Why and How to Legally Monitor Off-Duty Conduct

Presented by: 

Mike Coffey, SPHR, SHRM-SCP

Don’t get caught flat-footed when an employee gets caught red-handed!

Employees’ off-duty conduct is often relevant to their on-duty responsibilities. Even minor criminal behavior or traffic infractions may be advance warning that an employee’s decision-making, safety awareness, or credibility may be compromised, making the individual an “insider threat.”

Ignoring such insider threats can damage an employer’s ability to mitigate liability if an employee commits an unsafe or criminal act in the course of their employment. 

At the same time, many employers are hesitant to delve unnecessarily into their employees’ personal lives or are uncertain as to how to respond when an employee is arrested.

In this presentation, Mike Coffey, SPHR, will review the kinds of insider threats about which employers may need to be aware. He will also review policy considerations to ensure that red-flag incidents are identified and evaluated fairly. These considerations include employee self-reporting of certain incidents, periodic background checks, evaluating job-specific risks suggested by incidents, and appropriate responses to job-relevant incidents.

The learner will understand:

1.       The kinds of off-duty employee conduct that may affect a business’ operations.

2.       The laws governing employers’ consideration of off-duty conduct.

3.       The elements of an incident self-reporting policy.

4.       The legal and practical considerations concerning periodic background checks.

5.       How to investigate suggestions of red-flag off-duty conduct.

6.       How to evaluate off-duty conduct against a position’s risk profile.

7.       How to fairly and compassionately respond to job-relevant off-duty conduct.

BIO:

Twenty years ago, Mike Coffey was an HR manager frustrated by the low quality and poor customer service he was receiving from his company’s background screening partner. In order to better manage that relationship, Mike became an expert in background checks from the HR side of the desk.

In 1999, that expertise led to the creation of Imperative, a premium background investigations firm delivering fast and friendly service.

Mike has also been involved in retail and property management startups and consults with small businesses about people and process issues.

Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).

Mike serves as the newly-created Director for Business and Education Initiatives for Texas SHRM and is a past-president of the Fort Worth Human Resource Management Association.

He is also a board member for the Texas Association of Business, which is Texas’ state chamber of commerce.

Mike lives in Fort Worth with his very patient wife and three sons. He maintains his sanity by practicing yoga and improv comedy, often unintentionally at the same time.

SHRM PDCs and HRCI credits pending 

Amarillo Botanical Gardens

1400 Streit Drive

Amarillo, TX 79106