In recent years, we’ve seen everyone from company CEOs to intellectual leaders to mid-level employees become embroiled in some type of scandal due to bad behavior. Whether it’s an executive caught up in a sex scandal or someone down the corporate ladder saying or doing something inappropriate on social media, it can affect a company’s reputation and bottom line.
Someone doesn’t have to be recognizable to harm an employer with their words or actions. It doesn’t take long for internet sleuths to track down the employer of someone caught on cellphone in a racist rant or other action widely regarded to be highly offensive. It’s important for employers to be able to cut ties with people as soon as possible without fearing legal consequences.
That’s where morality clauses can help. While these have been relatively common for celebrities and high-level business executives for many years, they have become an increasingly common part of other employee contracts.
Crafting an enforceable morality clause
A morality (or morals) clause needs to be written in such a way that it clearly spells out what kind of actions can be cause for dismissal. It shouldn’t be so specific that there are loopholes or so vague that it’s meaningless.
They aren’t meant to police how a person lives their life in private. They typically reference immoral or unethical behavior that causes reputational and financial harm to their employer. A morality clause may mention things like public hate speech (including writings), illegal activity and even disparagement of the employer.
At a time when news can travel around the world in minutes, it’s critical for employers to be able to do damage control as effectively as possible. Having experienced legal guidance is crucial in crafting and, when necessary, enforcing a morality clause.