Rich Meneghello, The Daily Record Newswire
The world of human resources, people management and employment law is often mind-numbingly dull. Contract interpretation, policy enforcement, compliance seminars, benefits calculations, peer evaluation processes … it’s enough to put people to sleep sometimes.
But fear not! This month I have collected four odd, interesting stories from around the country to provide a few valuable lessons.
Paranormal activity in the office
Two employees for a county in Montana were reprimanded recently after it was discovered that they had installed in their office hidden cameras that could have spied on co-workers. The employees explained that they were working with the Butte Paranormal Investigative Team in an effort to capture ghosts on video. They decided the best way to go about it was to install a few recording devices in one of the building’s little-used rooms.
Unfortunately, they neglected to tell anyone else, and after no evidence of the supernatural was captured, they forgot to take down the cameras. A few months later a co-worker spotted a camera and reported it, fearful that someone was spying on workers. County managers concluded that no laws were broken and were satisfied that the surveillance was not sinister in nature. Rather than fire the offending videographers, they decided on a strong reprimand.
Lesson: Leave the ghost hunting to the professionals … and keep it out of the office. Employers have the right to monitor public areas of the workplace by video, but it is always advisable (and sometimes legally necessary) to warn employees in writing – and by public signage – that the areas are under video surveillance.
Can someone be fired for being a “brony?”
An anonymous poster to the popular Reddit.com website reported that he had been terminated from his white-collar office job because of his love for the show “My Little Pony.” He and other like-minded adult male fans of the show call themselves Bronies (mashup of the words “bro” and “pony”).
This fellow reported that his boss talked to him about how uncomfortable he was with the worker’s desktop background of Applejack the Pony, and then ultimately fired him after he engaged in a conversation with other co-workers about his love for the Brony culture.
At this time, the worker has not initiated legal proceedings, but that could change any day now.
Lesson: Generally, employers have the right to fire at-will employees for any reason as long as it’s not an illegal one – and Bronies are not considered a protected class (though I’m sure someone in California will start a petition soon).
However, employers need to be careful not to stereotype employees when it comes to preferred gender characteristics and lifestyles. Many lawsuits have been filed by female workers who were told they needed to look more feminine, or male workers who were instructed to stop acting effeminate. If the employer’s termination was based on the fact that the boss thought the man should act more like a man and stop playing with ponies, a lawsuit could find some traction.
“Welcome to the workplace! Here’s your machete.”
Most employers take pains to ensure they provide a safe working environment for their employees. Besides OSHA requirements and legal obligations, employers usually care for the well-being of their workers. This is especially true if the industry has above-average safety concerns, such as construction, sanitation, manufacturing and transportation.
Some employers recognize that employees may need a weapon because of the risk of possible criminal interference, such as law enforcement, security and taxi service. A New York area convenience store solved this problem by arming its workers with a machete kept behind the counter. And when an armed robber entered the store late one night last month, the clerk grabbed the machete and chased off the intruder. Video surveillance shows the clerk chasing the robber through the store parking lot, fleeing without any loot.
Lesson: An employer that relies on a sharp weapon of any kind for security may want to rethink its workplace policies. While it is great to have foresight and think ahead regarding risks and threats that employees might face, a safety policy probably should be more measured and less dependent on a sharpened blade. All workers should be trained on what to do in the face of a security threat (hint: don’t chase someone with a machete). Also, consult safety/security experts if doubts exist.
“Isn’t it ironic? Don’t ya think?”
Finally, the life of a celebrity isn’t always perfect — sometimes even the beautiful people face the same employment troubles that you and I do. Last month, pop singer Alanis Morrissette was served with the jagged little pill of a wage and hour lawsuit filed by her former nanny. The nanny claimed that she was never paid overtime and not allowed to take meal or rest breaks while working 12-hour shifts caring for Alanis’ son for several years, including being forced to stay in the bedroom while the child was napping. The lawsuit seeks to reach into Alanis’ pocket and take more than $100,000 for wages and emotional distress.
Lesson: You oughta know that employees must be paid for all of the overtime they work, and that state laws must be followed when it comes to meals and rest breaks. Plaintiffs’ attorneys love to take these lawsuits because they are notoriously difficult to defend and often very fruitful, so employers should ensure that they have a well-documented policy that is closely followed and monitored by supervisors.
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Rich Meneghello is a partner in the Portland office of Fisher & Phillips LLP, which is dedicated to representing the interests of management. Contact him at or 503-205-8044, or follow him on Twitter – @pdxLaborLawyer.
