News & Analysis as of

Off-Duty Employees Employee Misconduct

Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Lights, Camera, (Legal) Action - Employer Risk Considerations With Employees on Reality TV Shows

A star of a popular long-running reality TV was fired from her real estate job according to recent news reports over allegations that she used a racial slur during filming of the show. While an investigation into the incident...more

Spilman Thomas & Battle, PLLC

Harassment Outside the Workplace: Can it Lead to Employer Liability?

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

Littler

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

Littler on

In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

FordHarrison

Ja Morant’s Suspension: Key Takeaways For Handling An Employee’s Off Duty Misconduct

FordHarrison on

On March 20, 2023, following an eight-game suspension, Memphis Grizzlies’ two-time All-Star point guard, Ja Morant, returned to play in a NBA basketball game against the Houston Rockets. Grizzlies’ fans welcomed back Morant...more

Stikeman Elliott LLP

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

Stikeman Elliott LLP on

An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

Bass, Berry & Sims PLC

Halloween Party Turns Scary for State in New Court Decision: Appellate Court Says Employer May Be Held Liable for Off-Duty,...

Bass, Berry & Sims PLC on

Can an employer be held liable for sexual misconduct at a private party that takes place after an employer-sponsored holiday party?  A recent Tennessee Court of Appeals case appears to say “yes” and thereby presents a new...more

Akerman LLP - HR Defense

The Black Lives Matter Movement and the Workplace

The Black Lives Matter movement, protesting racism, police brutality, and the deaths of George Floyd and other Black Americans, has not only been seen and heard in streets around the world; it has found a new voice in...more

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