Because social media users continue to post videos of people behaving badly, the most recent issue for companies is employee off-duty conduct that is no longer secret.

Recently, Sonoco dismissed an employee after a video surfaced of him berating an African-American woman at a neighborhood pool. After the video went viral, the company said it will not accept discriminatory behavior inside or outside of work. Reports of businesses disciplining or terminating their employees for outside-the-workplace conduct, particularly after it is posted on social media, are becoming increasingly common. In-house counsel at private companies are now being asked to weigh in on the repercussions of such conduct, including pressure from the public to take action. What can they advise the company to do when inappropriate employee behavior takes place outside the workplace?