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What recourse do I have if my employer disciplines me for not volunteering?

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aj3602

Junior Member
What recourse do I have if my employer disciplines me for not participating in political events after work?

I am an appointee for local government (a low-level appointee - I'm by no means "high up" in the chain) and I do not attend any campaign functions, parades, galas, or fundraisers outside of work. However, I've been told verbally and in emails - sternly- that as an appointee, it is "expected" of me to participate in these functions, "no exceptions." I regularly receive calls to my personal cell and emails to my private email account about these events, and I never respond. If I am at any point fired or disciplined for not participating in these events, do I have grounds for a lawsuit?

I love my job and my direct boss loves me - I know that when it comes to my job performance, there is absolutely no grounds for discipline or termination. However, I believe that there are certain individuals (who are heavily involved in political activities) who have singled me out as a "deadbeat" when it comes to participating in these events. I also know that the director of my department is keeping track of who is and isn't attending these events. My co-workers attend these events without complaining because they feel that it is expected of them, but I don't think it's ethical for my employer to browbeat me into volunteering my time outside of work.

I feel somewhat harassed, but I am not sure if I have grounds for complaint at this point - I just want to know what my legal rights are if I am disciplined?
 


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aj3602

Junior Member
Thanks for the "helpful" advice.

I have done some research and found that I am covered under the Hatch Act of 1939, as I am a local employee who works in connection with federally funded programs.

According to the U.S. office of Special Counsel, under the Hatch Act covered state and local employees may not directly or indirectly coerce, attempt to coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.


I have also found that certain political activities/violations of the Hatch Act may also be criminal offenses.

Either way, I'm assuming my bosses would not want the local news to run a story on this in the paper, so I doubt they would actually discipline anyone for not volunteering or donating for campaign events. If they do, I'm comforted to know that their actions would be illegal and prosecutable by law.
 
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swalsh411

Senior Member
Even if there was a Hatch Act violation, that doesn't mean you can't be fired.

You asked what your rights are and they would be to file for unemployment while you look for another job. You didn't ask if your bosses could get in trouble or not.
 
justalayman

justalayman

Senior Member
the fact they are contacting you via your personal e-mail and phone would tend to show they are aware of their limitations to solicit you using their position as your employer. I would tread carefully as if they are aware of the rules, they are surely aware of the rules when it comes time to remove your appointment.

Politics can be a hard game to learn and often, in todays society, rather than greasing the squeaky wheel, it is easier to simple replace the squeaky wheel.
 
C

commentator

Senior Member
What state are you in? Now, a very specific question. Do you work for the state or county or city government, or do you work for a contracting agency? BIG difference.

You keep wandering around saying you work for local government which works with federal programs....if you work for a contracting agency which contracts for federal programs at the behest of the state or local government entity, a "development corporation" or something of the sort the Hatch Act doesn't help you much. You have to actually work for the City of Blahblah, or for Wiseacre County, or for the State of Nebraska or whatever for it to apply. Because those contracting agencies are actually private businesses. I know, they loove to say they're "state employees" or that you work for the federal government because you administer federal programs such as WIC and LIEAP and employment and training, but you really don't, you work for them and they're a privately owned and administered company, making their operators very wealthy at government expense.

I once worked for one of these puppies. And what they expected of their employees, quite legitimately, in fact, was pure old political pandering. We were told to show up for these political events, nicely dressed, on our own time after working hours and on weekends, and exactly who to be "nice" to. We essentially were lobbying the state and local executives for the money and contracts, and that was actually part of our job. Those who did not cooperate with this program were summarily discharged. Their recourse was, in some cases, unemployment insurance, nothing more.

Once I did actually work for the government, I was covered by the Hatch act, and could not be asked to support any particular candidate for office or participate in any particular candidate's activities, though of course I could not be reprimanded for doing so on my own time.

You sound more like more than you don't want to do the politics, you simply do not want to participate in activities outside the stated work times. This is a wage and hour issue. If you are a salaried employee, they can very likely legitimately ask you to participate in these activities, and you could very well be disciplined, given a poor review or something for not participating. You don't have any inherent right to your hours being just what they've always been or no after set hours activities for work.
 
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eerelations

eerelations

Senior Member
swalsh411 said:
Even if there was a Hatch Act violation...
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...and there isn't. OP, nothing in your post indicates that your employer is asking you for money.

Many jobs require their incumbents to attend functions outside of work. HR people have to attend employee functions, sales people have to attend industry functions, and political appointees (like you) have to attend political functions. If you didn't want to have to attend functions outside of work, you shouldn't have accepted a job that had this requirement.

Your employer would be well within its rights to fire you for refusing to meet the expectations of your job.
 
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eerelations

eerelations

Senior Member
aj3602 said:
Thanks for the "helpful" advice...Either way, I'm assuming my bosses would not want the local news to run a story on this in the paper, so I doubt they would actually discipline anyone for not volunteering or donating for campaign events.
Click to expand...
Your sarcasm is completely out of line here. You asked a question and you received an accurate answer. Just because it wasn't the answer you wanted to hear (apparently something along the lines of "If you're disciplined for refusing to attend these events you will win a million dollars instantly!") doesn't mean the answer you received isn't accurate.

And why you think the local news media would be at all interested in your story is completely beyond me. I can see the headline now: Low-Level [by your own admission] Political Appointee Disciplined For Refusing To Attend Political Functions - not bloody likely. :rolleyes:
 
A

aj3602

Junior Member
commentator said:
What state are you in? Now, a very specific question. Do you work for the state or county or city government, or do you work for a contracting agency? BIG difference.

You keep wandering around saying you work for local government which works with federal programs....if you work for a contracting agency which contracts for federal programs at the behest of the state or local government entity, a "development corporation" or something of the sort the Hatch Act doesn't help you much. You have to actually work for the City of Blahblah, or for Wiseacre County, or for the State of Nebraska or whatever for it to apply. Because those contracting agencies are actually private businesses. I know, they loove to say they're "state employees" or that you work for the federal government because you administer federal programs such as WIC and LIEAP and employment and training, but you really don't, you work for them and they're a privately owned and administered company, making their operators very wealthy at government expense.

I once worked for one of these puppies. And what they expected of their employees, quite legitimately, in fact, was pure old political pandering. We were told to show up for these political events, nicely dressed, on our own time after working hours and on weekends, and exactly who to be "nice" to. We essentially were lobbying the state and local executives for the money and contracts, and that was actually part of our job. Those who did not cooperate with this program were summarily discharged. Their recourse was, in some cases, unemployment insurance, nothing more.

Once I did actually work for the government, I was covered by the Hatch act, and could not be asked to support any particular candidate for office or participate in any particular candidate's activities, though of course I could not be reprimanded for doing so on my own time.

You sound more like more than you don't want to do the politics, you simply do not want to participate in activities outside the stated work times. This is a wage and hour issue. If you are a salaried employee, they can very likely legitimately ask you to participate in these activities, and you could very well be disciplined, given a poor review or something for not participating. You don't have any inherent right to your hours being just what they've always been or no after set hours activities for work.
Click to expand...
As I stated in the original post, I work for local government - I have been appointed to a position working for the County. I do not wish to give specific information, but I can say that I am not a contractor nor do I work for a private business. And yes, the department that I work for receives federal financial assistance for several of its programs.

Two months ago I was specifically asked to become a dues paying member of the Democratic party via email from the County Executive's campaign manager. I am also asked on a yearly basis to purchase $500 tickets to the Executive's formal gala, the proceeds of which go towards his campaign fund.
Not to mention that I am repeatedly asked to volunteer my time for campaign events.
 
C

commentator

Senior Member
Then the Hatch Act applies. Though I doubt if you'll want to file a grievance or anything like that. Just smile and say no thanks. You said you did not feel you were in any danger of being disciplined by your immediate supervisor. When the elections come, if the county administration changes, don't be surprised if this whole staff that has been harrassing you to participate with them goes away to be replaced, and you are laid off from your contract position. But that's not unexpected in federal, state and local government.
 
A

aj3602

Junior Member
commentator said:
Then the Hatch Act applies. Though I doubt if you'll want to file a grievance or anything like that. Just smile and say no thanks. You said you did not feel you were in any danger of being disciplined by your immediate supervisor. When the elections come, if the county administration changes, don't be surprised if this whole staff that has been harrassing you to participate with them goes away to be replaced, and you are laid off from your contract position. But that's not unexpected in federal, state and local government.
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Yes, we're currently in an election year and my boss' challenger has a little more than a fraction of a chance of winning. I'll have a job for the next four years. My current job is a stepping stone towards bigger and better things, and I'm certainly not banking on following my current bosses wherever they may end up.

My job itself is more related to engineering and information technology, and I know I'll be more than qualified to take on whatever position I choose to pursue when I'm done working for my current employer.

I'm just not interested in schmoozing with politicians and bureaucrats in my spare time, and I want to be able to continue to enjoy my weekends without being pressured to do phone banking and literature dropping on behalf of politicians.
 
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