|Feb. 23, 2017 | www.fisherphillips.com|
Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an intranet), but must be monitored and enforced in order to remain effective tools for encouraging or prohibiting certain behavior. But can you rely on your policies to discipline or terminate employees for engaging in legal conduct which occurred off-duty, especially if the conduct also occurred off-premises, and did not negatively impact the employee’s performance of his or her duties or your business?
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing. With some exceptions, they are generally permitted wide latitude in deciding when to conduct such tests.
With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served.
Managers have a special role for employers because they are your legal agents. What they say, do, and know can be attributed to you as their employer. Depending on the issue, you can even be strictly liable for the conduct of managers, meaning that your good intentions are not a defense.