Why and How to Legally Monitor Employee Off-Duty Conduct

Don’t get caught flat-footed when an employee gets caught red-handed! Employees’ off-duty conduct is often relevant to their on-duty responsibilities. Even minor criminal behavior or traffic infractions may be advance warning that an employee’s decision-making, safety awareness, or credibility may be compromised, making the individual an “insider threat.” 

Ignoring such insider threats can damage an employer’s ability to mitigate liability if an employee commits an unsafe or criminal act in the course of their employment. At the same time, many employers are hesitant to delve unnecessarily into their employees’ personal lives or are uncertain as to how to respond when an employee is arrested.

In this presentation, Mike Coffey, SPHR, will review the kinds of insider threats about which employers may need to be aware. He will also review policy considerations to ensure that red-flag incidents are identified and evaluated fairly. These considerations include employee self-reporting of certain incidents, periodic background checks, evaluating job-specific risks suggested by incidents, and appropriate responses to job-relevant incidents.

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