Regulating Employee Conduct On & Off the Job: Where to Draw the Line

Regulating Employee Conduct

"You won't believe what Mike posted on social media last night!"

But can you discipline that employee for his obscene Facebook comment? And where do you draw the line on other "private" off-duty activities like texting … at-home marijuana use … or even social/political speech and activism?

The line between off-duty and on-duty conduct has always been blurred. With more employees working remotely these days, those lines fade even more – but the legal risk is crystal clear.

That's why it's more important than ever for HR and management to know how to legally monitor and discipline employee behavior that occurs inside and outside the workplace.

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Join us on Tuesday, September 1, to find out exactly what you CAN and CAN'T do to regulate employees' conduct on and off your premises – and how to satisfy the often-conflicting demands of the law:

You'll discover practical, concrete answers to questions such as:

  • How do you handle obscene employee social media posts?
  • What should you do if employees send inappropriate texts to co-workers on non-work time?
  • What about marijuana and alcohol usage … can you still set rules for remote workers? ("Sober hours"?)
  • How far can you legally go to monitor employees' work at home?
  • How do you respect employee political speech and activism, while protecting your neutral brand?
  • What should your policies say about employee non-work activity? (We'll give you examples!)
  • When can you legally discipline for non-work misconduct, such as criminal activity?
  • What should your Bring Your Own Device policy say … and how should it change if employees are working from home?
  • Plus, get answers to your questions about this important, timely topic!

It used to be that improper workplace conduct happened around the watercooler. Now, HR and management need to know when (and how) they can monitor and discipline employee behavior that occurs outside the workplace.

On September 1, join us to discover your rights (and responsibilities) when it comes to managing employees' behavior, on and off the job.


Pat DiDomenico, Editorial Director
HR Specialist

book coverP.S. Early Registration Bonus. The first 50 people to sign up for Regulating Employee Conduct On & Off the Job will receive a copy of You're Not the Boss of Me! This 26-page report gives you practical advice on how to legally address the five most troubling categories of at-work and off-premises conduct.

HR Specialist websiteP.P.S. Extra Added Bonus. You'll also receive one month of Premium Plus Online – our comprehensive electronic information service. Premium Plus Online features more than 10,000 HR articles, online compliance self-audits, over 100 forms and checklists, plus Ask the Attorney (responses to your employment law questions). So that you continue to benefit from Premium Plus, we'll continue your access automatically for just $99 per quarter, unless you tell us "no, thanks" – your choice.

100% GuaranteeP.P.P.S. We promise you'll be satisfied. If Regulating Employee Conduct On & Off the Job fails to meet your needs in any way, we will refund 100% of your tuition – every penny you paid – but your course materials, early registration bonus and members-only website access will be yours to keep. No hassles, no questions asked.

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About Your Speaker:


Andrew Metcalf is an employment law attorney in the St. Louis office of Ogletree Deakins, an international labor and employment firm. He represents businesses and public organizations in all aspects of employment law – including both litigation and HR counseling – on issues such as discrimination, harassment, retaliation, and the FMLA and FLSA. He is a popular speaker to business groups on workplace best practices, and this "Regulating Conduct" webinar has been one of the most popular sessions at Ogletree Deakins' national employment law conference.

Credit Hours:

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The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.


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This program is valid for 1.25 PDCs for the SHRM-CP® or SHRM-SCP®.



  • Tuesday, September 1st
  • 1 - 2:15 p.m. ET
  • 10 - 11:15 a.m. PT

Since this is a webinar, you and your entire staff can attend in the comfort of your office or conference room for one low price! You may include as many people as you wish while listening on a single phone line or computer. Contact us for multi-site discounts.