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What Happens in Vegas… Might Get You Fired: Off-Duty Conduct
Conduct bears a connection to the workplace and poses a risk to the employer’s reputation, operations, or employee relations
Wilford H. Stone
Sep. 21, 2025 4:30 am
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Remember the saying, “What happens in Las Vegas, stays in Las Vegas”? Unfortunately for some employees—especially those in high-profile or management roles—that’s not always the case. While most off-duty conduct is none of an employer’s business, there’s a critical exception: when that conduct bears a connection to the workplace and poses a risk to the employer’s reputation, operations, or employee relations.
High-Profile Misconduct: It Still Matters Off the Clock
In January 2023, the University of Texas fired Longhorns men’s basketball head coach Chris Beard after his arrest for felony domestic violence following an altercation with his fiancée. She later recanted her claims, but the University moved forward with termination. In doing so, the school’s attorney cited not only the alleged behavior but also Beard’s "lack of perspective" as an independent failure of judgment:
"Your letter this morning reveals that Mr. Beard does not understand the significance of the behavior he knows he engaged in, or the ensuing events that impair his ability to effectively lead our program. This lack of self- 2 awareness is yet another failure of judgment that makes Mr. Beard unfit to serve as a head coach at our university."
A more recent, real-world illustration comes from July 2025. During a Coldplay concert at Gillette Stadium in Massachusetts, Astronomer CEO Andy Byron and the company’s HR head, Kristin Cabot, were shown embracing on the venue’s “kiss cam.”
The moment went viral, sparked speculation and scrutiny, and sparked a full corporate investigation. Both executives were placed on leave pending the investigation’s outcome, and Byron resigned shortly thereafter, followed by Cabot.
Investigate Before You Act
Before taking action, it’s critical that the employer verifies the facts. Reacting to unconfirmed reports or social media chatter can expose the company to legal risk. To the extent possible, employers should:
- Review law enforcement or court records
- Interview witnesses, if available
- Document all findings
Keep in mind:
- The employer’s burden of proof is not “beyond a reasonable doubt,” as in criminal court, but rather the “preponderance of the evidence”— i.e., is it more likely than not that the misconduct occurred?
- Making public or internal accusations that are not substantially true could expose the employer to a defamation claim.
What Are Your Options?
Once the investigation confirms misconduct, the employer generally has two options: impose discipline (such as suspension, demotion, or warning) or terminate the employee. An employer could also ask the employee to resign.
Termination may trigger legal action. While most employees in Iowa are employed “at will” and may be terminated for nearly any reason, that does not mean the employer is immune from lawsuits. An employee might claim:
- Retaliation for engaging in protected activity (e.g., reporting discrimination or filing a workers' compensation claim)
- Unlawful discrimination based on race, sex, age, or other protected category
- Breach of contract or promise of continued employment
- Constructive discharge (where the work environment becomes intolerable)
Hundreds of such claims are filed in Iowa each year. Even when dismissed before trial, these cases cost employers significant time, money, and often public goodwill.
Does a Contract Control?
If the employee has an employment contract, it must be reviewed carefully. Contracts often define “cause” for termination and may set out procedural steps that must be followed before dismissal. Ignoring these requirements can result in a breach of contract lawsuit, regardless of how serious the off-duty conduct may seem.
Conclusion
The takeaway: Not all bad behavior stays in Vegas—or anywhere else off the clock. Off-duty conduct by employees, especially those in leadership, can create significant risk for employers.
When misconduct arises, act deliberately—verify the facts, evaluate the impact, consider your legal 5 obligations, and proceed accordingly. A well-handled response can help protect your organization’s reputation, morale, and bottom line.
Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com.