By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
Off-duty conduct can sometimes find its way into the workplace, creating challenges for managers. Employees personal issues may affect workplace dynamics, morale, and productivity. While employees are entitled to privacy in their personal lives, situations where off-duty behavior disrupts the work environment require thoughtful and strategic management.
Understanding the Boundaries
Employees’ off-duty conduct is generally not the employer’s business unless it:
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Violates company policy
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Impacts workplace performance or safety
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Harms the company’s reputation
In addition, some states have laws protecting employees from adverse action based on lawful off-duty conduct (e.g., political activities, social media posts, or recreational activities).
Evaluating Employee Actions
When evaluating whether an employee’s actions harm the company’s reputation, we consider the following factors:
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Connection to the Company
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Nature of the Conduct
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Impact on Business
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Relevance to the Role
If you have concerns about an employee’s behavior and how it may affect your organization, we recommend calling the HR helpline to discuss the situation in detail.
How Managers Should Respond
When off-duty conduct becomes a workplace issue, managers must address the situation with professionalism and neutrality. Here are some key steps:
1. Avoid Gossip and Speculation: It’s natural for employees to talk, but gossip can escalate situations and create a toxic environment. Managers should:
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Discourage gossip in the workplace.
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Redirect conversations to focus on work-related matters.
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Model professional behavior by refraining from engaging in or entertaining rumors.
2. Rely on Company Policies: Having clear policies in place is essential.
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Review relevant workplace policies, such as codes of conduct or anti-harassment policies.
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Apply policies consistently and fairly to all employees.
3. Consider Job Performance and the Impact on the Company: The primary concern should always be whether the employee is fulfilling their job responsibilities. Ask yourself, “Is the conduct affecting their ability to perform their duties?”
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If the answer is yes, document specific examples of how the conduct is affecting their performance. Then hold a private meeting to address the issue with the employee and document discipline if necessary.
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Even if the employee is performing their duties, conduct that damages the company’s image or operations should still be addressed. Determine how the conduct is affecting the company, such as customer relationships, team dynamics, or public perception. Then explain the issue to the employee, emphasizing the broader impact on the company. Provide guidelines for acceptable behavior moving forward.
While off-duty conduct may occasionally disrupt the workplace, managers should approach these situations with a focus on performance, policy, and professionalism. By addressing issues without engaging in gossip or making moral judgments, employers can maintain a respectful and productive work environment.
If you are considering terminating an employee based on the employee’s off-duty conduct, we recommend you consult with an employment attorney to ensure you will not be in violation of applicable federal or state laws that may offer protection to that employee regarding their off-duty conduct.
If you are an employer with questions about compliance or any human resources issues, contact us at 855-873-0374 or email . We are committed to helping you navigate the complexities of workplace issues and regulations.
Disclaimer: The information provided on this website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website does not create an attorney-client relationship between Keystone’s Risk Management Division or our employment attorney and the user or browser.
