Off-Duty Conduct: New Quick Reference Chart Added

Author: Marta Moakley, XpertHR Legal Editor

Many states have passed laws that prohibit employers from disciplining or terminating an employee for certain off-duty conduct. Activities outside of work that are legal, such as smoking or engaging in political activities, may be protected in various ways.

Therefore, an employer seeking to control an employee's conduct outside of the workplace should check state laws before engaging in employee discipline or implementing an off-duty conduct policy - particularly because many of the penalties are criminal in nature.

In light of these developments, XpertHR has added an Employee Off-Duty Behavior Laws by State chart to the Quick Reference tool. The chart highlights the key activities that are protected by the states, which employers are covered, and any associated penalties.