Bad Idea Jeans – Take Three

I am not making this up – and from our state to boot.  The Milwaukee Journal Sentinel is reporting:

A Beaver Dam Middle School teacher is on administrative leave after school officials discovered a photo of her with a gun on Facebook.

In the photo, Betsy Ramsdale was training a rifle at the camera.

In an e-mail to WKOW-TV in Madison, Ramsdale said she removed the photo immediately and that she is not “interested in any controversy.”

Schools superintendent Donald Childs says a concerned staff member brought the photo to the district’s attention.

Childs says the use of the photo “appears to be poor judgment” and is unaware of any sinister intent.

So here’s the question to you, my mere blogsters, would  you fire this teacher or give her a second chance?  Is your reason a legal one, policy one, or moral (this story combines two of my great loves – employment law and education law).

Also, just another story about the increasing role Facebook is playing in the lives of people of all ages.

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Ledbetter Bill Revived and on Fast Track

Capitoldome
I have written numerous times about the need for a Ledbetter bill to overturn the Supreme Court decision in the Ledbetter case concerning the statute of limitations for pay discrimination cases.  Recall that the Court ruled that pay discrimination cases are treated as discrete act of discrimination cases and that a claim must be filed within the 180/300 day statute of limitations from the day the employee receives their paycheck.  This is an absurd situation as many times employees do not know of a discriminatory pattern until there have been numerous pay periods with discriminatory pay decisions.

Now comes word that as early as today, Congress will have hearings on the passage of a Ledbetter Fair Pay Bill which will allow more flexibility for such pay discrimination claims. More specifically, the
Ledbetter Fair Pay Act legislation would amend all of the employment discrimination law to provide that in effect only one discriminatory pay check with have to fall into the statutory period for such claims – much like sexual harassment claims under the Morgan case.

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Firing by Facebook

Facebook Although just bad practice in the United States, Minna Kotkin (Brooklyn) brings to my attention a case in Canada where the cavalier nature of a firing may lead to bad faith damages being awarded against the offending employer.

Carolyn Elefant of Legal Blog Watch Blog reports:

These days, Facebook isn’t just a go-to social media application. The Web site’s ubiquitous role in everyday life is also transforming it into a conduit for lawsuits. A few weeks back, I posed about the Australian court that allowed lawyers to serve a couple with lawsuit papers via Facebook. Now, the Calgary Herald reports that a Canadian spa used Facebook to fire an an employee, esthetician Crystal Bell.

Is it illlegal for an employer to fire a worker via Facebook, or just imprudent? Here in the United States where employment is entirely at will, there aren’t any laws, at least as far as I’m aware, that would protect an employee from being fired on Facebook. However, the Supreme Court of Canada, in a 1997 ruling known as the Wallace decision, set out how a firing, if done in a cavalier way, can result in “bad faith”damages in addition to normal severance pay. However, the ruling does not address the issue of whether being fired electronically equates with bad faith. Moreover, at least one lawyer whom Bell contacted advised that she didn’t have much of a case — she’d only been at the spa for two weeks.

Putting aside the merits of this specific case, the cause of action that comes to mind for me is the tort of intentional infliction of emotional distress, since the focus is the manner in which the employee has been fired. Yet, I am not convinced that Facebook firings, which are certainly in bad taste and demonstrate a lack of tact, would probably not meet the standard of extreme outrageousness, which would require the action taken be: “utterly intolerable in a civilized society.”

Indeed, the ubiquity of Facebook and the amount of communications taking place over it might make such electronic terminations seem more conventional than outrageous.

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