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Attorney Nicole Deborde on the limits to how much employers can control workers’ actions outside of the workplace.
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The tragic death at Dallas Cowboys player is sparking debate.
Over how to control employers can impose over -- workers over the weekend cowboys linebacker Jerry Brown was killed in -- drunk driving accident.
With fellow teammate Josh Bret -- meal.
Now the cowboys are considering installing a device that is called safe he in every player's car the device prison -- Benz cars.
From starting at the driver doesn't pass a visual hand eye coordination tests that cowboys -- -- the first organization to impose tough rules -- employees of course here on money.
We recently told you about the company trying health.
Which fired a 150 workers for not getting their flu shots.
The question -- -- are these kinds of rules there to employees in any of them legal.
Here to have us figured this out is it is.
The Cold War welcome back to the show Nicole thanks for coming on.
Thanks for having me -- -- the big question.
Is it legal I mean they're not on company time it's over the weekend it's their own car that they own their own life it can they do it.
Well it really depends on the company's contract with the employee but as a general rule assuming there is no contract although we know in this circumstance -- obviously is a contract.
But as a general this is legal.
And certainly other conditions which might be written into the contract we can't possibly guess that but in an employment at will state like Texas.
This would be an entirely legal thing for an employer to do and if the employee refused to comply they can simply fire the employee.
How.
Our can employers go -- I mean we look at this case in Dallas and you know it's coming on the heels of the tragic accident.
You can see the logic -- you go to you know maybe the other extreme with the other case that we were talking about with the flu shots where employees really felt it infringed on their rights.
I mean how far can employer -- can -- You know fire you if you don't get your hair -- the way they want can look at me how much of your life can they possibly control -- -- Control what you do at home.
Well it is definitely is -- a slippery slope unquestionably.
It causes people to hasn't taken after -- how far can my employer go in requiring -- to -- things off the clock.
But the reality is in most of the states in the United States employers can do just about what ever they want assuming they're not infringing on a person's constitutional rights.
So in other words -- one -- they're not interfering with things like person's religion and gender or things of that nature than the employer can say hey you know look we're going to.
Hire you as long as you do these things and we will not keep you employed if you do other things so -- no sign it's entirely legal.
Asia and then if you wanna fight it -- you have to be violating the constitution otherwise you really don't have a prayer.
How well as a general -- now also many states have rules which add certain things that employers can't fire you for doing like for example if you go and dad go to jury service -- You generally can't be fired things like that but it has to be legislated then I mean things that may -- -- Uncomfortable or sort of -- think that the legislature hasn't contemplated or are not in violation of the constitution the employers typically going to be allowed to deal and in another words.
They can -- -- because they don't like you in an employment at will states and one is the reason they don't like you isn't something like race -- so at the end of the day it's something they're requiring you to DO.
They're not requiring you to work bear scene could always quit rabbit comply with whatever it is they're they're telling you have to do.
As as a general -- yes that's right and there are certain states and certain contracts in unions can require that there are additional things that have to take place before employee can be terminated at contract.
Can add things have to happen before an employee can be terminated.
But -- without a contract or without certain things being set out.
In rules in -- contract an employer has a lot of freedom yeah.
And speaking -- all that thank you so much for joining us we've got to.
