Witnessing an employee ascend to reality TV stardom can be thrilling for a corporation or law firm, yet such publicity may also usher in some unexpected problems, as highlighted by William Grob and Andy Levin, of legal firm Ogletree Deakins. Their recent analysis examines the potential repercussions of employees appearing on reality television, as well as the rights and obligations of their employers.
From cooking challenges to dating shows, reality television spans a vast array of genres. Yet regardless of the format, the actions of the participants or their portrayal by the show’s producers could impact their employer’s reputation. Luckily, employers in most US states have considerable leeway in managing an employee’s request to take leave for a reality show, or in reacting to any misconduct while on the programme.
An employee is typically likely to ask for permission to appear on a reality show. The bright side for employers is that such leave is unlikely to be classified as legally mandated federal or state protected leave. This translates to employers generally not being obliged to approve the request.
Certain employers might perceive an advantage in having an employee showcased on a reality programme and could allow the person to take paid time off or unpaid leave for participation. However, for those employees who take leave to film without notifying their employer, the employer is generally free to terminate their employment on the grounds of absenteeism or job abandonment. This is largely due to the at-will employment regulations in almost all US states, which allow employers to terminate an employee at any time for any lawful reason.
Several states, including California, Colorado, and New York, present slightly more restrictions to employers. These regions prohibit employers from taking adverse actions against an employee for engaging in lawful off-duty conduct. Consequently, employers garnered with requests for reality TV appearances must approach such situations cautiously, ensuring they do not breach any state-specific regulations.
Besides considering regulatory obligations, employers must also assess the potential links between the employee and the company that could be exposed by the reality TV show. For instance, eagle-eyed social media users may track down and disclose the employer of a reality TV star, associating any negative behaviours of the TV star with their employer. In such instances, employers might discuss the exposure of the employee’s professional life on the show, and ask that they limit the presence of any company identifiers or associations.
All these potential challenges emphasize the need for employers to carefully evaluate their course of action when faced with an employee’s request to participate in a reality TV show. While such an opportunity might seem like beneficial publicity at first glance, employers will do well to consider all possible outcomes.