When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Off Duty Conduct – Ask the Expert

Can You Terminate an Employee for Posting Anti-Semitic Remarks on Facebook?

Off-duty conduct is grounds for discipline when it directly impacts the workplace.
We just discovered that one of our employees is a member of the Neo-Nazi party and has made a series of disparaging comments about Jewish people on his Facebook page. Can we fire him?
It depends.
I can certainly understand why you wouldn’t want to have a person like that in your organization. But how employees live their lives away from work isn’t legitimate grounds for discipline UNLESS there’s a “nexus” between their conduct and the workplace. As the employer, you’d have the burden of proving such a nexus in any grievance or legal proceeding for wrongful dismissal.

However, thanks to decade of case law, we have a pretty good idea of where courts draw the lines. Specifically, there are 5 basic factors establishing a nexus between off-duty conduct and the workplace. What you need to do at t...

Save with annual purchase!
Try It Out!
Take a Spin
Take a Spin
Not ready to buy yet? Take a trial!
Get full access to HR Insider to make sure it's the right fit for your organization!
Start My TrialStart My Trial
For large businesses with multiple locations across the globe.
Contact UsContact Us



Already have an account?