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Event Details

    On Duty Consequences for Off Duty Conduct?

    Date: October 15, 2020, 5:30pm – 8:30pm
    Location:
    The Greenview Inn at Eastlyn Golf Course
    4049 Italia Avenue, Vineland.
    (phone) 691-5558
    http://eastlyngolf.com/contact.php.
    Price:
    Prior to deadline-5 pm Tues 10/13 HRA member $40.00 non member $50.00
    Event Type:
    Dinner Meeting
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    Networking:  5:30 - 6:15 pm
    Dinner: 6:15 - 7:30 pm
    Program:  7:30 - 8:30 pm

    Speaker:  Megan K Balne, Esq., Hyland Levin Shapiro LLP

    Megan Knowlton Balne   Bio (click here)

    Topic:  On Duty Consequences for Off Duty Conduct?

    Description:  Regulating Off- Duty Conduct of Employees in the Age of Social Media and Remote Working

    Regulation of off-duty conduct by employees is a complex issue and has become increasingly difficult in the age of social media and remote workplaces.  This presentation will start by addressing the foundational concept that employment in New Jersey is at-will, which means employees may be terminated at any time, with or without cause.  The presentation will then address common instances of when off-duty conduct by employees typically result in discipline or termination, such as criminal conduct or substance abuse.  Next, the presentation will discuss the more complicated issues of regulating employee’s social media use or participation in political or social demonstrations.  When are an employer’s interests implicated by their employee’s use of social media?  What policies can you put in place?  How do employers respond when employee’s partake in social or political demonstrations that result in controversy?

    The presentation will look at recent real life examples:

    (1) Fed Ex worker who was fired after participating in a social demonstration during a Black Lives Matter march that was considered by many to be offensive;

    (2) a manager at an investment firm that was fired for falsely reporting a black man to the police while walking her dog;

    (3) an employee who made misogynist and racially insensitive comments on social media that were then reported to the employer, a woman-owned and minority-owned business.

    The presentation will also briefly review NLRB regulations and First Amendment considerations.

    Finally, the presentation will discuss how to regulate off-duty conduct when employees are working a substantially portion of their day remotely.  How can employers impose meaningful restrictions on work conduct while the employee is in their own home?

    Members will leave the presentation with the following takeaways:

    • Key handbook policies to have in place and reinforce to regulate social media activity and off-duty conduct expectations
    • The importance of documenting performance issues and issuing proper warnings for on-duty conduct when evaluating discipline for off-duty conduct
    • Steps for evaluating whether off-duty conduct warrants discipline and what level of discipline is appropriate

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    Certification credit:  This program is approved for 1.25 general recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.  Please be sure to note the program ID number on your recertification application form.  For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.

                             

    The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program.  It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.

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    Approved 1.25 PDC's