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Off-duty dilemmas (courts are hesitant to recognize an employer's right to monitor an employee's activities away from the workplace).

One of the most sensitive issues in the employer-employee relationship is the employer's right to monitor its employees' off-duty conduct. This is not to suggest that employers have carte blanche to control what employees may do in their off-work hours; however in certain circumstances that conduct may negatively impact the employer's business interests, or place persons or property at risk. In those cases, the employer may have a legitimate interest in ensuring that off-duty behavior does not impair the employee's fitness for work.

Most often, this issue arises in the context of an employer's right to conduct substance abuse testing of its employees. As one may ...

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