The Appellate Division’s unpublished opinion in Williams v The MLB Network provides a lesson in the scope of the Conscientious Employee Protection Act (CEPA) and the extent to which employers may control the conduct of employees outside of the workplace.

The case arose out of alleged conduct by former professional major league pitcher Mitch “the Wild Thing” Williams, including the use of profanity, while coaching his son’s tournament baseball game. As a result of the media reports relating to Williams’ conduct leading to his ejection from the game and his reaction to the ejection, MLB Network sought a modification of his employment agreement which, among other things, would have required Williams not to attend youth sporting events and not to use social media without network approval of the contents. Williams refused, and he was terminated for alleged violation of the “morals clause” of his existing contract.