Off-Duty Conduct

Off-duty conduct refers to an employee’s behavior outside of work hours and away from the workplace. Employers are often concerned about the impact that their employees’ off-duty conduct can have on their company. For example, inflammatory social media posts that are linked back to an employer can harm its reputation. Side gigs or affiliations could compete with an employer’s corporate values or culture, even raising conflicts of interest. Illegal off-duty interests may raise concerns about an employee’s fitness or ability to perform their job duties.

As such, employers may want to establish policies regulating their employees’ off-duty conduct. However, employers must be cautious in creating and enforcing such policies as many states have laws protecting employee privacy and lawful off-duty conduct (e.g., use of tobacco products, use of legalized marijuana, and political activities). Use this Off-Duty Conduct policy template to create a policy that fits the needs of your organization.