Let’s say a family friend saw your nanny at a social event, and they told you your nanny was engaged in questionable behavior (drinking, foul language, etc.). Managing your nanny’s off duty behavior may be a concern. Can you tell your employee how to behave when they’re not on the clock? How much influence do you have?
While employers have the right to regulate employees’ on-duty conduct, they are legally more limited in how much control they can exert when employees are not on duty.
We know issues may arise when employees engage in social activities after hours where they feel they can let loose or otherwise act in a way that is inconsistent with policies when they are working in your home. While an employer can’t regulate what goes on in that setting – in fact, many states protect legal off-duty conduct – you can expect and require that there not be any residual effects that carry over into the workplace. For instance, if a nanny made threatening comments about a certain religious group on their Facebook page, and these comments were seen by you or your child who then felt uncomfortable in the workplace (your home), you would need to address this behavior.
Keep in mind although legally you cannot control your employee’s behavior off the clock, you can ask for discretion in certain areas. Discuss the possibility of issues like this during the interview and early employment process, and lay out clear expectations. Advise your employee to limit who can see their social media activity and reiterate to them that their conduct, even when not on duty, is a reflection both on them and on the family they work for – you! The best thing to do is express your concerns up front. This should help limit problematic behavior when your nanny is off the clock.
For more information, contact us at (518) 348-0400.