So if the reason for your dismissal is not illegal under your state laws, your employer may fire you for what you do in your spare time outside of work. An organization`s off-hours code of conduct is likely similar to the policies that govern employee behavior during office hours. Sometimes actions that create a hostile work environment take place outside of working hours. An off-duty code of conduct can help clarify what behavior outside of work can cause trouble for employees. With the increasing use of social media and technology, robust behavioral policy outside of service is now more important than ever. Maybe. A new trend is gaining ground, as companies seeking to reduce their healthcare costs have established not only a “non-smoker” policy, but a “non-smoker” policy. Not only do these companies refuse to hire smokers, but some even take the drastic step of laying off current employees who smoke. Whether your business can do this depends on where you live, as some states have laws that prevent employers from discriminating against smokers, but other states don`t offer such protection, leaving employers free to fire smoking employees. It`s understandable that employers are concerned about off-duty employee activities that may impact job performance or company image, but employers must ensure that their policies don`t violate state laws that protect employees` legal behavior outside of work. This problem can sometimes fall into a gray area, but the answer is probably yes, your employer can prevent you from working undeclared, either through their personnel policy or by forcing you to sign a competition agreement that limits the type of work you can do for someone other than your current employer. Employers may also prohibit employees from using company time, resources, property or trade secrets for incidental purposes. Even though most of the behavior took place outside the workplace, employees — and often community members — who saw photos of employees involved in the riots, expressed support for the riot, or wore masks or clothing with some of the rioters` messages expressing complaints to employers.
8. I smoke medical marijuana in a state where it`s legal, but my employer fired me because I tested positive for marijuana. Is it legal? No, not under federal law. Employees often mistakenly believe that their statements are universally protected by the First Amendment. The First Amendment explicitly prevents the federal government from interfering with free speech, but it does not guarantee this right in the private sphere, including in private workplaces (and social media platforms). As a result, a private sector employee`s speech (whether in person or in writing on social media) under the guise of freedom of expression is not protected from employment consequences. Such expression of employees would also include wearing T-shirts, sweatshirts or masks with abusive or harassing messages, such as those seen in images of the Capitol riot. With the advent of social media, employers quickly became aware of employees` off-duty behavior from other employees` reports. After the neo-Nazi white supremacist rally in Charlottesville, Virginia on August 11-12, 2017, it took only a few hours to identify the participants and for employers to take action against them. 3.
I have a blog that I write in my spare time. I sometimes mention things that happen to me at work, but I don`t identify who my employer is. Can I get in trouble for this blog? While there are laws that protect you from harassment, a company`s decision to take action against an employee for harassment outside of work hours depends on the company`s policy. For example, if harassment creates a hostile work environment, many companies will punish the perpetrator. To learn more about harassment, visit our Harassment and Other Issues in the Workplace section and learn about the harassment that is most closely related to what you are experiencing. To simplify administration and avoid legal risks and mistakes, an employer may want to identify the most restrictive applicable rule on a particular topic and adopt that rule in all places, she suggested.
