Off-Duty Conduct

Question

We have two employees who are friends and hang out together outside of work. However, they have been getting into disputes outside of work hours, and they’re bringing their personal issues into the workplace. They recently had an argument and were shouting at each other in the office during work hours. What can I do? Am I allowed to discipline them for issues stemming from their off-duty conduct?

Answer

An employer should generally be cautious about taking action against employees based on activity that occurs off-duty and off-premises. It is not uncommon or unlawful for employees who develop personal relationships at work to communicate with one another when they are not working. The best practice is to avoid bringing these issues into the workplace if they do not adversely affect the business or work environment.

That said, to the extent such situations interfere with work, employers have the right to address any issues that spillover into the workplace. Employers have a duty to provide a safe and comfortable workplace for all their employees. While an employer generally should not get involved in the personal lives of its employees, outside issues may infiltrate the workplace to such a degree that the employer has no alternative but to get involved to ensure a safe working environment. 

An employer must focus on the “at-work impact” of off-duty conduct and should address such issues from a policy enforcement standpoint, just as it would any other issues that might occur in the workplace. For example, if an employer would normally discipline employees who shout at each other during work or engage in other misconduct, the employer should not avoid doing so merely because the employees may have a personal relationship outside of work. Policies should be enforced consistently to ensure equal treatment and avoid discrimination concerns.

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