Can your employer "legally"prevent you from speaking spanish at work? Serious answers only please!?

Question

Please keep in mind that my services as a "translator" are used regularly if not daily to assist our clients.

Answer 1

Yup. They can legally do ANYthing that does not discriminate against race, creed, nationality, gender, or religion. Since speaking Spanish is not something that only Spanish people can do, I can't see how it would fit in there.

Now, if your employer does not want you translating for your clients, then it sounds like he doesn't want their business. I'd suggest finding a company that would not only welcome your skills, but would reward you financially for them. You can take your current employer's clients with you. Or maybe break off and start your own firm with those clients. It's been my experience that clients in that situation are extremely loyal and are more than happy to bring you their friends and relatives to do business with them as well.

Answer 2

You are employed at will. The only protection you have against being fired for any reason or none is that you may not be fired for a "protected status": sex, national origin, race, labor union activity, color, religion. Some states may add other things, perhaps sexual orientation.

Speaking Spanish can be prohibited except insofar as it offends the "national origin" part, which it is likely to do in certain cases. But what if the employer prohibits the speaking of Navajo: what if he doesn't like Code Talkers and he is paranoid and thinks they are talking of him? Considering that Congress legislated in 1990 to "encourage" Indian languages and Hawaiian, he might have a plausible argument. Maybe.

As for Spanish: It's the common language of Puerto Rico, presumably protected by the Treaty of Paris and the Organic Act. Whether that does any good in the 50 States + DC is debatable.

The Supreme Court struck down laws banning the teaching of foreign languages in primary schools. Meyer v. Nebraska, 262 U.S. 390 (1923); Bartels v. Iowa, 262 U.S. 404 (1923). Whether they would take the same view about private workplaces is doubtful. To me anyway. But some cases have been won, putting together arguments from what I have written above: http://www.google.com/search?hl=en&lr=&q=%22fired+for+speaking+spanish%22&btnG=Search

Answer 3

First, If you are working at a private corporation and you are dealing with its clients then Yes they have the right to ask you to only speak english....If you are working at a public corporation then the answer is always NO...Ur can speak whatever you want

It sounds like the corporation UR working for is sending mixed messages or maybe UR ......I'm sure if the clients can't speak english then they wouldn't prevent you from making it easier to make them Money by assiting them as UR...in fact in most places that an added plus to an employee thats silly to think otherwise

BUT when UR not dealing with clients.......like talking to fellow people that speak spanish at the water cooler that is not acceptable.....You could be bashing the Boss or company for all they know......it segregates the office and sends off a terrible vibe to people around you who do not understand your words......Many of the times they are just sensing your body language which may be distracting

Answer 4

Your employer could instruct that you not speak Spanish except when performing tasks as a translator, but he/she would have to have a good reason for such a rule. Unfortunately, there is a good reason that has been upheld at the Federal level -- it can create a hostile work environment. I remember a labor case in Texas where an employee was told she could not speak Spanish at work because she was gossiping with a co-worker who spoke Spanish. Not only did it offend the non-Spanish-speaking employees (who couldn't understand what these two were saying about them) it was a problem among other employees who DID speak Spanish because they believed the gossip was very unprofessional. It came to a head once the non-Spanish-speaking employees found out what these two were saying about them. Long story short: They were both fired, they both filed grievances with the union (American Federation of Government Employees, no less) and their grievances were denied.

Answer 5

As long as you are not a contract employee (that is, you are employed in an "at will" state, or not a government employee), your employer can terminate your employment at any time, and likewise you can quit at any time.
All it would take for the employer to be clear is an informal policy that employees will speak only English in the workplace except when dealing with non-English speaking customers. There's no free speech issue -- it's a private company and not the government, and private businesses can set their own rules for employment, as long as those rules do not force an employee to commit an illegal act.

Answer 6

I don't know the legalities, so can't answer your question, but could the problem be that other employees are bothered by the rudeness of people who can speak English speaking another language that the rest don't share?

You don't give any details that explain what's going on, but I suspect that that's the problem.

I recommend that, out of politeness, you converse in English when dealing with people who speak English, and only use Spanish with non-English speakers.

Answer 7

It doesn't matter if you are employed at will, an employer cannot limit your right to free speech. There is no offical language in the United States. If you are getting harassed for speaking spanish at work you should contact the ACLU. It is discriminatory.

Answer 8

i don't think that an employee can legally prevent you from speaking spanish.......as you said, your skills are used to assist clients that need it.....but on the other hand, I have noticed that if someone is speaking spanish and everyone around them is english, someone might say something to them......In my opinion, you should use your judgement at work at all times......

Answer 9

Some states outlaw it, but truly it is the decision of the employer. He is paying the bills, if you are required to speak English and not Spanish, do what you are told. That or own your own business.

Answer 10

Yes. On the job, you may be required to be speak english. At breaks or lunch you can speak whatever you like but on the job, you have to speak whatever the employer wants you to.