Learn how to properly handle the difficult issue of disciplining employees for conduct outside of the workplace.
Learn how to properly handle the difficult issue of disciplining employees for conduct outside of workplace. With the rise of social media, employee conduct outside of work is more visible than ever. As several high-profile examples have shown, employee conduct can be traced back to and negatively affect employers, regardless of whether 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?Learning Objectives
- You will be able to discuss why what employees do outside the workplace matters and how it can create liability for employers.
- You will be able to review the legal protections that exist for employee conduct outside of work, including but not limited to alcohol and/or drug use conduct.
- You will be able to identify practical considerations for how to appropriately address outside conduct without negatively impacting employee morale or running afoul of federal and state laws.
- You will be able to recognize other risks associated with, and best practices for, disciplining employees for conduct outside the workplace.
Agenda
Introduction- At-Will Employment
- Recent Examples in the News
- Social Media Activity
- Political Activity
- Alcohol or Other Drug Use
- Conduct Related to COVID-19 and Other Health and Safety Measures
- Non-Employer Sponsored Employee Gatherings
- Relationships Between Employees
- Publicity
- Antithetical to Company’s Mission/Value
- Impacts Employee Job Performance
- Liability
- Sexual Harassment
- Negligent Hiring/Supervision
- 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
Speaker(s)
Melissa Z. KellyTucker Ellis LLP
- Partner at Tucker Ellis LLP
- Regularly defends employers in agency proceedings as well as FLSA collective actions and employment discrimination, wrongful discharge and employee benefits cases
- Advises employers on numerous issues, including employment agreements, personnel handbooks and policies, and severance agreements
- Advises employers regarding OSHA and equivalent state and local safety issues
- Conducts investigations in multiple contexts, including employee misconduct
- Regularly presents at CLEs and other speaking engagements regarding all facets of the employment relationship
