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Can You Be Terminated for Out-of-Work Conduct?

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Can You Be Terminated for Out-of-Work Conduct?

An employee’s off-duty conduct is generally off-limits as far as employers are concerned, and an employer can’t terminate an employee for conduct outside work if that termination would amount to unlawful discrimination.

However, exceptions exist if the misconduct outside the workplace poses a serious risk to the employer’s business.

  • In employment-at-will states, employers can terminate an employee for a good reason, a bad reason, or no reason at all.
  • If an employment contract is in place, it likely outlines the specific types of conduct for which an employee can be terminated. So the rights and obligations of the employer and the employee are set contractually.

In many cases, though, no clear-cut guidelines can help determine the course of the action, especially for off-duty, private deeds with moral or political overtones that aren’t rightfully the company’s concern. However, the employer can terminate if the employer can establish a logical, if not obvious, connection between an egregious off-duty behavior having some bearing on their job (e.g., substance abuse that impairs the ability to perform work,) posing a reputational risk, damaging the employer’s interests, portrays the employer in a poor light (e.g., the employee was wearing a uniform or sporting the employer’s logo ) or is incompatible with the employee’s duty (e.g., a poorly worded social media post painting the employer or the industry in a poor light, or inciting hatred and hostility.) The devil is always in the detail.

Idea for Impact: Any out-of-hours misconduct with some sufficient or necessary association with the employment is grounds for termination. Best to know the employer’s policy on what makes up a breach of the company’s values, public position, and policies.

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What Every Manager Should Know Why Generation Y Quits

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What Every Manager Should Know Why Generation Y Quits

Millennials, or the Generation Y or Gen Y cohort, are much better educated. They’re tech-savvy, more achievement-oriented, and better problem-solvers than preceding generations.

Millennials also tend to be restless with their career progression, demanding salary and job flexibility. They’re quick to move on if something better beckons. Millennials aren’t interested in the financial success that inspired the Boomers or the independence that characterizes the Gen Xers, but in personalized career paths.

Employers often gripe that millennials seem entitled and overly ambitious. And even if they’re high-maintenance, they’re hungry and willing to do what it takes to prove themselves.

To prevent Gen Y retention problems, create an environment where they have room to make an impact and give them the autonomy, support, and training to get there.

Idea for Impact: Millennials become disengaged quickly in the workplace—they’re impatient with things that do not lead to learning or advancement. They never stop questioning the status quo; they don’t want to be told they must do their time and wait in line. Give them a way to move up promptly, with fun and challenges along the way.

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Never Skip Those 1-1 Meetings

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Never Skip Those 1-1 Meetings The weekly 1-1 meeting with direct reports is usually the first casualty of managerial overload. A few email exchanges or ad hoc encounters aren’t a reliable alternative for the open line of communication set forth by a regular 1-1 meeting, especially if an employee needs a problem addressed or priorities adjusted in changing situations.

Idea for Impact: Keep your commitment to do whatever is feasible to preserve your 1-1s with direct reports—in both schedule and content—even if it means having an abbreviated meeting or adjourning to later in the week.

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Listen and Involve

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Participative Management Style All too often, leaders live in a culture of telling. They see their role as instructing others what to do, to plow through by compliance. But true leadership is eliciting commitment.

People want their thinking to count. If there’s a better way to carry out a task, they want to be able to identify it and put it into action. They’re more spurred to prevail at a challenge if they have a commitment to their work by their own volition. Hence, leaders should engage their people in choosing the goals the group needs to accomplish.

Idea for Impact: Leaders who play a participative management style derive enormous rewards in efficiency and work quality. Find opportunities to have direct conversations with individual employees and teams about what can be done to improve effectiveness.

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How to … Deal with a Colleague Who Talks Too Much

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How to Deal with a Colleague Who Talks Too Much If a coworker has a habit of talking incessantly—mostly about his personal life—and doesn’t heed when you hint you can’t be distracted from work at the moment, address your frustrations directly and respectfully.

When you think he’s ready to listen, have a chat privately and make him aware of the issue. Say, “I like conversing with you, but sometimes you keep talking even after I tell you I need to get back to work. Often, I feel pinned down. Could you please heed when I say our visit impedes my work?” You may add, “I’d always be happy to talk to you when I’m less busy or over a drink in the evening.”

This talk may be briefly awkward for both of you, but so are most tough conversations. Often, problems are best nipped in the bud.

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Giving Feedback and Depersonalizing It: Summary of Kim Scott’s ‘Radical Candor’

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It takes finesse to tell your boss and colleagues what you really think and address conflicts with urgency. When individuals are hesitant to talk frankly to each other, unresolved conflict can wreak havoc on productivity and culture.

'Radical Candor' by Kim Scott (ISBN 1529038340) Former Google and Apple executive Kim Scott’s bestselling Radical Candor (2017) can help if you struggle with delivering honest feedback with the subtlety that suits the relationship. To avoid turning criticism into a personal attack, Scott suggests phrasing feedback using a “situation-behavior-impact” recipe (identical to the Manager Tools’ Feedback Model I’ve recommended for years): describe the situation where the problem behavior appeared, the other’s specific actions, and their impact. Instead of “You’re sloppy,” tell, “You’ve been working nights and weekends, and it’s taken a toll on your accuracy.” Scott also extends directions on how to educate to deal with conflict, strike positive solutions, and foster a fertile conflict mindset that everybody embraces.

Recommendation: Speedread Radical Candor. If you condone the narrative inconsistencies, excessive name-dropping, and banal Silicon Valley tenor, this text will teach you how tactful conflict and giving honest feedback can be an impetus for positive change. Bruised egos and problems nipped in the bud are better than the alternative—stalled projects, mediocre work, and resentment that festers on.

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Don’t Manage with Fear

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Stop Leading Through Fear---Gain Commitment, Not Compliance The ability to rouse fear has forever been an essential tool of management. Fear can be an effective mobilization tool in the short term. But fear breeds complicity, not commitment.

Instead of fear-based tactics, try soft power. Build trust and gain influence using these methods.

  1. Develop an inspiring vision. Work hard to follow through on implementing that vision and celebrate even little accomplishments along the way.
  2. Communicate expectations. Ask, “How can I help you do your job better?” Follow up. No need to keep everything too close to the vest. You needn’t tell everything you know, but what you say and do has to be true.
  3. Solve problems quickly. Push for results. Set aside some time for review and create options or actions that are apt for your team’s situation. Be tough where you must be, kind where you can be.

Idea for Impact: Don’t take the fear approach with employees. With motivation, fear works—up to a point. Understand how your people view your leadership style and ensure your behavior doesn’t cross the line between pushing them hard and pushing them away.

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How to Lead Sustainable Change: Vision v Results

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In the Drucker Foundation’s Leader to Leader (1999,) Harvard Business School professor John Kotter proposes one of my favorite visuals on the essence of noticeable results that bear witness to a leader’s vision of change:

How to Lead Sustainable Change: Vision v Results

This illustration encapsulates why some organizational change initiatives succeed while others never get off the ground or break down after a while. Kotter observes,

Results and vision can be plotted on a matrix that has four dimensions. Poor results and weak vision spell sure trouble for any organization. Good short-term results with a weak vision satisfy many organizations—for a while. A compelling vision that produces few results usually is abandoned. Only good short-term results with an effective, aligned vision offer a high probability of sustained success.

Idea for Impact: The only way a leader can produce a well-paced, sustainable, and transformational change is by mobilizing the people around her to appreciate the benefits for them in her vision of the desired future. Ongoing results oblige visibility into progress and will catalyze the organization’s commitments.

Read Kotter’s Leading Change (1996,) an influential missive on change management.

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Direction + Autonomy = Engagement

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Direction + Autonomy = Employee Engagement The best way to achieve results as a manager is to give your team clear objectives and then allow them to approach the tasks in whatever manner that makes sense. You can suggest deadlines, schedule check-in appointments, and make yourself available for questions. People tend to take more pride in their work when they aren’t micro-managed. Delegate results when you can and interfere only when you must.

Observe the strengths and weaknesses of each employee and assign tasks based on what will allow each individual to thrive. When employees feel invested in a task, whether because they volunteered for it or because it employs their strengths, they are more likely to take ownership of their work and excel on the project. Have faith in your employees’ ingenuity and give them much latitude in how they do things.

Idea for Impact: Often, the most potent motivator for employees isn’t money—it’s the opportunity to learn, expand responsibilities, contribute and gain appreciation, and be recognized for achievements.

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Learning from Bad Managers

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Learning from Bad Managers It’s always nice to have great bosses who’ll teach you many things the easy way. However, you’ll have a boss who’s bad for you at some stage in your career. Bad bosses come in all forms: tyrants, abrasive, unprincipled, insensitive, indecisive, inconsistent, unfair, uncaring, arrogant, insensitive, quick-tempered, manipulative, apathetic, and so on.

If you’re perceptive, you can learn more from these bad examples than you’ll from the great bosses you’ll work for. Remember the axiom: “No one is totally worthless; you can always serve as a bad example.”

When you have a bad boss, ask yourself, what things about this boss will you commit to never doing? Make a list and refer to it occasionally. Avoiding doing these things will help you be a better boss—and be a positive role model for others.

Idea for Impact: Bad bosses can become useful teachers precisely because they provide some of the best lessons in what not to do that you’ll ever be offered. Take it upon yourself to never be like your bad boss.

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