Should You Include a Morality Clause in Your Employment Agreements?

In every employment position, morals and ethics matter. We want employees who have morals and ethics. But in some positions, morals and ethics make an even bigger difference, because there is some degree of public scrutiny, or the employee or employer may be in the public eye, and when that employee is a representative of your business, you may want to ensure that he or she isn’t doing something that the general public would consider to be immoral.

The Use of Morality Clauses

You can require potential employees or contractors to sign morality clauses.

These are agreements where the employee agrees that he or she will not do anything that would be considered immoral, or which would tarnish the company’s good name with the general public.

Morality clauses can include restrictions on illegal things—for example, saying that the employee is not allowed to get a DUI, or if the employee is arrested or charged with domestic violence, that he or she can be punished or fired.

But morality clauses can go even further—for example, restricting an employee from appearing on social media wearing a bikini, or from posting pictures of him or herself drunk, or from even cursing in public—things that, by themselves, aren’t illegal, and maybe aren’t even immoral to some people, but which just “don’t look good for the company image.”

There can be reverse moral clauses as well—this is where the employee or contractor wants to be able to get out of their association with your company, if you or your business were to do something immoral, or unethical.

How Specific?

Morality clauses can be vague, or very specific.

If they are vague, that may help you as an employer, because it gives you a lot of leeway to get rid of an employee who does something you consider to be immoral. But if it is vague, you open the door to litigation and legal challenges from a punished employee, as to what is moral or immoral.

Your morality clause can be very specific, explicitly listing the things that are considered to be immoral, and thus, which subject the employee to firing or discipline. But the problem there is the opposite—the employee must do one of the specifically listed things to be punished, otherwise, you may have limited authority to punish the employee.

How Far Should it Go?

Morality clauses need to be considered in context to what services are being provided.

If you’re trying to reach a younger audience on TikTok and you hire an influencer, the morals may be “looser,” or at least less restrictive, given that you are trying to appeal to a younger, and perhaps less morally or ethically inclined audience.

Ultimately morality clauses can cause legal issues, because everybody’s morals are different, and may even be influenced by political, socioeconomic, or other demographics, which may have different viewpoints on what is “moral” and what is not—but if you want to protect you or your company’s image, you can consider including a morality clause.

The West Palm Beach commercial litigation attorneys at Pike & Lustig are prepared to help you with your employment and business contracts, and guide you as to what to include or exclude in them.

Source:

law.usnews.com/law-firms/advice/articles/what-is-a-morality-clause