Off-the-clock actions can have on-the-job consequences

In a recent Mississippi state law case, an employee was terminated for actions he took outside of work but while using his employer-issued cell phone. The case serves as a reminder that workers’ off-the-clock actions can still have on-the-job consequences. If faced with a similar situation, adhering to and enforcing company policy is key.

Facts

Carl Smith served as a master sergeant with the Mississippi Bureau of Investigations (MBI), a division of the Mississippi Highway Safety Patrol (MHSP), which is a division of the Mississippi Department of Public Safety (MDPS). He was also a major in the Army National Guard.

Smith and his wife Kendyl lived in Mississippi until May 2016, when the Guard detailed him to Arlington, Virginia. Prescription drug-abuse by Kendyl strained the couple’s relationship, and she subsequently moved back to Mississippi. Smith had her followed and discovered several instances of her infidelity with different men.

At the time, Smith had both a state-issued cell phone through the MBI and his personal cell phone with him. He admitted that after learning of Kendyl's infidelity, he called her and sent her multiple angry texts from both his state-issued phone and his personal phone.

Smith also sent an e-mail to Kendyl's family members, which caused her father to contact the MHSP to complain about the harassing text messages and e-mails from his son-in-law. The MBI initiated an investigation.