Knoxville, TN asked in Employment Law for Tennessee

Q: Can I request that an employee not wear his company shirt if I know he is doing something illegal while not at work?

I have found out that one of our employees regularly drinks beer while he is driving home so I have requested that, if this is something he insists on doing, he change out of his company logo shirt before driving home. He has accused me of infringing on his rights and informed me that I have no right to tell him what he can or cannot do on his own time. I am of the opinion that as long as he is wearing the logo of my company, he is representing my company. I'm not telling him not to drink beer on the way home from work (although obviously I would prefer that he not), I'm just asking him not to wear his company shirt while doing so. Do I have the right to ask him this?

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1 Lawyer Answer

A: I think it is reasonable to ask him not to wear the shirt, simply because under some set of facts it could be alleged that he was representing your company while committing an illegal activity. I don't understand why he would have a problem with that if you are not addressing the underlying personal issue.

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