Neb. sued over alleged illegal overtime directive
Posted: Thursday, September 11, 2008
LINCOLN (AP) -- A former employee in the Nebraska treasurer's office has filed a lawsuit against the state alleging he was directed to illegally create a computer program to prohibit employees from filing for overtime.
Robert Harrison of Lincoln alleges that after he refused -- including directing his protests toward Treasurer Shane Osborn and several managers -- his bosses retaliated by asking him to resign.
He refused to quit and then was transferred to a temporary position filing paperwork, according to the lawsuit filed Wednesday by attorney Kathleen Neary in Lancaster County District Court.
Harrison also refused the transfer, said Neary, who said she believes a jury will find that Harrison was "constructively discharged."
"They rode him out of town," she said.
Harrison alleges the retaliation violates labor laws.
He is seeking to be returned to his database and Web development position, for which the state hired him in December 2007, or to be paid what he would have earned. The suit also asks for unspecified compensatory damages.
"He was only looking out for the interest of his employees of the state treasurer's office," Neary said. "He refused to do something that was illegal."
Osborn was not immediately available to comment Wednesday.
Osborn gained fame as a Navy pilot in 2001 when his EP-3 spy plane collided with a Chinese fighter jet over the South China Sea. He landed successfully on a Chinese island with his 23 crew members and then endured 11 days of captivity and interrogation.
He was elected Nebraska treasurer in November 2006.
State managers first approached Harrison in February about creating a timecard program that would prevent hourly employees working more than 40 hours to receive overtime pay, Neary said.
State hourly employees are entitled to overtime pay for working more than 40 hours in a week at a rate of time and one-half.
Harrison was told the program was needed because some employees were taking longer lunches or other breaks and then claiming overtime that was undeserved, Neary said.
In the lawsuit, Harrison said he protested repeatedly before his transfer order came in May.
His complaints to management were both verbal and via e-mail, Neary said. He also raised the issue with the Nebraska Department of Labor.
The situation is disgusting and ridiculous, said Mike Marvin, executive director of the local chapter of the Nebraska Association of Public Employees. The union doesn't represent employees in the treasurer's office but has been involved in related pay and retaliation cases in other agencies in recent years.
If the allegations are proved true, he said, he hopes Osborn would resign.
"This is why we can't hire qualified and keep qualified people in the state of Nebraska," he said.
Robert Harrison of Lincoln alleges that after he refused -- including directing his protests toward Treasurer Shane Osborn and several managers -- his bosses retaliated by asking him to resign.
He refused to quit and then was transferred to a temporary position filing paperwork, according to the lawsuit filed Wednesday by attorney Kathleen Neary in Lancaster County District Court.
Harrison also refused the transfer, said Neary, who said she believes a jury will find that Harrison was "constructively discharged."
"They rode him out of town," she said.
Harrison alleges the retaliation violates labor laws.
He is seeking to be returned to his database and Web development position, for which the state hired him in December 2007, or to be paid what he would have earned. The suit also asks for unspecified compensatory damages.
"He was only looking out for the interest of his employees of the state treasurer's office," Neary said. "He refused to do something that was illegal."
Osborn was not immediately available to comment Wednesday.
Osborn gained fame as a Navy pilot in 2001 when his EP-3 spy plane collided with a Chinese fighter jet over the South China Sea. He landed successfully on a Chinese island with his 23 crew members and then endured 11 days of captivity and interrogation.
He was elected Nebraska treasurer in November 2006.
State managers first approached Harrison in February about creating a timecard program that would prevent hourly employees working more than 40 hours to receive overtime pay, Neary said.
State hourly employees are entitled to overtime pay for working more than 40 hours in a week at a rate of time and one-half.
Harrison was told the program was needed because some employees were taking longer lunches or other breaks and then claiming overtime that was undeserved, Neary said.
In the lawsuit, Harrison said he protested repeatedly before his transfer order came in May.
His complaints to management were both verbal and via e-mail, Neary said. He also raised the issue with the Nebraska Department of Labor.
The situation is disgusting and ridiculous, said Mike Marvin, executive director of the local chapter of the Nebraska Association of Public Employees. The union doesn't represent employees in the treasurer's office but has been involved in related pay and retaliation cases in other agencies in recent years.
If the allegations are proved true, he said, he hopes Osborn would resign.
"This is why we can't hire qualified and keep qualified people in the state of Nebraska," he said.
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