Throughout the week, students can attend programming ranging from discussions on wartime law to conversations with pre-law alumni about their experiences beyond Flagler. But Law Week is also a good opportunity to brush up on some of the basic legal questions that can come up during college and beyond.
To help, Frank D. Upchurch, Sr. Law Program Director and professor Jonathan Growick, J.D., answers some of the questions college students may find themselves asking. Check them out below.
Legal Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute legal advice. Laws and legal circumstances vary, and the information presented may not apply to every situation. Readers should not rely on this information as a substitute for advice from a qualified attorney. If you have a specific legal question or concern, consult an attorney who can provide guidance based on your individual circumstances.
1. Can my social media activity or actions outside of the workplace impact my employment?
Short answer: Yes, depending on the circumstances.
For students balancing college with work, what happens outside the workplace can sometimes have consequences on the job.
“It depends. I know, a great lawyer answer. Florida is an at-will state, which means absent a contract indicating otherwise, an employer or an employee can terminate the employment relationship at any time, for any reason, except for a “bad” reason. A “bad reason” would be a reason that violates a law like the Civil Rights Act, the National Labor Relations Act, or a whistleblower statute,” said Growick.
In general, social media activity or actions outside of work can lead to disciplinary action or termination unless protected by law. Government employees may also have constitutional protections that generally do not apply to employees of private employers.
For students, the takeaway is simple: Think carefully before posting. Growick recommends reviewing privacy settings and remembering that anything shared online can be copied, forwarded or made public.
2. What protections do I have through FERPA?
FERPA, the Family Educational Rights and Privacy Act, gives college students important rights over their educational records, including who can access their information.
One of those protections is especially relevant for college students and their families. Growick notes that students have the right to “not have their grades disclosed to their parents without their consent even if the parent is funding their education.”
FERPA also gives students the right to inspect and review their educational records, request an amendment if they believe their records are inaccurate or misleading, and receive an annual notification of their rights. Students can also file a complaint if they believe their FERPA rights have been violated.
There are exceptions to FERPA, but understanding the law can help students know what information they have a right to keep private while navigating college.
3. Why do I need to read the fine print?
It may be tempting to skip the fine print, especially when you are signing up for a service, agreeing to website terms or signing a lease. But those details can have real consequences if a dispute ever arises.
As Growick explains, “Always review the fine print, the terms and conditions, and user agreements BEFORE signing, purchasing, or continuing use.”
Contracts, leases, employment agreements and other user agreements can contain provisions that are easy to overlook. One example is an arbitration clause, which can require certain disputes to be resolved through arbitration rather than a lawsuit. That can affect everything from the availability of a jury trial to the ability to appeal a decision.
In some cases, the fine print can even determine who pays the costs of arbitration.
4. If I share a lease with a roommate, am I responsible for their actions or inactions?
Sharing a lease with a roommate can also mean sharing legal responsibility.
In Florida, when more than one person is named on a lease, the lessees are generally considered “jointly and severally liable” unless the lease states otherwise. That means each person can be responsible for the full obligations of the lease, not just their agreed-upon share.
Growick offers a straightforward example: “For example, if two roommates sign one lease requiring $2,000 in monthly rent, agreeing to split the rent 50/50, and one roommate moves out or stops paying, the $2,000 monthly rent is still due in full.”
Moving out does not necessarily release a roommate from the lease, meaning the remaining roommate may have to cover the full rent to avoid a breach of the agreement.
