Q&A

Can a company terminate an employee for off duty conduct?

Can a company terminate an employee for off duty conduct?

An employee’s off-duty conduct can result in a termination for cause from their job, but only if their actions impact the company or business they work for, or if the employee is acting as a representative of the company when the misconduct occurs.

Can a employer fire you for lawful conduct outside of work?

A handful of states have laws restricting an employer’s ability to fire you for “lawful conduct outside of work,” which might offer some protection. For more information on these laws, see our site’s page on political activity retaliation.

Can a union employee be fired without a reason?

Generally speaking, if there is no law specifically protecting you from being fired for the activity under consideration, and if you are not a union or governmental employee with special protection against being fired without a reason, then you are employed at will.

Can a company fire you for doing something on your own time?

So if the reason for your termination is not illegal under the laws of your state, then yes, your employer can fire you for what you do on your own time, outside of work.

Can a company fire an employee for off duty conduct?

It’s understandable for employers to be concerned about workers’ off-duty activities that may affect job performance or the company’s image—but employers must ensure that their policies don’t violate state laws that protect employees’ lawful conduct outside of work. Nearly 30 states have some level of protection based on lawful off-duty activities.

What was the arbitrators decision on off duty conduct?

Influencing the arbitrator’s decision were the lack of a company policy on off-duty conduct, a certain amount of confusion regarding the caller’s identity, and the offender’s satisfactory work record over more than two decades. 6

What happens when an employee is fired for off the job behavior?

Lawsuits from ex-employees, negative publicity, low morale and related turnover are among the potential results when employees are fired for off-the-job behavior. Yet, on the other hand, employers also shouldn’t keep employees whose after-work activities affect their performance on the job, hurt staff morale or damage the company’s image.

Can a truck driver be fired for off duty behavior?

Employers have the right to fire employees for most off-duty behavior. But should they? By all accounts, Peter Oiler was a competent truck driver with a 20-year record of exemplary service at Winn-Dixie Stores Inc. He showed up on time, performed his duties well and caused no problems while on the job.