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https://www.claytonutz.com/knowledge/2016/february/out-of-hours-conduct-differing-approaches-in-workers-compensation-unfair-dismissal-and-equal-opportunity-jurisdictions#:~:text=In%20the%20context%20of%20unfair%20dismissal%20cases%2C%20Federal,or%20implied%20term%20of%20their%20contract%20of%20employment.
https://www.workplacefairness.org/off-duty-conduct
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. As long as the conduct does not present a conflict with …
https://www.hrdirect.com/can-you-discipline-employees-for-conduct-outside-of-work
In states that have broad protections covering off-duty employee conduct, you can’t curtail outside employment, unless you can prove the second job poses a conflict of interest that is detrimental to your business. Make sure you word any restrictions about outside employment carefully. Avoid Legal Issues with Solid Off-Duty Workplace Policies
https://www.claytonutz.com/knowledge/2016/february/out-of-hours-conduct-differing-approaches-in-workers-compensation-unfair-dismissal-and-equal-opportunity-jurisdictions
In the context of unfair dismissal cases, Federal Tribunals have held that an employer has no right to control or regulate an employee’s out of hours conduct, unless the employee’s behaviour outside of working hours has an impact on their employment to the extent that it can be said to breach an express or implied term of their contract of employment.
https://hrdept.com.au/rockingham-kwinana-peel/blog/employers-rights-regarding-employees-conduct-outside-of-working-hours
Employers rights regarding employee conduct outside of working hours. Wednesday October 3, 2018. As we get into the full swing of Spring with increasingly warmer weather, events and festivals are filling up social schedules from coast to coast. Invitations to public events, carnivals, live sports and work socials are on the rise.
https://employmentlawmatters.com/talent-performance/is/
To warrant disciplinary action, the employee’s out of hours conduct must be such that, viewed objectively, it is likely to cause serious damage to the relationship between the employer and employee; or the conduct damages the employer’s interests; or the conduct is incompatible with the employee’s duties as an employee: Rose v Telstra Corporation Ltd [1998] …
https://www.hcamag.com/au/specialisation/leadership/disciplining-an-employee-for-out-of-hours-conduct-what-you-need-to-know/150490
There are a variety of considerations that employers need to be conscious of when considering disciplining employees for any type of ‘out of hours’ conduct. (c) the interests of the employer more generally. Essentially, there must be a “clear connection” between the employee's out of hours conduct and their employment.
https://www.ethics.usda.gov/rules/outside-employment.pdf
5. Use of Personal Time: Generally, an employee must conduct all outside activities on his/her personal time. If outside work is to be performed during an employee's standard tour of duty, the employee must be on approved leave, leave without pay, credit hours, or compensatory time and not be present at his/her duty station.
https://www.vwv.co.uk/news-and-events/blog/employment-law-brief/disciplinary-action-employees-conduct-outside-work
This story raises the question - can employers take disciplinary action based on an employee's conduct outside of working hours? The short answer is that they can, provided the conduct outside of work has a bearing on the employment relationship.
https://fairworklegaladvice.com.au/unfair-dismissal-and-conduct-out-of-working-hours/
But if an employee’s conduct outside the workplace has a significant and adverse effect on the workplace, then the consequences become a legitimate concern to the employer. 30 A range of ‘out of hours conduct’ has been held to constitute grounds for termination because the potential or actual consequences of the conduct are inconsistent with the employee’s duty of fidelity and …
https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/off-duty.aspx
"Likewise, the discipline policy should include mention [of] conduct on- or off-duty that harms the business interest or reputation of the …
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