Can you fire an employee for off-duty conduct? In most cases, yes. However, it can depend on whether the employee works for a public or private employer. It can also depend on whether the employee is union or non-union. It can also depend on whether you have a written policy that governs off-duty conduct. Finally, it can depend on whether you’re in a state that has a law dealing with this subject. As a general rule–with emphasis on “general”–employers have a fair amount of discretion when it comes to this question.

A recent case from TVland (there’s got to be something in the water at TV stations, channels or networks) provides some guidance on this subject from the state of Delaware. Check out an article from the Delaware Employment Law Letter.