Can my employeer tell me I can't share outside work resources with coworkers, outside work hours? Plus. Others.

Question

Myself and a number of our part time staff at a non profit are low income. 4 of us are very good friends outside of work. Sometimes one of us is able to get free produce that she then distributes to us after work hours, when we are all together on a work day. Our manager has recently told her that she can't do that unless she "can bring enough for everyone". It is important to know that the other members of the staff including this manager are, full time, personally wealthy, have a second full time job, or a spouse/partner that makes a lot of money.  There have been other issues within the workplace along the lines of policing socializing outside of work and using it to punish employees at work, papering my file to create a need for "retraining", not doing any retraining, and then "rewarding" me a couple months later with a 10$ gift card for "doing a better job", then altering my responsibilities without changing my contract or discussing the reasons for change with me beforehand

Nicholas Arthur Matlach · Answer

This situation raises several concerns. Here's a breakdown of some of the issues I see based on your description, but a more thorough analysis should be done by an attorney retained to help you navigate this tricky area: 
 
Sharing Resources: 
 
- Employer's Right to Interfere: Your employer generally doesn't have the right to dictate how employees share resources outside of work hours, especially if it doesn't interfere with workplace operations. 
- Potential Discrimination: The rule about bringing "enough for everyone" seems arbitrary. If it's only applied to your group of low-income friends, this could hint at discriminatory practices, especially with your mention of other staff's financial security. 
 
Other Workplace Issues: 
 
- Policing Socialization: Unless work-related misconduct occurs, your employer shouldn't be monitoring or punishing you for socializing outside of work. 
 
- Documentation & Retraining: The pattern of "papering your file" and the vague "retraining" followed by the token gift card sounds suspicious. It suggests possible pretext for negative performance reviews or even wrongful termination. 
- Changes to Responsibilities: Significant alterations to your job duties without prior discussion or an updated contract may be a breach of employment agreement terms. 
 
What You Can Do: 
 
- Gather Evidence: Thoroughly document every concerning incident (dates, times, what was said, witnesses). Keep copies of performance reviews, gift cards, etc. 
- Company Policies: Review existing company policies on workplace conduct, discrimination, and job descriptions/changes. See if your employer is violating its own rules. 
 
Consult Experts: 
 
- Employment Lawyer: A lawyer specializing in employment law can assess your situation and advise you on your legal rights and options. 
- State Labor Board: Your state likely has a labor board or fair employment agency that investigates unfair employment practices. 
 
Important Considerations: 
 
- Retaliation: Sadly, raising these concerns may lead to retaliation. Documenting everything and seeking expert advice will help protect yourself. 
 
This is a difficult and potentially unlawful situation. Don't hesitate to seek help from legal professionals and labor organizations.

Q: Can my employeer tell me I can't share outside work resources with coworkers, outside work hours? Plus. Others.