Fraternization can become a sexual harassment lawsuit if the relationship ends badly. And, of course, an employee might try to claim they were fired for such an illegal reason. When you encounter a co-worker who's a massive pain and you're away from work, you may want to plant a few well-deserved barbs in her hide. Activity outside work: Some states and localities prohibit employers for firing or disciplining employees for legal activities outside work. The short answer is that they can, provided the conduct outside of work has a bearing on the employment relationship. 2. But when you are Facebook friends with someone you work with — even if you … Even if you have the protection of a contract, your employer may find another reason to dismiss you. 1. She has contributed to Divorce360 and Revolution Health Group, among other publications. He is also a certified marine technician and the author of a popular text on writing local history. If you’ve been the victim of sexual harassment by a co-worker or supervisor outside of work, report it to your employer immediately and get legal help. For example you’re probably self-employed if you can charge more for the work you do. Can I Get Fired for Harassment Towards an Employee Outside of Work? Employees' activities outside work - including those resulting in criminal offences - are not grounds for dismissal unless they affect employees' ability to do their job, which could be because they affect relations with their colleagues, suppliers or customers or bring the business into disrepute. Life can change in an instant if you experience a work-related injury. Harassment at work, threats by a romantic partner and stalking by an acquaintance may all rise to the level of legal action, provided you meet the legal requirements to file suit. In civil cases for harassment that occurs outside the workplace, you must meet a four-prong legal test to sue for harassment and emotional distress. While most employment is "at-will," meaning you can be fired at any time and for just about any reason, some layoffs are against the law. Whether you can be fired or not rests with your employer. If you've been fired illegally, you can sue for damages and, in rare cases, even get your job back. Hostile Work Environment Harassment. The Federal Court considered that the … Harassment at Company Events Harassing another employee in the workplace is a definite no-no, but the rules may seem more blurry when it comes to interaction outside of the work. If you haven't, then the odds are that you know someone who has. Even outside of work, these examples can carry over to the workplace, creating a hostile environment for the harassed employee. Lynda Moultry Belcher is a writer, editor and public relations professional. Keep in mind that despite the fact that your personal time is your own, you are a representative for your company at all times. If you work in one of the 23 so-called right-to-work states, your employer may discharge you at any time for almost any reason, unless you work under a union contract. If you work under a union contract that covers harassment away from the workplace, the union contract controls your continued employment. There are some of the situations and circumstances where the employees of the company can get their boss fired from his/her post with a reason of harassment at work. After the EEOC investigation, the company paid damages to both the employee and her supervisor. Federal law protects employees from retaliation when employees complain—either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC)—about workplace discrimination or harassment. Generally speaking, you can’t be arrested for saying abhorrent things, but you can be fired. However, the laws are not always clear-cut. This might mean an investigation into the matter, despite the fact that it occurred outside of work. They are shocked when they are fired for complaining. The Occupational Safety and Health Act of 1970 says your employer has a mandatory general duty to provide a safe workplace -- one that doesn't include intimidation or threatening behavior. You need to give adequate notice to your employer, write a formal resignation letter, and be prepared to move on prior to submitting your resignation. Title VII of the Civil Rights Act protects workers from this type of retaliation and provides a number of remedies for such situations in the form of … However, an employer cannot fire an employee for an illegal reason such as due to race, sex, age, nationality, religion, disability, or in retaliation for whistleblowing. If you work in one of the 23 so-called right-to-work states, your employer may discharge you at any time for almost any reason, unless you work under a union contract. If there is an accusation of harassment from one employee against another, the company must take action to avoid being accused of allowing a hostile work environment. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. David Gibbs is the president of the Christian Law Association , which has provided free legal assistance to thousands of workplace believers. If you work under a union contract that covers harassment away from the workplace, the union contract controls your continued employment. Should your employer choose to terminate your employment for harassment away from work, you may be able to fight that termination based on your First Amendment right of free speech, but you may lose even if your comments are true. A hostile environment can result from the unwelcome conduct of supervisors, co-workers, customers, contractors, or anyone else with whom the victim interacts on the job, and the unwelcome conduct renders the workplace atmosphere intimidating, hostile, or offensive. It all comes down to the laws in your state. Fired for Being Unable to Work due to Work-Related Injury. If your employer chooses to discharge you for another reason, such as poor work performance, your harassment of another employee might precipitate your firing, but the true reason won't appear on your work record. This means harassment at work is a no-no at work; however, harassment elsewhere isn't explicitly addressed. If you harass one of your co-workers in the office, you might be out of a job before the end of the next workday. Know Your Rights According to the law, it is illegal to be fired for complaining about harassment at work. Insolence refers to the employee’s use of derisive, abusive or contemptuous language … Some states (New York, California, Colorado, North Dakota) have passed laws which prohibit discrimination against an employee for participation in legal activities outside work hours. 1. The Workplace Bullying Institute reports that nationally, 72 percent of bullies are bosses. The person doing the harassing can be your boss or coworker, but it could also be a security guard at the front desk, or a regular customer, or a vendor. The sad truth is that there is no law against general harassment, bullying or hostile work environment, and thus no law protecting you against retaliation if you report it. Employers can legitimately assert authority over any out of hours conduct that threatens the efficient operation of the workplace. Any sexual harassment of employees or other individuals related to your business (such as a client, customer, vendor, or independent contractor) outside of the workplace or after hours can contribute to a “hostile work environment” and violates employment laws. Moreover, you can be terminated for harassing another person outside of work if your actions have occurred in a pattern over a period of time and are making the other person uncomfortable at the workplace. Workplace Health and Safety Complaints So if the reason for your termination is not illegal under the laws of your state, then yes, your employer can fire you for what you do on your own time, outside of work. If you're involved in a political campaign and you work in one of these states, you can't be fired for your political activities as long as they are legal activities. One question that faces everyone is whether whether confronting someone outside of work is considered harassment or simply a matter of protected speech. Although it is in the best interests of the organization to eliminate bullies because they cause increased staff turnover and sick leave, few organizations or government agencies … If you unsure of whether this applies to your employment situation, consult with human resources or read through the company handbook for additional information. Eisenberg & Baum’s experienced sexual harassment attorneys are ready to discuss … No matter if you’re in the office, at a happy hour event, on business travel, or in the confines of your own home, sexual harassment can occur almost anywhere. If you're an at-will employee, you could be terminated for misconduct outside work. A case in point involved circumstances whereby an employer directed its employee to cease the sexual harassment of a co-worker outside of the workplace and disciplined the employee when he breached that direction 4. Whether you can be fired or not rests with your employer. Examples of harassment outside of the workplace that might result in termination include sexual harassment or assault, threatening actions or language toward a co-worker that might cause them to be uncomfortable in the work environment, courting personal favors using work-related tasks or responsibilities (wash my car or I'll make you organize the office supply room) or inappropriate language or advances that occur repeatedly. Can an employee be fired for activities outside the workplace? Prevention is the best tool to eliminate harassment in the workplace. Physical Harassment. Sexual harassment can happen at your actual place of work, or it can happen outside of work, like when a coworker texts you inappropriate messages, or if you’re traveling for a conference. Can an Employee Be Discriminated Against Because of ADHD?→, What Should Employees Do if They Feel Retaliation?→, Discrimination in the Workplace for Immigrants→. This is because both parties' feelings about the incident can carry over into the work environment, affecting the parties involved and those around them. She worked for a daily newspaper for 10 years and has been a freelance writer for more than 15 years. This will depend on whether or not there are company policies prohibiting sexual harassment outside of the workplace, as well as the court’s decision. The Occupational Safety and Health Administration (OSHA), the government agency charged with enforcing workplace safety and health laws, considers harassment, bullying, or other forms of intimidation as workplace violence. If the OSHA inspectors speak to the business owner or managers about the matter, they will tell company representatives that the harassment occurred away from work and the OSHA regulations about workplace violence address harassment in the workplace only. The Problems with Employee Dating This might mean an investigation into the matter, despite the fact that it occurred outside of work. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. A 1995 survey estimated that 80 percent of all employees have either observed or been involved in a romantic relationship at work. Bullies can be bosses, co-workers, or even subordinates. ... By Aaron Hotfelder, J.D., University of Missouri School of Law. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. If you’re harassed by a colleague. ; Eugene Volokh. The laws regarding protected speech are constantly evolving. When it comes to sexual harassment that takes place outside the confines of work, different companies may have differences in policy as to how the incident should be handled. Company Policy Considerations. With these steps in place, you can set yourself up for success and make it easier to move beyond this troubling time into a new and better … – Criminal behaviour unrelated to the workplace but which nonetheless injures an employer's interests can amount to cause for dismissal. Directly inform the HR department of the company Most of the complaints and issues of the company are resolved by the human resource department of the company. Moreover, you can be terminated for harassing another person outside of work if your actions have occurred in a pattern over a period of time and are making the other person uncomfortable at the workplace. She is also the author of "101 Plus-Size Women's Clothing Tips" and writes "Style At Any Size," a bi-weekly newspaper column. Your co-worker, the victim, can speak with the OSHA inspectors in private about the reason she feels the workplace is now a hostile environment. In one infamous example, a PR Executive on vacation posted on her personal Twitter before boarding her flight to South Africa: “Going to Africa. But your employer may still discipline you for things you post outside of work, depending on what you say. Termination of Employment Vs. Short Term Disability. Sixty-two percent of the bullies were men and 79 percent of the targets were women. Most companies have a policy regarding harassment of another employee, no matter whether the incident takes place at work. Plan your resignation carefully because it could have legal consequences if you file a harassment claim. Taking disciplinary action for off-duty conduct is appropriate in these cases. Whether alleged harassment of another employee outside of work will count against you -- and even result in a demotion or termination -- depends on your company's policy regarding these kinds of issues. Think before you post that video to YouTube. A retired ship captain, Charpentier holds a doctorate in applied ocean science and engineering. Unlawful harassment may occur without economic injury to, or discharge of, the victim. Will Charpentier is a writer who specializes in boating and maritime subjects. Such an attorney can provide information regarding your rights and assist you if you are disciplined or terminated for sharing your faith at work. When you do things outside of work that reflect poorly on yourself as an individual and on the company as a whole, your bosses might find grounds to terminate your employment to spare the company the embarrassment of your actions.