T110's Northern Migration
Дата: 17.08.2017 05:04:45
xtc4, on Aug 16 2017 - 19:09, said: I assumed that we were talking about private employers.
Again, it is pretty easy for a private employer to fire anyone for
anything. Employment-discrimination statutes do protect private
employees, but they are limited. But your point seems to
have much validity if we are talking about a public employee. A
public employee not only has statutory protections, but also
constitutional protections. (Constitutions, in general, protect
against state action, not private action.) So a government employee
who is fired for political activity or speech may have a
substantial First Amendment claim. Edit: I looked up that
case. It did involve a unionized worker, his statutorily-protected
right to picket in conjunction with a labor dispute, and his right
under the union contract to be fired only for "just cause." That
worker was in a totally different situation than the typical
at-will employee. By the way, I do agree, philosophically, with the
position that all employees should have just-cause protections
and that private employees as well as public employees should have
free speech and assembly rights. Unfortunately, that is not
the country we live in.
The_Chieftain: I fear you missed the crux of the argument. We are
talking about private employees. Note how Cooper references
and differentiatrs from Finishing NMC, a case in which the
courts upheld the firing of an employee for his actions during the
picket. That he was involved in a protected activity was no
protection from his actions within it, hence my comment about time,
place and manner restrictions. The situation is more complicated
than "statutory protected or not." Interestingly, the employer's
defense in Finishing is basically that proposed by the lawyers as a
defense against the theorised civil liberties charge: That the man
was creating a hostile work environment. She printed out
the professional circular for me. The impression I
got was that the civil liberties argument was more likely than not
going to fail, but that it was a good one and could win.
T110's Northern Migration