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Case Study 3 DISCHARGED FOR OFF-DUTY BEHAVIOUR The following case illustrates the off-duty privacy claim of an employee and management's right to uphold the reputation of the company. Before his termination on Monday, May 6, 2017, John Hilliard worked as a senior sales representative for Advanced Educational Materials (AEM), a nonunionized firm that provides high- quality educational books and supplies to junior and senior high schools. During his 12 years of employment, John was recognized as an outstanding employee with close working relationships with the schools he served. His sales record was excellent. John's discharge resulted from what AEM claimed was a serious breach of its code of conduct for employees. On Saturday, May 4, 2017, due to a chance meeting between John and his manager, Jean Ellison, John was observed leaving an adult video store carrying what his manager described as pornographic magazines and an X-rated video. The following Monday, Jean discussed the incident with AEM's vice president for sales and a representative from HR. All agreed that John's off-duty behaviour constituted a serious violation of the company's code of conduct for employees, which read, in part, "Employee off-duty behaviour in no way should reflect unfavourably upon the company, its employees, or sales of any educational materials." AEM has traditionally held its sales representatives to high moral standards because the company sells extensively to public school administrators and teachers. At his discharge meeting, John vigorously opposed his firing. Although he acknowledged making the purchases, he argued strongly that what he did on his personal time was "no business of the company's" and his behaviour in no way reflected unfavourably upon AEM or the sales of its products. Besides, he said, "The purchases were made as jokes for a stag party