Skip to main content

View Diary: Woman fired for Kerry bumpersticker (237 comments)

Comment Preferences

  •  I am not an employment attorney (none)
    That being said, however, employment law is really pro-business. Whenever you start a new job, hidden well within the fine print, you find a clause that almost always says:

    Employment at XYZ corporation is at will. XYZ corporation reserves the right to terminate employment at any time, for any reason, with or without cause. Employees may also terminate their relationship with XYZ corporation at any time, for any reaosns, with or without cause.

    This man is a jerk. He was unfair. But legally he was well within his rights to fire that woman. Maybe she could sue and get her job back, but most precedent weighs heavily in favor of employers.

    Only if she could prove racial or gender discrimination would she have case. And even then, due to adversarial Rehnquist court decisions, she would have a hard time proving her case unless the discrimination were so blatant that even a blind man could see it.

    •  Not true... (none) can't fire someone for a reason that violates the public policy of the state.  If you read up the post, someone found an Alabama statute that makes it a misdemeanor for an employer to intimidate, coerce or threaten to terminate an employee as a means of influencing the employee's vote.  A competent lawyer would argue that: (1) the statute evidences the public policy of Alabama, (2) she was threatened with termination as a means of influencing her vote, and (3) she was fired as a means of intimidating other employees to influence their votes.

      I'd love to litigate that case.

    •  Naw (none)
      It's a vast, vast overstatement to say that employment law is pro-business.  Indeed, the example you quote proves my point.  Companies can fire employees for no reason.  So, too, can employees quit for no reason.  Would you have the employee have to prove that they have a reason to quit?  No -- employees should be ble to leave a job at any time just because they feel like it (unless the parties have contracted otherwise).  Employers have the same right to run their business as they see fit, so long as they don't discriminate for illegal reasons.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site