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Total Articles: 4

ESPN Reporter's Rant Shows Perils of Off-Duty Conduct

ESPN reporter Britt McHenry is not exactly a household name. But when her cruel comments to a towing company employee went viral, she gained the sort of publicity that her post-game reporting never attracted.

You Can't Fire Me For That – I Was Off Duty!

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an intranet), but must be monitored and enforced in order to remain effective tools for encouraging or prohibiting certain behavior. But can you rely on your policies to discipline or terminate employees for engaging in legal conduct which occurred off-duty, especially if the conduct also occurred off-premises, and did not negatively impact the employee’s performance of his or her duties or your business?

"You Can't Fire Me For That – I Was Off Duty!"

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an intranet), but must be monitored and enforced in order to remain effective tools for encouraging or prohibiting certain behavior. But can you rely on your policies to discipline or terminate employees for engaging in legal conduct which occurred off-duty, especially if the conduct also occurred off-premises, and did not negatively impact the employee’s performance of his or her duties or your business?

Legal Alert: Public University Lawfully Terminated HR Vice President Who Published Op-Ed Insensitive To Homosexuals

Executive Summary: The University of Toledo terminated an Associate Vice President for Human Resources after she wrote an op-ed column arguing that homosexuals could choose their sexual orientation and thus were not entitled to the same protections as persons of color. This view ran contrary to the University's diversity and equal opportunity policies. The Sixth Circuit upheld the employee's termination. The court held that the employee's speech was not protected by the First Amendment because she held a policymaking position and was speaking to a policy issue.
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