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Often times I write about examples in professional sports of day-to-day employment issues. Athletes, their teams, and their leagues are no different than typical employees/employers in their actions and an athlete’s conduct is magnified by the ever looming sports media. To compound the situation, the employees (athletes) are highly paid, very young, and often have

                    

When you are courting that new employee, frequently you will present him or her with a rather lengthy employee agreement that contains all the bells and whistles.  Obviously this includes the standard pay/benefit information and maybe some post-employment covenants like a non-compete or non-solicit.  

Often times within the recitals there will also be

Though the sources are a little sketchy, it appears the Dallas Independent School District Spanish teacher that appeared in some Playboy pictures has been fired.  Details of the basis of the firing are not available but some have taken to social media in support of the teacher.  It remains to be seen whether the

My friend Jon Hyman has a great discussion over on his Ohio Employer’s Law Blog about the firing of an employee over appearing in Playboy.  The employee claimed the employer gave her permission to do so, but she was fired anyway.

Here in Dallas, we have a situation where a newly hired school teacher appeared in a Playboy website prior to being hired.  Shockingly, word made it around the school and school district about her appearance.  Now the school district is  left in a quandary about what to do.

Nothing illegal happened, but some have raised the issue of whether her appearance violates the Educators’ Code of Ethics which states: "The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state."  Apparently the school district is considering the issue now and the story is going viral.

Now the pictures were taken two and half years ago, well before she was hired.  She teaches in a high school and apparently the internet savvy youth of the school have found the pictures.  So the pictures are going to follow her around forever and the media attention will simply exacerbate the situation.

If this wasn’t a school it might not be as dicey an issue, but it remains to be seen whether the district has the right to fire her.  My guess (without seeing her contract) is that it probably can find some basis somewhere.  If this were a private employer in Texas there could be a free speech claim but because we are an "at will" state, the employer could probably fire her.  

Employers generally don’t want to get into regulating their employees’ lives with good reason.  Here you wonder what the teacher’s thought process was with respect to the pictures and being a teacher? My guess, there wasn’t one.  Nevertheless it wasn’t the best judgment.  We’ll see what the school district does.


Continue Reading Employees Posing For Playboy – What to do?

Last week we talked about the employment issues arising from Edward Snowden’s leaks about NSA surveillance programs.  Snowden was once again in the news as he attempts to find political asylum to whomever will take him.  Not surprisingly he has enlisted the help of Wikileaks and Ecuador appears to be the target. This is

                                     

The recent controversy surrounding the NSA’s surveillance programs came to head over the last few weeks when a government contractor named Edward Snowden leaked classified information to a number of media sources. Snowden was an employee

Yesterday I had the opportunity to present a webinar through hr.com entitled "Protecting Your Company from the Departing Employee".  If you would like to actually view the webinar follow this link.

One of the issues that we discussed are employment policies that restrict the use of personal storage devices, like a jump drive