Off Duty Conduct
MNJane
11 Posts
We have an interesting situation with regard to an employee's off duty conduct. This employees maintains an electronic journal on his website in which he writes about many things, including derogatory opinions, including some inappropriate sexual references, about some of his coworkers. Needless to say, his coworkers have become aware of the website and have either read it (presumably on their own time) and/or relayed the info contained in it to others at work. This, in turn, has caused a significant disruption in the workplace with many employees becoming upset.
A few months ago, the manager had a verbal discussion with the employee about the impact his website was having and things quieted down. Things have now heated back up and the manager is considering further action. I would like to recommend that they issue a final warning for contributing to a hostile and disruptive work environment with termination to follow if the conduct continues. However, we have some lingering concerns about the indirect relationship between the conduct and the workplace since the website is entirely operated by the employee on his own time and away from the workplace. In addition, we do not believe employees are viewing the website at work. Management is also concerned about infringing on the employee's first amendment rights. I would appreciate any thoughts on this.
A few months ago, the manager had a verbal discussion with the employee about the impact his website was having and things quieted down. Things have now heated back up and the manager is considering further action. I would like to recommend that they issue a final warning for contributing to a hostile and disruptive work environment with termination to follow if the conduct continues. However, we have some lingering concerns about the indirect relationship between the conduct and the workplace since the website is entirely operated by the employee on his own time and away from the workplace. In addition, we do not believe employees are viewing the website at work. Management is also concerned about infringing on the employee's first amendment rights. I would appreciate any thoughts on this.
Comments
We have a policy that states that all employees must conduct their personal affairs with the utmost integrity and requires that all employees:
1. Conduct themselves in a manner that does not reflect unfavorably on either the organization of fellow employees
2. Conduct themselves in such a manner that his / her actions do not affect his / her ability to perform the full responsibilities of his / her job.
If you don't have such a policy, perhaps now is the time to implement one and have every employee sign that they have been given the new policy.
My $0.02 worth.
DJ The Balloonman
The part of the comment I took exception to was a statement that an employer is obligated to deal with harassment that takes place away from the workplace. That's a matter for civil authorities. Fire him perhaps, but no obligation to investigate and take it up as a sexual harassment investigation if he's doing it somewhere else. Where are the lawyers when you need them?
My $0.02 worth.
DJ The Balloonman
Would also focus on the impact it has on job performance in the workplace. It is his choice to keep this website but it's also our responsibility to keep a respectful workplace.
If there are individuals who refuse to work with him, I would address it with him to see what he's going to do to correct this as it affects the ability to run your business.
Unless the harassment is taking place at work or if you have a policy pertaining to conduct outside of the workplace I would think that there isn't much you could do. If you DO have a policy then follow that to the fullest extent.
There was a website here in CA recently that was shut down because it was brought to the attention of the authorities. The website was done by a student and it contained harassing comments about fellow classmates. The school couldn't shut it down, but the police did.
Now, compare you answers to the downsides for allowing him to continue.
Make your choice.
I know i've got my rose colored glasses on today!
good luck with a tough issue,
Stuart
I do address rumors in the workplace and take appropriate action based on the situation.
As I stated- unless the company has a policy addressing conduct outside of work and the effects it has on the company and employees I would be hard pressed to investigate it as a harassment claim. I don't think companies are bound by law to make such policies, but I agree that it is wise to do so.
If the company DOES have the policy then follow it. If you DON'T have a policy make one. I'd fire the person, especially if it's an at will state. Will that change the postings on the website? No. Will it improve the morale of the rest of the company? Big time.
Is the website blog creating a hostile working environment due to its sexual content?
Again, weigh the downside of action vs. the downside of inaction.
On a more sane thought train, I think I might call him in, give him two days to completely wipe out any mention of the company and its employees from his website and tell him if he does not do that to your satisfaction, he will receive notice of termination of employment at the beginning of the third day. I would not give a rip what he might threaten or if he files a charge somewhere, as your actions are clearly not steeped in violation of the rights of any protected group. I would not worry about his UI claim either. Let him draw it. Get rid of him. Even if he does clean up the site, he bears close scrutiny. This mole will soon poke his head out of another hole in your backyard and his tunnels are everywhere.