by Amanda McCollum of Adams Keegan, Board Secretary, Tennessee Nonprofit Network
As an HR professional, I’ve seen a shift in the “unhinged employee” scenarios I so often get called to mediate. In years past, people behaved badly at work. The infractions were often clear, and the consequences weren’t too surprising. Over the past few years, I’ve advised on many more scenarios in which employees participate in off-duty conduct that has workplace implications.
We live in an age where personal priorities of all varieties are displayed, celebrated, or (often) argued in tweets, T-shirts, tattoos, posts, reels, and memes. People have more opportunities than ever to show support for or opposition to people, topics, agendas, or organizations.
Where this becomes complicated, and, oh, it is complicated, is when well-meaning, passionate employees display their personal priorities in a way that has a detrimental impact on their employer.
But, HR lady, “Don’t my rights under the First Amendment allow me to say whatever I want, especially when I’m not at work or doing anything that directly reflects my work?”
Ummm… no. Well, kind of.
Yes, one of the great perks of these United States is leaning on your First Amendment right to say, write, or symbolize your thoughts or beliefs however and whenever you want. BUT — and this is a Sir Mix-a-Lot-esque “big” but — just because you have the freedom to say something doesn’t mean it won’t have consequences that could be detrimental to your career, your ability to remain employed, or your reputation within the community you serve.
When off-duty conduct becomes complicated, or detrimental, is when the consequences of those actions impact your organization (or have the ability to). This can involve actual “bad” behavior committed by employees while off duty, but it can also be a well-intentioned day off gone awry.
For example, most nonprofit employees have been conditioned to understand importance of being nonpartisan within their role at the nonprofit. But, do they understand that if they attend a political activity outside of work while still wearing their nonprofit T-shirt or hat, their very presence could be misconstrued as their nonprofit organization backing a political candidate? Using your work email to fundraise for a political candidate? Oops.
What about a scenario in which a local business that just happens to be a major corporate sponsor of your nonprofit has a public scandal erupt? (Again, thanks to the fast-acting magic of online media, everyone knows about it and has big feelings.) How would it impact your nonprofit if your staff went to protest outside the business and ended up on the local news holding provocative signs? Oops.
If your employee has a temper tantrum at a drive-thru window and throws a drink at a worker, that is obviously bad behavior, but probably wouldn’t be a career-ender. But if that behavior were recorded and started trending on TikTok, it could easily impact the individual’s job. What if this is an employee who has heavy community involvement? What if this is an employee responsible for providing a safe environment for at-risk youth? Oops.
Off-duty conduct matters, and off-duty conduct that is memorialized online is especially risky. I tell my teenage son, “I don’t expect you to be perfect. You are going to screw up and make mistakes… we all do. But for the love of all that is good, don’t take photos or make videos of yourself making bad decisions. Those don’t go away.”
From an HR standpoint, the best approach to this complicated issue is a proactive one: letting employees know on the front end how and why their off duty conduct matters. This isn’t a fear-based discussion. This is a culture-based discussion. Your employees should buy into your mission so deeply that they understand off-duty conduct that is detrimental to your mission simply isn’t worth it.
Give employees practical examples of how off-duty conduct could impact them or your entire organization. Make sure they understand the importance of not speaking or acting on behalf of your organization unless authorized to do so. Make sure you have clear policies in place (HR people like myself LOVE policies) that explain confidentiality, conduct expectations, and consequences.
In a world where anything can become public in seconds, employees should understand that off-duty conduct may be personal, but its consequences rarely stay private.