#extraordinaryemployeemisconduct

In our occasional series of outrageous workplace conduct, the marked increase in remote work during the pandemic has created interesting opportunities for employees to engage in some poorly-considered multi-tasking. One that caught some media attention recently involved a Maryland state legislator who attended several legislative voting sessions remotely (that’s fine – everyone did), from an operating room (um… ok? Not really…), during an actual operation (yikes!), in which she was actually performing major surgery! (You can insert your own reaction here. Mine was NSFW).
Continue Reading Extraordinary Workplace Misconduct: Multitasking … While Performing Surgery

It’s not surprising that employers don’t approve of employees “shredding the gnar”* when they’re supposedly unable to work because of a serious medical condition. And that’s exactly what happened in Botelho v. Mayorkas, where a former Behavior Detection Officer for the TSA who worked at the Honolulu International Airport was fired for Family and Medical Leave Act abuse after his employer discovered that he was making snowboarding movies while apparently using FMLA to take an extended vacation.
Continue Reading Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?

Here’s another installment in our occasional series on the I-can’t-believe-they-did-that actions of employees. Now, I know that there’s a more common term for these types of pictures of a guy’s personal junk, but one of my law partners (let’s call her “Lulu,” shall we?) insisted that I not use it. Even with asterisks. So … let’s see what lessons we can draw from this situation, shall we? Beyond the obvious, of course.
Continue Reading Extraordinary Employee Misconduct: No Pics of Your Privates at Work!

So said a federal court in tossing an employee’s rather cheeky claims of interference with her rights under the Family and Medical Leave Act, as well as retaliation for taking FMLA leave, when she was fired after taking a trip to Thailand – for which she had previously requested time off and was denied – while on FMLA leave.
Continue Reading “Taking a Trip Is Not Protected Activity Under the FMLA”

I was distracted from all things COVID by a judge in New York who defended his use of the “C” word to describe a female attorney with the explanation that he meant it as a compliment! Let’s pause for a moment, shall we? That level of twisted logic defies all rational thought. Particularly from a judge – someone we generally (and reasonably) expect to exhibit and promote appropriate behaviors (which includes not being sexist. Just saying.)
Continue Reading Let’s Be Clear – The “C” Word Is Not a Compliment

In my occasional series on the crazy things that employees do, here’s one that, in reality, is probably not all that uncommon. Many people use their personal cell phones for work. And as a matter of habit, they may plug their cell phones into their work computer – maybe to sync it or charge it. But what they aren’t thinking about is that the work computer backs up the content on the phone. All. Of. It. (Unless the employee is technically savvy enough to back up only portions of it. Let’s be frank – most people aren’t that savvy.)
Continue Reading Extraordinary Employee Misconduct: Saving Nude Pictures to Work Computer!

In my occasional series on extraordinary employee misconduct, I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on another female motorist after arresting her! I mean, I know the dating scene can be rough, but this really does not seem like a good dating approach.
Continue Reading Extraordinary Employee Misconduct: Hitting on Arrestees!