Corrective Action For Off The Clock/Non Company "Party"

[JOliver]

What is the name of your state (only U.S. law)?
Michigan

Good afternoon all,

I write with a question regarding corrective action being levied against an employee for something that happened off company time, property, and at a non-company sanctioned party.

Here's the breakdown.

A party was held around the holidays in which there was a gathering of employees organized that was to be held at a location off employment property.

A shouting match erupted between employees of two different locations (not the same work place) that resulted in one employees feelings being hurt. The next day, the employees whose feelings got hurt called Employee Relations on the other employee.

The employer got involved and levied corrective action on the employee who the complaint was filed against.

The company was questioned how they justify the corrective action. First the companies response was "we take responsibility for the events because the event was planned by corporate e-mail." However it was pointed out that the employee placed on corrective action was not notified of the event by company e-mail, (instead it is known to be a phone call placed by another party goer.)

When that came up, the company just said that they "assumed all responsibility" for the events that happened at the party because the party had "employees from the company present."

Can the company issue corrective action for events that happened off property, off the clock and at an event not sponsored by the company although company employees were present?

I've tried to find information on it with Google but have not had any luck.

Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)?
Michigan

Good afternoon all,

I write with a question regarding corrective action being levied against an employee for something that happened off company time, property, and at a non-company sanctioned party.

Here's the breakdown.

A party was held around the holidays in which there was a gathering of employees organized that was to be held at a location off employment property.

A shouting match erupted between employees of two different locations (not the same work place) that resulted in one employees feelings being hurt. The next day, the employees whose feelings got hurt called Employee Relations on the other employee.

The employer got involved and levied corrective action on the employee who the complaint was filed against.

The company was questioned how they justify the corrective action. First the companies response was "we take responsibility for the events because the event was planned by corporate e-mail." However it was pointed out that the employee placed on corrective action was not notified of the event by company e-mail, (instead it is known to be a phone call placed by another party goer.)

When that came up, the company just said that they "assumed all responsibility" for the events that happened at the party because the party had "employees from the company present."

Can the company issue corrective action for events that happened off property, off the clock and at an event not sponsored by the company although company employees were present?

I've tried to find information on it with Google but have not had any luck.

Thanks.

Answer: Yes

 

[JOliver]

Answer: Yes

I'm curious under what grounds?

 

[mlane58]

Can the company issue corrective action for events that happened off property, off the clock and at an event not sponsored by the company although company employees were present?

Yes they can.

I'm curious under what grounds?

Becuase there isn't a law that states they can't.

 

[JOliver]

Yes they can.
Becuase there isn't a law that states they can't.

Since the company can issue corrective action for things that happen off work property and off work time, can we as employees also hold company liable for things WE do off company property and time?

It has to go both ways, right? Company can't dictate how we life our life and what we do. Nor should they be expected to assume all responsibility for events that happen that they have no official capacity in.

 

[Zigner]

Since the company can issue corrective action for things that happen off work property and off work time, can we as employees also hold company liable for things WE do off company property and time?

It has to go both ways, right? Company can't dictate how we life our life and what we do. Nor should they be expected to assume all responsibility for events that happen that they have no official capacity in.

Your employer could "issue corrective action" because you walk with traffic on the sidewalk instead of against traffic. They could "issue corrective action" because you change in to a green shirt with blue polka dots when you get home.

Now, what do you think you can hold the employer responsible for? And, what would your "corrective action" consist of? I know - you should quit! THAT would show them!

 

[JOliver]

Your employer could "issue corrective action" because you walk with traffic on the sidewalk instead of against traffic. They could "issue corrective action" because you change in to a green shirt with blue polka dots when you get home.

So according to your statement because you are on the payroll of an employer they have the right to dictate how you live your life outside of their four walls. A dictatorship.

Now, what do you think you can hold the employer responsible for? And, what would your "corrective action" consist of?

Never said it was my corrective action. However a document was placed in the employees file taking them out of good standing for 90 days with the company.

.

 

[Zigner]

So according to your statement because you are on the payroll of an employer they have the right to dictate how you live your life outside of their four walls. A dictatorship.

No - you have it all wrong. You are not required at all to "dictate" anything to you. You have the option of finding other employment.
Generally, in a dictatorship, you don't have any such option.

 

[JOliver]

I still question how an employer can hold something against an employee that had no negative effect on the employer all because somebodies feelings got hurt.

 

[Zigner]

mlane answered this. Because there is no law saying they can't.

 

[Mass_Shyster]

still question how an employer can hold something against an employee that had no negative effect on the employer all because somebodies feelings got hurt.

You can give your employer a corrective action notice because you do not like the color the building is painted. If they do not correct the deficiency, you are permitted to terminate your relationship with them. In fact, you are permitted to terminate your relationship with them, even if they DO take corrective action. There's really nothing they can do to prevent you from terminating your relationship with them.

They have the same rights, except they cannot discriminate against a legally protected class. There are a lot of other things an employer cannot do, but there is nothing preventing them from giving you a notice of corrective action because they don't like the color of your car, or the behavior you exhibited at a party.

 

[Beth3]

I still question how an employer can hold something against an employee that had no negative effect on the employer all because somebodies feelings got hurt.

It does have a negative impact on the employer - they have at least one employee who is upset and angry with the other employer.

You're free to question this till the end of time but as has been explained previously, no laws prohibit an employer from doing this and they are free to take corrective action with an employee who does something outside of the workplace that has a negative effect on the employer or other employees. The employer gets to use their own judgment in deciding what, if anything, to do.