspencer35 · January 2012

The only thing I can relate to here is if it's because of a pending legal situation with said employee. I know that when a former co-worker was being investigated for misuse of FMLA and other company violations that the immediate supervisor was told not to speak to her directly, during that time only HR was to deal with her. Maybe there is some legal situation going on here as well that the company can not disclose. In general, I have not heard of a company telling someone not to communicate socially with an ex-employee.

**sunny** · January 2012

as pp said, pending litigation perhaps, but also what about security clearances. if this is a field/job that requires security clearance and the person who no longer works there violated it, obviously they wouldn't want you interacting with that person out of concerns for continued violations. just a thought.

Photo5kCupcakes · January 2012

Seems odd. But my thought too was pending litigation. How could you prevent this person from showing up at your door to your own home?

Can your employer really demand that you....

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