Broutman: How your private behavior can impact your job
Baltimore Ravens running back Ray Rice, right, runs past Carolina Panthers strong safety Mike Mitchell during the first half of a preseason game in Baltimore. (Aug. 22, 2013) Credit: AP
Nothing excuses the disgusting act of violence NFL player Ray Rice perpetrated on his then-fiancée, Janay, and warrants some discussion on misinformation from news and sports commentators about how an employer can or should handle these situations.
Some of the misconceptions:
"What he did is private conduct and has nothing to do with his job; what right does the NFL have to suspend him?"
"The NFL already suspended him once, how can it suspend him again; isn't that double jeopardy?"
"So many other players have committed domestic violence or worse, and they are still playing. Isn't it discrimination to treat Ray Rice differently?"
Don't let the commentators confuse you. Take a step back, and look at the law:
1. The vast majority of workers are considered "employees-at-will." As such, an employer can terminate you at any time for almost any reason. The cause can be as serious as domestic violence or as trivial as the fact that a boss doesn't like what an employee wore to work. Many people believe an employee must commit a serious infraction before an employer can take action. That's simply not true.
The seemingly arbitrary firing appears unfair, but there is a reason: Being an employee-at-will allows anyone to quit at any time for any reason. Undoubtedly, many people would not be thrilled by a legal concept that mandates they remain with an employer no matter how much they dislike the job, or if a better opportunity came along. The law is so structured to allow for flexibility in the workforce, both for employers and employees.
Of course, there are laws that protect employees against being fired for reasons we would consider wrong and harmful to society. For instance, employers are prevented from terminating employees for discriminatory reasons, based upon your race, religion, gender, or other status in a protected group. Also, there are laws that protect whistle-blowers where the employer's actions create a public safety hazard.
2. If an employee has a contract, the employer must abide by the terms of the contract, which often limit circumstances under which the employee can be fired.
3. Most important to the Rice case is the implication for employees under a collective bargaining agreement in which the union and management have agreed to disciplinary conditions. The NFL has such a collective bargaining agreement with Rice, who played for the Baltimore Ravens until the NFL suspended him indefinitely. Given the league's track record with these situations, I expect the union to challenge Rice's suspension. An independent arbitrator would then evaluate the situation and determine whether the suspension is fair.
From an employment perspective, the take away from the Rice case is that as long as the NFL acts within the confines of its agreement with the players union it can do whatever it wants. However, the NFL's suspension underscores the debate over public and professional lives. If you are like most us, not under a contract, and not in a union, your job is protected so long as your employer wants to keep you. But then again, that employer only has you as long as you want to stay.
If something better comes along, nothing is stopping you from leaving.
Eric Broutman is an attorney with Abrams Fensterman in Lake Success.
