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Product ID: 401289EAU
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Employee Discipline for Conduct Outside of Work

OnDemand Webinar (100 minutes)

Learn how to properly handle the difficult issue of disciplining employees for conduct outside of the workplace.

Don't make costly mistakes. Learn the legal rights and responsibilities of employers in disciplining employees for conduct outside of work. Learn about recent legislation and court cases involving some of the hottest topics in employment law, including employee discipline for blogging, web-based employer trashing, workplace dating and extramarital affairs, and physical appearance such as weight, tattoos and body piercing. Our experienced professionals will discuss permissible discipline for employees violating conflict of interest policies, including engaging in unfair competition with the employer. Understand how a growing number of states are protecting employee off-duty conduct by providing an overview of state employee lifestyle statutes. For union employers, these topics will be discussed in the context of defending against employee grievances.


Timothy A. Palmer, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. James A. (Jay) Patton Jr., Esq., Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


Discipline for Conduct Outside Workplace Generally

• Required Connection to the Workplace

• Overview of State Lifestyle Statutes

Discipline Based on Speech

• Blogging and Web-Based Employer Trashing

Discipline Based on Lifestyle Choices

• Political Activity

• Dating and Extramarital Affairs

• Criminal, Financial and Litigation History

• Use of Drugs and Alcohol

• Activities Related to Sexual Orientation

• Physical Appearance (Weight, Tattoos, Piercings, Dress, etc.)

• Pornography

• Smoking

• Other Lifestyle Choices

Discipline Based on Conflicts of Interest

• Unfair Competition With Employer

• Disclosure of Trade Secret, Confidential or Proprietary Information

Discipline of Union Employees

• Off-Duty Misconduct Away From Workplace and on Company Premises

• Off-Duty Misconduct Prior to Employment

• Criminal Proceedings Against Employee