Ray Rice Case: 4 Factors to Consider When Firing for Misconduct
Black Enterprise Magazine July/August 2018 Issue

Ray Rice, seen with wife, Janay Palmer (Image: Instagram)

The Baltimore Ravens terminated their employee, Ray Rice, after a video documented him punching his then bride-to-be, Janay Palmer, unconscious. The NFL followed suit and suspended him “indefinitely.” The 24-hour news cycle is packed with opinions, but the focus here is whether an employee can be terminated for offsite misconduct and if yes, under what circumstances? Here, Rice was under a contract with the team and the NFL. They cited the “morality clause” violation as the basis for releasing him. Many commentators believe that this was a “too little, too late” action which may tarnish the league’s brand.

What about your employees? If you learned that a valued employee violated the law or did something unethical outside of work, how would you approach it? Here are 4 things to consider:

1. Understand The “At-Will” Employee Rule And Its Exception. Generally, employees are “at will” and can be fired for any reason or no reason at all. Title VII of the Civil Rights Act provides the exception to this rule–an employer may not terminate employees because they are members of a protected class (i.e. race, gender, sexual orientation, age). Here, the issue is whether you can terminate someone for cause that is unrelated to his or her work related performance.

2. Address Your Morality Policies In Your Employment Manual. Even though an employee may be “at-will”, it is always recommended that an employer explicitly document its workplace policies in writing to preclude a wrongful termination claim. Though non-binding, employment manuals set the policies and procedures by which you run your business. The manual outlines the conditions of employment. Thus, if you want to state that an employee must comply with local, state and federal laws, both on and offsite, write that in your handbook. If you want to have a zero-tolerance policy against domestic violence, again, “make it plain” in your manual.

3. The Misconduct Must Not Interfere with the Public’s Trust In the Company. The reputation of a business is its lifeline. Clearly, customers patronize businesses they trust and with whom they share values. If an employee does something that violates those implied values, customers may no longer support the business.

4. Employers Must Handle the Investigation Thoroughly, Yet Swiftly. The way the NFL handled the incident was problematic, at best. The Ravens and NFL knew or should have known about both the incident and the evidence. Yet, it took nearly eight months to appropriately punish their employee. That conduct dealt a blow of its own to the league. By dragging their feet and letting TMZ lead the investigation, the NFL lost credibility as an organization in the public’s eye. It was a clear lesson on how not to handle a sensitive personnel matter.

Employment matters are always sensitive, serious and filled with difficult (and often competing) factors. Companies are viewed as leaders in their community and the country at large. It is important for them to balance their need to be profitable with their ability to care about the lives of those in the community that they serve.

Nicole Cober, Esq. is a partner at Cober Johnson, a law firm focusing on trademarks, brand licensing and small biz consulting. She is a former small business owner of the award-winning chain, Soul … Day Spa and Salon. She is also a legal consultant for Washington D.C.’s NewsChannel 8. Follow her on Twitter @CoberJohnson and like her on FB @CoberJohnson. Visit her website at www.coberjohnson.com.

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As a trailblazer in the small business community for nearly a decade, Nicole Cober is an advocate for the small business community. For eight years, Ms. Cober owned and operated a day spa and hair salon chain that served as a revitalization catalyst in a developing area of the nation's capital. During that time, she received national media coverage regarding small business management and entrepreneurism in various publications such as People, Essence, Allure, Entrepreneur, The Washingtonian, The Washington Post, Upscale and Black Enterprise. Ms. Cober was also featured on the CBS Morning News, BET and the reality show, "Ambush Makeover." The salon and spa received recognition by the Washington City Paper as "The Best Stylist" and "Best Spa" and Ms. Cober's commitment to the community was on display annually when she used her business for philanthropy by provided complementary services to Rachael's Women's Shelter. Ms. Cober blends both her legal and business skills together to offer a uniquely powerful list of services for clients. Affectionately known as "The Lawyer-preneur," she now seeks to empower start-ups and local small businesses with by creating effective business, branding and growth strategies. Ms. Cober is a graduate of the University of California, Berkeley as well as Howard University School of Law. She was a judicial law clerk for the Chief Judge of the DC Court of Appeals and worked for a number of years at Dickstein Shapiro as a litigation attorney, specializing in employment and insurance coverage law. Currently, she is a regular contributor to Black Enterprise and Citibank's Women and Co. as well as a legal consultant for NewsChannel 8 WJLA. Ms. Cober is also a public speaker, coach, a contributor to Pulse Magazine, a publication devoted to international spa management, and soon to be author who will publish a book later this year titled “CEO of My Soul”, which chronicles the do's and dont's of her early days as an entrepreneur. Follow her on twitter @CoberJohnson


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