$2 million moon not worth the price

Posted by Al Lewis on September 12, 2012
Courts

Would moon your boss if you knew it might cost you $2 million?

Probably not.

When analyst Jason Selch decided to moon his higher ups at Bank of America, he figured he could be fired, but he didn’t think his employer would deny him the $2 million in defered compensation. The expression was intended to convey his disgust at top management for letting go of his long-time friend and colleague.

But not only did  Bank of America withhold his money, but a Cook County, Illinois, appellate court recently ruled in favor  of its decision to do so. The court found Mr. Selch’s action “egregious” and said it basically nullified his employment contract.

Of course, a lot of passionate behavior in the workplace might be defined as “egregious,” from profanity to flipping the bird. Emotions often run high in a merger-rattled workplace.  Does it mean a company can withhold compensation? Under this ruling, it can.

“This decision puts every employee at risk for losing their contractual rights if they misbehave in the office,” Mr. Selch said. “It sends the signal that corporate America is much stronger than we expect, and that we better be very careful as employees.”

Click here to read my column on Marketwatch.