Why should companies have the right to tell employees what they can and cannot do in their own time? What next, authorisation to have a child? Your employer signing off on where you live?
There are many examples of people being fired for inappropriate posts on social media, committing crimes (or just being accused of them), and even smoking cigarettes. There isn't a ton of precedent for the smoking thing, but it might very well be upheld by a high judge.
The legal basis is that, in many states, you can be fired for almost anything except your race, age, sex, or religion.
There definitely are many wrongful termination suits that test the boundaries of what companies can do here, so I think we have a pretty good balance at the moment.
That should be made illegal IMO. A company should be forbidden to have any interest in employee outside of the strictly work related stuff.
I agree with you that in general, what I do in my free time is none of the company's business, unless it affects my ability to perform my job. But if it does, I think a company has the right to tell me to either sober up or not bother coming back to work tomorrow.
Then again, this quickly becomes fuzzy and can be abused in all kinds of ways. What if a hospital, say, run by the Catholic church told a gay surgeon to remain abstinent because of the risk of contracting HIV or some other STD?
Well that's the thing. If you work with an SO, doesn't personal time and issues inevitably bleed into working hours? I talk to my SO during work hours about non-work related stuff all the time (i.e. what to eat, vacation, "I love you", ...), though we don't work for the same organization.
Also I'm not sure why I'm being downvoted for asking a question.
Do salaried employees have well-defined "working" vs. "personal" time?