A majority of human resources professionals are comfortable issuing discipline to workers who get them involved in workplace misconduct during the workday, and it is appropriate to go through the handbook and determine the legal course of action centered upon the nature and level of the offense. This situation becomes noticeably more loaded; however when workers engage in unwanted operations outside the workplace (Kelliher & Anderson, 2010). First, outside work policies should be created by an organization that protects its well-being and employers ought to be entitled to take action after learning of a worker’s conviction. However, the managers and employers should demonstrate that the decision or policy is career associated and consistent with the business necessity. Off-duty social media use also may be safeguarded under federal law, and the national labor relations act also applies to both the private and public sectors and is likely to restrict a manager’s mandate to terminate an employee for posting disparaging comments on the social media.
Kelliher, C., & Anderson, D. (2010). Doing more with less? Flexible working practices and the intensification of work. Human relations, 63(1), 83-106.