Tag Archives: Employee

Legal Black Hole: Overpaid Employees

It seems at least once every year I have to help advise an individual who has been mistakenly overpaid.  In most circumstance, the individual comes to me because they have been notified that their employer is going to unilaterally begin garnishing their paycheck to make up for the overpayment.  For some individuals, the amount removed from the check is small enough not to have much impact but for many public school employees the loss (which sometimes represents years of overpayment by the employer) can place the individual into a very precarious financial position.  This is particularly true in Missouri which has the 9th lowest average teacher salary in the nation. Continue reading

Advertisements

Leave a comment

Filed under Resources, Uncategorized

Costco Sex Harassment Lawsuit May Have Lessons for Missouri Teachers

Almost exclusively, claims of sexual harassment are brought against coworkers or supervisors.  So what is an individual to do when the harasser falls outside of one of these two groups?  The Equal Employment Opportunity Commission (EEOC) recently brought suit against Costco in just such a situation and the case may also provide guidance for teachers as well.  Hit the jump for all the details… Continue reading

Leave a comment

Filed under Discrimination, Uncategorized

Social Media Burns Employees… and Employers

Social media has spread through society so quickly and thoroughly that it has created difficulties for a wide range of individuals.  For employees, individuals must deal with the fact that private activities that only affected a few individuals can now be spread across the internet for all of the public, including their employers.  For courts, judges must wrestle with fitting 21st century technology into an 18th century legal system with 20th century laws.  For employers, new ways to monitor employees blur the lines between work and home and provide temptations for potentially discriminatory behavior.

The dangers to employees and employers are typified in two recent cases.  In the first, an employee finds that she may not have been as serious as she thought when she posted on Facebook “FIRE ME . . . make my day. . . .” See Tasker Healthcare Group, d/b/a Skinsmart Dermatology, NLRB Div. of Advice, No. 4-CA-94222 (May 8, 2013) (thanks to Employment Law Matters, among others, for pointing this memo out).  In the second case, an employer learned that even though it didn’t like what an employee posted, acting on it could be illegal.  See Deneau v. Orkin, No. 11-00455-B (S.D. Ala. May 20, 2013) (thanks to the Ohio Employer’s Law Blog for pointing this case out).

Hit the jump for all the double-edged-sword goodness… Continue reading

1 Comment

Filed under First Amendment, Social Media, Uncategorized