Description
Learn how to properly handle the difficult issue of disciplining employees for conduct outside of the workplace.With the rise of social media, employee conduct outside of work is more visible than ever. As several highprofile examples have shown, employee conduct can be traced back to and negatively affect employers, whether or not the employee was actively representing his employer. But can you discipline or terminate employees for statements made on Twitter or for engaging in inappropriate conduct during their time off?
Date: 2021-01-14 Start Time: End Time:
Learning Objectives
Introduction
• At-Will Employment
• Recent Examples in the News
What Outside Conduct Might an Employer Want to Regulate or Respond to and Is It Protected? (Discussion of State Laws Protecting Various Conduct)
• Social Media Activity
• Political Activity
• Alcohol or Other Drug Use
• Conduct Related to COVID-19 Health and Safety Measures
• Non-Employer Sponsored Employee Gatherings
• Relationships Between Employees
Why Should You Care About What Employees Do on Their off Time?
• Publicity
• Antithetical to Company’s Mission/Value
• Impacts Employee Job Performance
• Liability
• Sexual Harassment
• Negligent Hiring/Supervision
Practical Considerations for Addressing Outside Conduct
• Could Conduct Be Protected Under the National Labor Relations Act (NLRA) or Other Employment Law (e.g. Title VII, ADA, etc.)?
• Applying the Rules in a Nondiscriminatory Fashion
• Potential Impact on Employee Morale
• How Did You Find out About Conduct and Was There an Investigation?
• Discussion of Privacy Laws
Hypotheticals
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Gregory P. Abrams-Tucker Ellis LLP, Sara L. Lewenstein – Faegre Drinker Biddle & Reath LLP, Amanda Semaan – Faegre Drinker Biddle & Reath LLP
