News & Analysis as of September 21, 2024

Off-Duty Employees

+ Follow

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Inappropriate Video Conduct Not Always Sufficient Grounds for Employment Termination

Troutman Pepper on 12/1/2022

Q. May an employer discipline or discharge an employee for appearing in a TikTok video? ...more

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/18/2022

In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...more

Between A Rock And A Hard Place – Off Duty Conduct Statutes

Sherman & Howard L.L.C. on 7/19/2018

The Ninth Circuit recently reminded employers to keep state statutes regarding lawful off duty work in mind. R.C. Willey had a policy prohibiting employees from arriving at work with a blood alcohol level above .04%. When an...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Dorsey & Whitney LLP on 11/13/2017

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Employer Discretion to Terminate Employees for Off-Duty Conduct in the Age of Charlottesville

Clark Hill PLC on 9/1/2017

Before the rise of social media, employees' off-duty conduct was generally unknown to an employer, even if that conduct involved violence or unlawful conduct. On August 12, 2017, it took mere hours before the participants in...more

Employment Law - August 2017 #2

Manatt, Phelps & Phillips, LLP on 8/31/2017

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work - Why it matters - Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover...more

What Can A California Employer Do About Off Duty Conduct?

Fox Rothschild LLP on 8/21/2017

The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more

Recent Colorado Supreme Court Decision on Medical Marijuana Highlights Risks Facing Employers in Connecticut Who Seek to Enforce...

Pullman & Comley - Labor, Employment and... on 6/26/2015

As many of our clients know, we frequently train and counsel employers on the implications of Connecticut’s medical marijuana law in the workplace. Although medical marijuana use remains illegal under federal law,...more

Colorado Allows Firing of Employee Who Used Medical Marijuana

Cozen O'Connor on 6/24/2015

As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana...more

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical...

BakerHostetler on 6/19/2015

On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana...more

10 Results

View per page

Page: of 1

Hiring & Firing › Termination › Off-Duty Employees

"My best business intelligence, in one easy email…"