Question: This might be an exercise in miscommunication or too much communication! In your studies of contracts in other business classes, you've perhaps run across certain
This might be an exercise in miscommunication or too much communication! In your studies of contracts in other business classes, you've perhaps run across certain types of contracts that are contrary to public policy or statutory law. And, you've seen incidences where courts won't enforce a contract on other grounds. Here's one for you to ruminate on - DATING A CO-WORKER IS PROHIBITED by company policy. Is this legal? Believe it or not some businesses make their employees sign an agreeement or have a policy that severly restricts who you can date (even in the off-duty hours). Other forms of relationship restrictions are around such as if you work for Coke you can't drink Pepsi or policies on fraternization or nepotism or moonlighting. The latter involves a relationship with another employer.
Since working for someone is an employment contract- can they make you sign one of these no-dating agreements or enforce the policy? Yes and no (typical business law answer). Employment contracts if they cover more than a year are supposed to be in writing, but most aren't because employment is considered "at will" which means you can quit or they can terminate you at any time (at your or their will). Therefore, your relationship with an employer has indefinite terms. But, because the employer has a compelling reason to manage employees they do have certain powers to control what you do (called tasking authority) and what happens at work. Threrefore, they may be legally able to control secondary employment, naughty behavior at work, favortism, etc. if it upsets the economic flow of work. With NO DATING POLICIES they're trying to thrwart potential problems that arise at work when two co-workers spend too much time emailing each other sweet nothings or if they split - acrimony & poor productivity.
But, just like other forms of contracts - if the restrictions are contrary to public policy or are too unconscionable a court may not allow the employer to enforce the policy. Some statistics indicate that you have a 60% chance of meeting your "significant other" at work or school. And now they don't want you to date at work? That cuts down your chances by at least a 1/3rd!
Please respond to the discussion board entitled "Is This Legal?" You must respond to 2 of your classmates on 2 different days....do not wait until the last minute to complete this assignment!
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