Some states place limits on what an employer can ask an employee about off-duty behavior. You should avoid trying to find out extremely private information about your employees (e.g., their sex lives), because that might be an illegal intrusion into their private lives. But if you have a really good reason to have the information (e.g., you wants to know whether an employee is doing drugs because the employee's work is suffering), it might be legal.
Can I fire an employee for his off-duty conduct?
Your state might have a law that prevents you from firing an employee for legal off-duty conduct. If your state doesn't have such a law and the employee is an "at-will" employee, you can probably fire the employee for something he did on his free time.
What if my employees are in a union?
If your employees are in a union, the union contract might give them some additional protections against invasion of privacy. For example, the union contract may restrict your right to do drug tests on the employees. You should check with an attorney or look in the union contract to see if there are any privacy protections for your workers.
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