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Is an Employee’s Off-Duty Conduct Off-Limits to an Employer?

Generally, an employee’s off-duty conduct is off-limits as far as employers are concerned. Exceptions do exist if there is some relation between the off-duty conduct and your business and if misconduct outside of the workplace poses a risk for your business.

While you can regulate your employees’ behaviour at work, your employees’ off-duty conduct is a different story. When it comes to activities or behaviour employees are engaged while not at work, employers have very limited say. For you to do anything about an employee’s off-duty conduct, there should be some relationship between the conduct and the employee’s job or your business.
To determine whether there is any action that you can take regarding an employee’s lawful off-duty conduct, ask yourself the following questions:

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