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Terming an employee for off the job behavior.

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  • Terming an employee for off the job behavior.

    If an employee has an "agreed mutual restraining order" with another employee, and violates that order off the work site by emailing the person a simple invitation to a church service (because the mutual restraining order bars contact between the two via telephone, text, emails, etc), is it a violation of public policy or some other law to fire the guy?

  • #2
    No, on the facts you have provided you can safely fire him.


    • #3
      If we were to give him a last chance warning, since both people are employees, could I stipulate in the warning that he is not to contact her at home or anywhere away from work?


      • #4
        Yes, you could. But just to make sure it is absolutely clear, no Federal law and no law in any US state prohibits you from firing an employee for their off-work behavior. There are a few exceptions, in some states, where they cannot be fired for legal behavior off work (i.e. smoking). But it doesn't matter if he violates a restraining order at work or off work, he can still be fired for it.