05 Mar REGULATING OFF-DUTY CONDUCT: HOW FAR CAN YOU GO?
Employers often have legitimate reasons for punishing workers for illegal off-duty behavior, especially if it’s related to their jobs, such as theft conviction. But disciplining staff for participating in lawful conduct outside work is a slippery slope.
Here’s the litmus test: If an employee’s off-duty activity puts your company in legal or financial jeopardy, courts will be more willing to let you regulate it.
While federal law is silent on the issue, states aren’t. So far, 28 states and theDistrict of Columbiaprohibit employers from discriminating against workers because they smoke or participate in other “lawful activities.”
4 ways to stay out of trouble
1. Focus on the off-duty behavior’s effects on job performance, rather than the circumstances of the conduct itself. Be able to point to a legitimate business reason for disciplining the employee.
2. Avoid blanket restrictions against socializing with competitors. Such overly broad rules infringe on privacy. Instead, protect company secrets by having employees sign nondisclosure agreements.
3. Check your state’s rules and seek legal advice before firing or disciplining an employee for off-duty activity.
4. Apply an even hand. Don’t suspend one employee for off-work behavior and then ignore another similar circumstance.
If you have questions concerning this, or any other Human Resource issues, contact Prestige Employee Administrators, Inc.