Daniel Johns authored an article about how the rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct. In the context of labor arbitrations, arbitrators often have to determine whether employees can and should be disciplined for misconduct that occurs outside of the workplace. As a general rule, the greater the distance in time and space from the employee's workplace, the more difficult it is for an employer to hold an employee accountable for misconduct in the labor arbitration forum. But what is the workplace in a virtual world? In a virtual workplace, this question becomes much more cloudy and difficult for arbitrators to answer.
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Originally published by Law360
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