Many potential clients, friends and some folks I barely know share their knowledge with me about employment law.  Unfortunately, many of them are flat wrong. Here are a few of the more common employment law myths I encounter.

  • At will

“At will” employment means an employee can be fired for anything.” Texas is an at-will

For some years now, some clever scam artists have bilked many otherwise bright and clever lawyers out of hundreds of thousands of dollars.  I myself have received this same email dozens of times.  They always go like this: "Hi, my ex lives in your jurisdiction (note the scammers never actually name your state or city).

There is a story making the rounds of the internet about a man named Dave who ordered some gaming controllers.  He paid for them and expected to receive a pre-order discount.  Ocean Marketing’s Public Relations representative, Paul Christofor, however, had bad news for him.  Paul told Dave via email that he placed an order, the

Yes, emails sent from the workplace almost always belong to the employer.  That still seems to be a shock to many employees.  Look at the story of Chris Gonzalez, grandson of a well-known, former San Antonio Congressman.  See San Antonio Express-News story.  Mr. Gonzalez has reportedly been sending harassing emails to a former girlfriend.

It was bound to happen sooner or later.  A lawsuit has been filed over the employer’s requirement to check email after hours.  More and more employers are issuing Blackberries and their equivalent to employees with the stated or implicit understanding that the employee check email after hours.  Such a requirement runs right into the Fair

 Electronic monitoring in the workplace is still an area of developing law.  It is clear that an employer cannot use bugging devices and phone wiretaps to discourage or monitor union activity.  It is also clear that no one, including employers, can intercept “wire, oral, or electronic communication.”  But, what is  “intercept”?  What does that