In today’s digital world, it’s increasingly difficult to for employees get away unscathed if they act out in public, even if it’s not considered to be egregious.
Trial attorney and co-managing partner at New-York based Gordon Rees Scully Mansukhani LLP, Misty Marris told FOX Business that employee conduct outside the work place can easily follow you right back into the office, and it can even cost someone their job.
It’s nothing new and yet, time and time again, there are occurrences when someone, including sports fans, go too far and subsequently, loses from their job.
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One of the latest examples happened this week when a Philadelphia Eagles fan at the center of a vile incident during the NFC wild-card game in Philadelphia lost his job at a New Jersey-based DEI-focused consulting firm this week.
The fan, identified as Ryan Caldwell, was seen in the viral video getting into the face of a female Green Bay Packers fan and calling her a “dumb c—” while her fiancé recorded the situation. He also taunted the man with other disgusting gestures.
“Camera phones and social media have really blurred the line between what is work related when it comes to off the clock activities,” Marris said.
However, “whether an employee can get fired for actions taken outside the workplace is pretty fact specific”, according to Marris.
It depends on several factors including the nature of the conduct as well as what state the employee and employer are located in. Additionally, private companies are not bound by first amendment protections, which means an employee’s public statements or actions can be taken into consideration by the employer, according to Marris.
But “something does not need to be egregious to result in a termination, although with everything in the law there are exceptions,” Marris said.
According to Marris, most states follow “at-will” employment, which means an employee can be fired for any reason or no reason, except for protected class status, which is a legal status that protects people from discrimination.
But this doesn’t apply to government employees, union members, or those with employment contracts, where termination rules are based on the terms of their agreements.
Many contracts or union agreements include “for cause” clauses, which define acceptable reasons for termination. Additionally, some companies have policies protecting employees for lawful activities outside the workplace, even for at-will employees.
Some companies might also have policies about lawful activities outside the workplace that could provide protection even when an employee is “at will,” according to Marris.
Manhattan psychotherapist Jonathan Alpert told FOX Business that employees should “develop an ability to keep strong emotions in check and overall good mental health.”
“This starts with understanding the situations that are likely to provoke you. Instead of reacting impulsively, take a moment to pause and consider the potential consequences of your actions,” Alpert said, adding that “techniques such as deep breathing, stepping away from the situation, or redirecting your energy toward something constructive can make a significant difference.”
If people turn to therapy, it’s vital that therapists equip them with practical tools to make meaningful changes, according to Alpert, who is the author of, “Be Fearless: Change Your Life in 28 Days.”
“True progress comes from learning to take responsibility and ownership of your behavior, and implementing strategies that help you maintain composure in challenging situations. By doing so, you not only safeguard your personal and professional reputation, but also demonstrate the kind of composure and maturity that others respect and admire,” he said.
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