Learn how to properly handle the difficult issue of disciplining employees for conduct outside of the workplace.
Learn how to properly handle the difficult issue of disciplining employees for conduct outside of 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, regardless of whether 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?
It’s easy to monitor the conduct of your employees while on the job, but what happens when they leave at the end of the day? In some cases, employee conduct outside of work could adversely impact their job performance or even project an unfavorable image of your organization. Disciplining employees for conduct outside of work is possible, but you must ensure you are following the letter of the law.
Lorman Education Services Can Provide Training to Help You Navigate This Delicate Legal Area
Lorman offers comprehensive, relevant training that can teach you how to handle employee discipline for conduct outside of work without violating your employees’ rights — or the law. 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.
Training Available in Multiple Online Formats
Lorman enables you to get the training you need for disciplining employees for conduct outside of work. This program is available as an archived on-demand presentation, MP3 download and audio & reference manual.
Expand Your Training Opportunities With an All-Access Pass
We offer a cost-effective method for expanding your training opportunities by purchasing an All-Access Pass. Pay one price and get immediate, unlimited access to all of our training materials for an entire year. Additional benefits include a state-specific credit tracker to help you monitor your progress toward fulfilling your continuing education requirements, the informative members-only newsletter and the All-Access Pass course concierge.
Why Choose Lorman for Your Training Needs?
Lorman Education Services offers more than 28 years of experience in helping busy professionals across a wide range of industries boost their knowledge and meet their continuing education requirements. Our engaging, informative training programs and materials are developed by accomplished faculty members who are experts in their field.
Learn more about how to handle employee discipline outside of work effectively — and legally. Register for our training program today!
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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 and Other 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
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 7, 2025.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
- Arizona CLE 0.75
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 0.75 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- IL CLE 0.75
- This course was approved for a total of 0.75 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.2
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 0.75
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 0.75 hours of CLE credit.
- NH MCLE 0.9
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 58 Minutes.
- NJ CLE 1.1
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.1 hours of total CLE credit.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.2
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
HR Certification Institute 0.75
- This E-Learning program has been pre-approved for 0.75 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 0.75
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 0.75 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NM CLE 1.0
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Melissa Z. Kelly
Tucker Ellis LLP
- Partner at Tucker Ellis LLP
- Regularly defends employers in agency proceedings as well as FLSA collective actions and employment discrimination, wrongful discharge and employee benefits cases
- Advises employers on numerous issues, including employment agreements, personnel handbooks and policies, and severance agreements
- Advises employers regarding OSHA and equivalent state and local safety issues
- Conducts investigations in multiple contexts, including employee misconduct
- Regularly presents at CLEs and other speaking engagements regarding all facets of the employment relationship
Add to Wishlist
More Program Information
Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- OnDemand Courses
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- MP3 Downloads
- Course Manuals
- Executive Reports
- White Papers and Articles
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- State Specific Credit Tracker
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