© 2014 Baird Holm LLP Occupational Health Services Lunch & Learn Series Help Us Help You: Workplace Investigations Workshop Kelli P. Lieurance

© 2014 Baird Holm LLP Case Study (Handout): Offsite Behavior Harassment Awareness: Offsite Behavior

© 2014 Baird Holm LLP Harassment Awareness: Offsite Behavior 1.“What happens off the clock is none of our business” = EPIC FAIL! 2.“But we can’t manage coworker interactions outside the office!” 3.When does offsite activity matter to an employer? There are two rules of thumb: First rule of thumb – Offsite activity matters to an employer when an employee brings it to the employer’s attention and/or when it substantively impacts the employer’s workplace. 4.Balancing test – Will you do more good than harm by investigating offsite activity?

© 2014 Baird Holm LLP Case Study (Handout): Social Media Harassment Awareness: Social Media

© 2014 Baird Holm LLP 1.Why are employers so concerned about social media? 2.What employment laws govern how employers manage social media issues? 3.When does offsite activity matter to an employer? There are two rules of thumb: Second rule of thumb – Offsite activity matters to an employer when that activity is objectively offensive and/or inconsistent with the employer’s policies. 4.Balancing test – Will you do more good than harm by investigating offsite activity? Harassment Awareness: Social Media

© 2014 Baird Holm LLP Questions? Kelli Lieurance (402)