Off Duty Conduct- after hours activities

[russo550]

Florida? Hi. my now ex fiance has a good job with a marketing firm. Recently he was involved in some shocking conduct after work hours. I was completely unaware: I did find out he has issues and the conduct was going on for a while. He was frequenting a seedy part of Miami for lets just say "madam: services. He was not arrested but a news paper article was run about the problem of prostitution in this area of Miami and his photo appeared within article. His employer did find out and I know he received notification they wish too see him on Monday morning. Can you get fired for this. Can an employer fire an employee for after hours conduct? Is that discrimination. Any advice helpful. Thank-you.

 

[quincy]

Florida? Hi. my now ex fiance has a good job with a marketing firm. Recently he was involved in some shocking conduct after work hours. I was completely unaware: I did find out he has issues and the conduct was going on for a while. He was frequenting a seedy part of Miami for lets just say "madam: services. He was not arrested but a news paper article was run about the problem of prostitution in this area of Miami and his photo appeared within article. His employer did find out and I know he received notification they wish too see him on Monday morning. Can you get fired for this. Can an employer fire an employee for after hours conduct? Is that discrimination. Any advice helpful. Thank-you.

Yes. Someone can get fired for their after hours conduct. It is not discrimination. And it is not all that uncommon.

 

[HighwayMan]

Why do you care?

 

[quincy]

The photo appearing in the article could be problematic if the ex-fiancé was not arrested and charged with a crime.

But any criminal action by an employee is a good reason for the employer to fire the employee. What one does on their own time or what they post online potentially can reflect poorly on their employer.

 

[Just Blue]

Florida? Hi. my now ex fiance has a good job with a marketing firm. Recently he was involved in some shocking conduct after work hours. I was completely unaware: I did find out he has issues and the conduct was going on for a while. He was frequenting a seedy part of Miami for lets just say "madam: services. He was not arrested but a news paper article was run about the problem of prostitution in this area of Miami and his photo appeared within article. His employer did find out and I know he received notification they wish too see him on Monday morning. Can you get fired for this. Can an employer fire an employee for after hours conduct? Is that discrimination. Any advice helpful. Thank-you.

Are you serious? Whore Mongers are not a protected class. I advise you to seek medical attention for STD testing.

 

[Chyvan]

Can an employer fire an employee for after hours conduct?

He could be fired even if his picture wasn't in the newspaper, and the employer just felt like it. You have very few protections from getting fired, and even those are a pain to get enforced. Your only immediate recourse is to file for unemployment so you have money coming in while looking for a new job. Unfortunately in FL, it's not much.

 

[commentator]

Any time you say "Can they do this?" there is a great chance the answer is going to be, yep, afraid so. It will be very likely he would be able to sign up for, and receive unemployment insurance in FL (in the princely amount of something less than $300 a week with a ton of difficulty and complicated hassles (thanks, Gov. Scott!) while he is seeking other employment) but that is about his only legal recourse. Since you are in an at will firing state, the employer can fire him for just about anything, and this is a pretty good "non work related" reason to terminate. However, since it is non work related, there's a good possibility of unemployment insurance eligibility.

 

[cbg]

Just to make sure it's clear, 49 out of 50 states are what commentator has referred to as "at will firing" states, and the 50th follows the at-will doctrine in some circumstances. Yes, if he is fired, it will be a legal firing, and it will not be illegal discrimination as "people who visit prostitutes and get caught" are not a group protected by law. It is quite, quite legal for an employer to "discriminate" against that particular group of people if they choose to.

 

[adjusterjack]

Can you get fired for this. Can an employer fire an employee for after hours conduct? Is that discrimination.

Yes, yes, no.

You can be fired for what you put on your facebook page if the boss doesn't like it.
You can be fired for smoking away from work if your boss doesn't like it.
You can be fired for having a gun in your house if your boss is an anti-gun jerk.
You can be fired for just about anything your boss doesn't like.

 

[Taxing Matters]

You can be fired for what you put on your facebook page if the boss doesn't like it.
You can be fired for smoking away from work if your boss doesn't like it.
You can be fired for having a gun in your house if your boss is an anti-gun jerk.
You can be fired for just about anything your boss doesn't like.

In most states, an employer could legally fire an employee for all of those things, including Florida. But there are a few states in which it would be illegal for the employer to fire an employee for one or more of those things. Thus the reason why the state matters with these kinds of questions.

 

[quincy]

Florida? ... He was not arrested but a news paper article was run about the problem of prostitution in this area of Miami and his photo appeared within article. His employer did find out and I know he received notification they wish too see him on Monday morning. ..

russo550, I don't know if you are still at all friendly with your ex but, if you are, and if your ex's photo appeared in an article on prostitution and your ex was NOT arrested and charged with a crime, you might want to tell your boyfriend to take a copy of the paper to a lawyer in his area for a review - this especially if your boyfriend loses his job due to the news article and photo.

The attorney your boyfriend sees should be well-versed in defamation and false light laws.

I know this was not what your question was about (the answer to the question you asked has already been provided) but I wanted to point out a legal area your boyfriend might want to explore.

This, of course. if you are still speaking to him.