Beer, baseball, and viral videos: Disciplining employees’ off-duty conduct

Given the charged political climate and the ubiquity of cell phone videos, employers are increasingly grappling with how to respond to employees’ off-duty conduct. In a recent example of this trend, prominent Wisconsin employer Manpower Group Inc. fired one of its in-house attorneys after she was filmed threatening to call U.S. Immigration and Customs Enforcement (ICE) on an opposing fan at a Milwaukee Brewers baseball game. The incident provides a useful opportunity for employers in Illinois and elsewhere to revisit their policies and practices concerning employees’ off-duty conduct.

‘Let’s call ICE’

In a recent playoff game between the Milwaukee Brewers and the visiting Los Angeles Dodgers, an intoxicated Dodgers fan started video recording his taunts to surrounding Brewers fans. It was late in the game, the Brewers were losing, and the mood was solemn. While most Brewers fans ignored the taunts, one woman engaged with the (apparently Hispanic-presenting) Dodgers fan, eventually swatting at his camera and stating, “You know what? Let’s call ICE.”

The video went viral, and the Brewers fan was quickly identified as an attorney for one of Wisconsin’s largest and most prominent employers: Manpower. Within short order, Manpower placed her on leave, investigated the incident, and then terminated her employment. It issued a statement expressing its commitment “to maintaining a culture grounded in respect, integrity, and accountability."