Fired for Off-Duty Conduct
Can you fire an employee for off-duty conduct? In most cases, yes. However, it can depend on whether the employee works for a public or private employer. It can also depend on whether the employee is union or non-union. It can also depend on whether you have a written policy that governs off-duty conduct. Finally, it can depend on whether you’re in a state that has a law dealing with this subject. As a general rule–with emphasis on “general”–employers have a fair amount of discretion when it comes to this question.
A recent case from TVland (there’s got to be something in the water at TV stations, channels or networks) provides some guidance on this subject from the state of Delaware. Check out an article from the Delaware Employment Law Letter.
Bad boys, bad boys: Whatcha gonna do when they work for you?
About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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