Ain't Nobody's Business But My Own--Or Is It?

How far can you go in regulating your employees' off-duty behavior without being sued? This question came up in my recent seminar on “Turning Around Turnover.” Be aware that 28 states and D.C. all have laws prohibiting you from preventing employees from engaging in lawful activities, such as drinking and smoking. Here’s the acid test: Does your employee’s behavior threaten your company in any way financially or legally? Does your employee’s behavior compromise proprietary material? If not, you may have a hard time trying to defend yourself in a lawsuit.

Make your determination on how their out-of-work behavior affects their performance while at work. If they are convicted of drunken driving or theft, then it may be a different story, especially if they drive for you or handle money. Check your state’s laws and discuss the situation with legal counsel before taking action.