For human resources professionals, addressing employee conduct outside the workplace can be challenging. Additionally, the rise of remote work has continued to blur the lines between home and office, leading to evolving strategies for managing employee misconduct.

In this article, we explore why employee conduct outside of work matters, outline examples of misconduct, and review several important considerations.

Why Does Employee Conduct Outside the Workplace Matter?

Employees might assume that what they do in their private life is none of their employer's business. However, some kinds of employee conduct outside the workplace can potentially lead to employers taking action. Some examples are when an employee’s behavior:

• Hurts their organization's reputation.
• Puts the employer at risk.
• Negatively affects that individual's ability to do their job.

It’s also important to note that many states in the U.S. offer at-will employment. This means that both employee and employer can end the relationship without needing to justify it, although there are exceptions.

Misconduct Outside the Workplace

A variety of employee behaviors, from sharing company trade secrets on social media to discriminating against others in public, can qualify as misconduct. Here are some scenarios employers might encounter:

Arrests

If an employee gets arrested, the employer’s reaction may be to terminate them. Many states, however, don't allow companies to discipline employees for an arrest alone. They may be required to wait for a conviction and, even then, might not legally be able to terminate that individual unless the conviction directly affects their job. For example, if a bus driver receives a DUI, you may have the right to dismiss them because it's in the best interest of your passengers.

Sexual Harassment

Many companies have sexual harassment policies that apply both within and outside the workplace. Sexual harassment of other employees or individuals – such as customers or business partners – can violate employment laws. This type of employee conduct outside the workplace, therefore, frequently results in disciplinary action.

Social Media Activity

Employees may be tempted to air their grievances about their work environment on social media. Be careful about disciplining employees for these types of comments, even if they're critical of the company, as they may be protected under the National Labor Relations Act. Social media situations that can qualify for action include sharing trade secrets or falsely accusing a colleague on one of these platforms.

Employee Relationships

Romantic relationships between employees can potentially lead to unprofessional behavior, distractions, or workplace harassment claims. Employers often have policies regarding office romances, sometimes requiring employees to report interoffice relationships or prohibiting relationships between employees and their managers.

Political Activity

Several states prohibit employers from disciplining workers for their political activities. Employees have a right to protest, make speeches, and attend rallies and meetings. If these events become dangerous or riotous, however, an employee's participation in them might be grounds for disciplinary action depending on the state and type of employer.

How to Handle Employee Conduct Outside the Workplace

It’s important to consider multiple angles before taking disciplinary action against an employee for their behavior outside work. Here are some questions to consider:

• How were you made aware of the employee's conduct, and is that source reliable?
• Is their behavior legal?
• Does the employee's conduct go against the organization's values?
• Does the behavior affect the organization's reputation?
• Is the behavior relevant to the organization?
• Does the misconduct affect the employee's ability to perform their job duties?
• Does the behavior put client relationships or colleagues at risk?
• Has the misconduct been made public?
• Do laws prevent you from disciplining employees for this type of behavior?

Answering these questions – along with consulting with legal experts – can help you determine if an employee's behavior warrants action and to what degree.

Conclusion

Human resources professionals have a lot to keep up with in their careers. If you’re interested in learning more about the world of HR and the business world in general, the online degree programs here at Columbia Southern University were designed with you in mind. We offer human resources degrees at the bachelor’s and master’s degree levels, along with multiple business degrees with concentrations in HR.

For information about our online degree programs in human resource management, visit our website.

Multiple factors, including prior experience, geography and degree field, affect career outcomes. CSU does not guarantee a job, promotion, salary increase, eligibility for a position, or other career growth.