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Employee Discipline for Conduct Outside of Work

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?

Runtime: 95 minutes

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 34 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 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 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on January 14, 2021.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 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 1.6
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • 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: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.6
     
  • 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: 95 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), 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 1.5
     
  • 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 1.5 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.

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Why Lorman?

Over 34 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

Gregory P. Abrams

Gregory P. Abrams

Faegre Drinker Biddle & Reath LLP

  • Partner at the Chicago office of Faegre Drinker Biddle & Reath LLP
  • Counsels clients on matters involving drug and alcohol testing, criminal background checks, covenants not to compete, wage and hour laws, and employee discipline and termination; practice includes working with organizations to create separation agreements and releases, employee handbooks, and other employment policies
  • Defends companies in employment litigation, including representing employers in complex, classwide, and systemic litigation
  • Regularly defends employers in a full range of employment cases, including claims under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Employee Retirement Income Security Act (ERISA), and other state and federal anti-discrimination, wage and hour, and anti-retaliation laws
  • J.D. degree, University of Chicago Law School; B.A. degree in economics and political science, summa cum laude, University of Pennsylvania
  • Can be contacted at 312-356-5047 or [email protected]
Sara L. Lewenstein

Sara L. Lewenstein

Faegre Drinker Biddle & Reath LLP

  • Associate at the Minneapolis office of Faegre Drinker Biddle & Reath LLP
  • Navigates clients’ labor and employment challenges, with a focus on employment litigation cases
  • Defends clients against claims arising under Title IX; federal and state claims of discrimination on the basis of disability, age, race, gender, religion and national origin; claims of retaliation under state and federal anti-discrimination and whistle-blower statutes; class and collective actions arising under the Fair Labor Standards Act (FLSA); and claims regarding trade secret and noncompetition violations
  • J.D. degree, magna cum laude, University of Minnesota Law School; B.A. degree in political science and Jewish studies, magna cum laude, Wellesley College
  • Can be contacted at 612-766-7709 or [email protected]
Amanda Semaan

Amanda Semaan

Faegre Drinker Biddle & Reath LLP

  • Associate at the Los Angeles office of Faegre Drinker Biddle & Reath LLP
  • Litigator who has a wide range of experience helping corporate clients resolve complex disputes
  • She primarily represents employers defending wage and hour, discrimination and other California employment law claims; she also represents manufacturers of pharmaceuticals, medical devices, food products and other consumer products in product liability disputes, and has experience in multiple aspects of Proposition 65, including compliance, responding to notices of intent to sue, litigation, and settlement
  • J.D. degree, UCLA School of Law; B.A. degree in communication studies, summa cum laude, UCLA
  • Can be contacted at 310-500-2129 or [email protected]
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More Program Information

Why Lorman?

Over 34 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!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408060
Published 2021
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