Recently, while attending an event in Miami, New York Jets head coach, Rex Ryan, apparently made an obscene gesture at some Miami Dolphin fans who were taunting him. Ryan was attending the event, which was neither team nor NFL-sponsored, on his own time, but the team obviously felt that as head coach, Ryan is their representative even when he is "off duty" and that he must conduct himself accordingly. The Jets fined Ryan $50,000. I'd love to see the personal contract that permits that!!!!
In the real world, most employees are not celebrities that the general public will try to egg on until they do or say something stupid. Nevertheless, it is important for all of us to remember that the world is now filled with opportunists with camera phones and easy access to YouTube and, er, blogs.
First, employees need to recognize when they are out in public that there is a significant risk that anything that they do or say that either embarrasses or otherwise reflects poorly on their employer ultimately may get back to the employer. On the other hand, employers should exercise restraint before taking disciplinary action against employees for their off duty conduct to make sure that the conduct truly does negatively impact the company's business or reputation.
In another example recently posted on Above the Law, there apparently may be employment risks for posters at Top Law Schools ("TLS"), a message board for gunners planning to apply to law school. This is one of those places online where people talk about what to bring to the LSAT and trumpet their acceptances by various law schools.
Recently, Top Law Schools claimed that test prep company TestMasters is discriminating against its readers. A TLS moderator wrote a post alleging that a reader's application to work as an LSAT instructor for TestMasters was rejected based on his being a frequent TLS poster. The moderator posted the rejection email, which I reproduce in pertinent part:
... Applications are currently at an all-time high, and we do not have the time or resources to interview TTT candidates whose social lives consist of making thousands of posts on internet discussion boards. TestMasters only hires people who are cool, and unfortunately you do not meet that requirement...
This is perhaps another example of internet postings which can have deleterious effects on hiring, which we have all heard about. I suspect that as social media becomes more ubiquitous and everybody begins to have *something* out there that is less than squeaky clean, standards will relax. Like 'casual Fridays', I also predict the legal profession will be one of the last areas to relax those standards.
