Off-Duty Conduct Policy
Author: Adam W. G. Freed and Anthony J. Oncidi, Proskauer Rose LLP; Jeremy M. Mittman, formerly of Proskauer Rose LLP
When to Use
Even after the work day ends, employee conduct and behavior can adversely affect an employer's image and business interests. For this reason, it is suggested that employers implement an off-duty conduct policy which provides the ground rules for what is and is not permissible outside of work.
Employers should consider including this policy in their employee handbooks or presenting it to employees during the onboarding process to protect against employees engaging in activities outside of work that could jeopardize the employer's interests. The employer should make sure that employees sign and acknowledge that they have received and understand the policy and consent to its terms. The policy should be used as an ongoing reference by employees and supervisors in determining what constitutes appropriate off-duty conduct.