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Sponsored by Lorman Education
Product ID: 408060EAU
 
Credit & Course Provided by:

Employee Discipline for Conduct Outside of Work

OnDemand Webinar (95 minutes)

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 high-profile 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?

Authors

Gregory P. Abrams, Faegre Drinker Biddle & Reath LLP Sara L. Lewenstein, Faegre Drinker Biddle & Reath LLP Amanda Semaan, Faegre Drinker Biddle & Reath LLP

Agenda

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