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  1. #21
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    Default Re: Can an Employer Demand an Employee Only Work for Them

    No, not if the wearing of the pink hat is off the clock. For heaven's sake, where is all this coming from? What is your employer trying to make you do?

  2. #22
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    Michigan
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    Default Re: Can an Employer Demand an Employee Only Work for Them

    Taken any "Personality Tests" lately with a job application?

    "If you knew your co-worker had a beer at home after work, would you report it to the boss?
    "If you knew your co-worker smoked pot on the weekend, would you report it to the boss?

    Some medical centers are even testing their employees for legal tobacco usage....and firing them if they test positive. I can see that one....because smoking is not healthy....but where does it stop? Do we fire Dr. Smith for eating eggs and bacon?

  3. #23

    Default Re: Can an Employer Demand an Employee Only Work for Them

    If the employee is not required to be paid for their time they are off the clock but still required to comply with the employer's wishes, can the employer require the employee to spend an hour working an assembly line off the clock? Where this is coming from is that there is a law in Oklahoma forebidding someone from volunteering their time for the same place they work. However, I'm being told on here that an employer can require and employee to wear a pink hat for free. Does this mean the employer could require all employees to always wear company shirt to advertise for the company at all times?

  4. #24
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    Default Re: Can an Employer Demand an Employee Only Work for Them

    I don't deal in hypotheticals. When your employer really does start demanding that you do something or wear something or stand on your head off the clock, come back and we'll deal with the SPECIFIC situation since the SPECIFIC details matter. For that reason it's difficult to give a hard and fast answer to a hypothetical situation. General information, yes. A carved in stone answer, no.

    In the meantime, as you've been told, yes, your employer can legally make the demand that you work only for them. It is now up to you to decide which job is more important to you. Since that appears to be the only instance that is actually occurring of those discussed in this thread, there's little left to say.

    Have a good evening.

  5. #25

    Default Re: Can an Employer Demand an Employee Only Work for Them

    I am a cop. My employer is demanding nothing of me. Therefore, all I have are hypotheticals. I'm sorry. I didn't know they were not allowed. I'm new to the forum. I'm only asking the question to get an answer and have a better understanding of the subject than I did before. Hypotheticals are used constantly in legal discussions I've had and in every law class I've ever taken for both business and criminal law. The answer of "Yes they can." is fine but a line must be drawn somewhere. If the points I made in the previous posts are not valid, I'd love for someone who does deal in hypotheticals to shoot them down for me and explain how these laws, that in my head conflict, actually mesh in our legal system.

  6. #26
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    Massachusetts
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    Default Re: Can an Employer Demand an Employee Only Work for Them

    With limited exceptions, employment law operates on the idea that, if there isn't a law that says your employer can't, he probably can. The exceptions tend to be VERY fact specific, therefore making hypotheticals very difficult to work with because a minor change in the situation can mean a completely different answer.

  7. #27

    Default Re: Can an Employer Demand an Employee Only Work for Them

    So are these things usually determined by case law?

  8. #28
    Join Date
    Jan 2006
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    38,867

    Default Re: Can an Employer Demand an Employee Only Work for Them

    llworking;728859]


    What most employers will try to restrict people from doing are things that would raise health insurance costs, or things that have the potential to interfere with the employer's business. If an employer is trying to restrict someone from working a second job, its likely to be because the employee is tired and not alert enough at work, or the employer needs the employee to be completely flexible with hours
    I have seen a second job limitation for exactly those reasons.

    - - - Updated - - -

    Quote Quoting InsideTrader
    View Post
    So are these things usually determined by case law?
    the problem with hypothetical is that the discussion can quickly become huge. Each answer requires research so that means you would be asking somebody to do a Hell of a lot of research for no purpose other than your edification. That is something you should be doing on your own.




    If the employee is not required to be paid for their time they are off the clock but still required to comply with the employer's wishes, can the employer require the employee to spend an hour working an assembly line off the clock? Where this is coming from is that there is a law in Oklahoma forebidding someone from volunteering their time for the same place they work. However, I'm being told on here that an employer can require and employee to wear a pink hat for free. Does this mean the employer could require all employees to always wear company shirt to advertise for the company at all times?
    the answer was given to you long ago: employment at will

    unless the termination is based on some protected class of person, the employer can terminate an employee as they wish. That means they have effective control over your life, both while at work or off the clock.

  9. #29
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    Dec 2009
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    Default Re: Can an Employer Demand an Employee Only Work for Them

    No.

    While wearing a company-logoed shirt off the clock is advertising, it is not considered "work" on the employee's part, as work is currently defined. (The employee isn't actually doing anything, presumably he would have to wear a shirt of some kind while off the clock, and wearing one type of shirt is no more work than wearing any other type of shirt.)

    However, performing duties on an assembly line is work, and employers are prohibited from forcing people to work for free. (And note, it's not the employee who is prohibited from working for free, it's the employer who is prohibited from requiring an employee to work for free.)

    All of our answers are based on the concept of at-will employment. Please google this term, as someone else may have already suggested, it will be a real enlightenment to you.

    Basically, and absent contracts that state otherwise, employers in the US are legally allowed to fire employees for any reason whatsoever, except reasons that are specifically prohibited by law. (Hence my response your case law question.) Reasons prohibited by law are things like race, gender, religion, disability, age, and official whistleblowing. There are no laws prohibiting employers from firing employees who refuse to wear pink hats or company-logoed shirts off the clock, or for refusing to give up second jobs. Ergo, it is perfectly legal to fire employees for these reasons. Period. No case law, no grey areas.

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