Most employers have work functions throughout the year that are mandatory or voluntary. But even if you are not told explicitly that you have to go to a convention, party, etc., employers often feel compelled to show up for work-related events. Thus, we have often been approached by confused employees, who contact us to ask:
Can My Employer Force Me to Go to an Office Function Outside of Work Hours?
Required Attendance at Work Functions
Like most other states, California operates under the policy of at-will employment. As a result, employers have the right to require that employees attend specific functions, even if they are outside your normal work hours. In addition, an employee can also be fired for not attending an office function, since at-will employment allows for either party to terminate the working relationship for any reason, without notice or cause.
However, employers cannot violate state and federal laws on workplace discrimination and use that as a basis for termination. Essentially, an employer can say that you are being fired for not attending a certain job function, when the actual reason is discrimination due to a protected characteristic, like pregnancy, sexual orientation, race, or religious beliefs. Employers generally know this is illegal, so they will use the excuse that you skipped out on a mandatory meeting, work retreat, holiday party, etc. to cut off your employment.
Do I have to Go to a Work Event that if I’m Not Getting Paid for It?
Another concern workers have regarding office functions is payment and reimbursement for travel expenses. If you are a salaried / exempt employee, you should not expect payment for time spent at work-related events, as you are not entitled to overtime pay. Furthermore, employers are not required to reimburse exempt employees for travel expenses that are within reason.
The standard is different to non-exempt employees, who are usually paid on an hourly basis. They are also eligible for overtime pay if they work more than 40 hours in one week. However, if you are attending an event where you are socializing as opposed to working (holiday party, for example), you are not entitled to payment for this time as a non-exempt employee.
Religious Exemptions for Work Functions
Some employees may have religious reasons for not wanting to attend a mandatory office function. For example, the event may be held during the same time as a religious holiday, or it may be in conflict with certain religious beliefs.
If you have deeply held religious beliefs that conflict with attending a work function or participating in certain activities at the function, you cannot be compelled to participate as a condition of keeping your job. More than likely, this type of demand from the employer would violate Title VII’s religious discrimination laws.
Employees can also opt out of work functions if they are on maternity leave or medical / family emergency leave under the FMLA. If you are fired or subjected to retaliation by your employer for not attending, you most likely have the right to file an employment rights violation lawsuit against your employer.
Usually, after-hours work activities and functions are a small inconvenience that’s part of the job for most people. However, if you believe that your employer has crossed the line by forcing you to attend a work function or retaliating against you for missing a mandatory event, you may be entitled to compensation from a discrimination and harassment complaint.
Contact a California Employment Lawyer
At the end of the day, there are many complex and nuanced issues that can cause conflict between workers and employers. It’s essential to understand the laws that protect you and whether your employer is in violation of your employment rights.
If you believe that your employer violated your right to not attend an office trip, convention, or any other work function, contact our office as soon as possible. Along with a free consultation, we provide legal services for $0 upfront. Our payment is deferred until the recovery of your settlement, and if we fail to bring you a successful resolution, you owe us $0 under the Zero Fee Guarantee.
Our attorneys are available 24/7t to assist you, so please reach out to us to learn about your rights and legal options.
