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T110's Northern Migration

Дата: 17.08.2017 05:04:45
View Postxtc4, 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. 

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