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Old 04-04-2018, 06:37 PM
 
7,736 posts, read 4,988,604 times
Reputation: 7963

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Now Briskman is suing her former employer, government contractor Akima LLC, for potentially breaking state law.

In a lawsuit filed Wednesday in Virginia’s Fairfax County Circuit Court, Briskman’s lawyers argue that Akima violated state employment law in firing her because it is illegal for a government contractor to terminate an employee out of fear of unlawful government retaliation.


She's going to be wasting her time on this one......



https://www.yahoo.com/news/woman-fir...230233890.html
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Old 04-04-2018, 06:40 PM
 
34,278 posts, read 19,371,187 times
Reputation: 17261
Quote:
Originally Posted by Jimmyp25 View Post
Now Briskman is suing her former employer, government contractor Akima LLC, for potentially breaking state law.

In a lawsuit filed Wednesday in Virginia’s Fairfax County Circuit Court, Briskman’s lawyers argue that Akima violated state employment law in firing her because it is illegal for a government contractor to terminate an employee out of fear of unlawful government retaliation.


She's going to be wasting her time on this one......



https://www.yahoo.com/news/woman-fir...230233890.html
Maybe not. I can see her argument. And the law is most likely on there for anti-retaliation and whistle blower protections.

The devil will be in the details.
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Old 04-04-2018, 06:45 PM
 
19,840 posts, read 12,102,488 times
Reputation: 17573
She still has her gofundme active.
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Old 04-04-2018, 06:52 PM
 
Location: DFW
40,951 posts, read 49,189,517 times
Reputation: 55008
Libs were OK with the Nurse being fired for posting on Facebook that the Sacramento guy deserved to be shot.

Either companies have the right to fire or they don't over public speech.
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Old 04-04-2018, 06:53 PM
 
7,736 posts, read 4,988,604 times
Reputation: 7963
Quote:
Originally Posted by greywar View Post
Maybe not. I can see her argument. And the law is most likely on there for anti-retaliation and whistle blower protections.

The devil will be in the details.
Does she actually think that she can flip off the President of The United States (while working for a private company) and representing them... Do you know how much bad PR that is ? She is just grasping her straws. Wouldn't be surprised if the judge throws this out...

Google fires people all the time for conservative beliefs... haven't seen them getting sued and losing
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Old 04-04-2018, 06:56 PM
 
34,278 posts, read 19,371,187 times
Reputation: 17261
Quote:
Originally Posted by Jimmyp25 View Post
Does she actually think that she can flip off the President of The United States (while working for a private company) and representing them... Do you know how much bad PR that is ? She is just grasping her straws. Wouldn't be surprised if the judge throws this out...

Google fires people all the time for conservative beliefs... haven't seen them getting sued and losing
Go read the article. As she points out other employees there suggested shooting folks, and identified the company they worked at, and did not get fired. Whereas she did NOT identify her employer, and was exercising her free speech.

She is not asking for much either, they will settle this and call it cheap is my prediction. Also of note they promised 4 weeks of severance, and only gave her 2.

And when the government is involved in your employment suddenly free speech arguments DO work.
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Old 04-04-2018, 07:17 PM
 
Location: Ft. Myers
19,719 posts, read 16,842,883 times
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Numerous case law has shown that it is not illegal to give someone the finger. In fact, it is protected by the Constitution, the same Constitution the Right holds up as a shield every day:

The First Amendment states that “Congress shall make no law ... abridging the freedom of speech.” The spoken word is not the only form of “speech” that the Supreme Court has determined the First Amendment protects. In fact, the First Amendment protects a wide range of symbolic speech, including marching, wearing armbands, and even making expressive gestures.

She will win this case, and what a person does on their own time generally does not reflect on their job, unless it is criminal or otherwise damages the employer. They will argue that this does reflect on her company, but that is a very high standard to meet.


If I gave Trump the finger, and if my company fired me over it, I would be a very rich man when it went to court.
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Old 04-04-2018, 08:03 PM
 
Location: Houston
5,993 posts, read 3,733,906 times
Reputation: 4160
Quote:
Originally Posted by don1945 View Post
Numerous case law has shown that it is not illegal to give someone the finger. In fact, it is protected by the Constitution, the same Constitution the Right holds up as a shield every day:

The First Amendment states that “Congress shall make no law ... abridging the freedom of speech.” The spoken word is not the only form of “speech” that the Supreme Court has determined the First Amendment protects. In fact, the First Amendment protects a wide range of symbolic speech, including marching, wearing armbands, and even making expressive gestures.

She will win this case, and what a person does on their own time generally does not reflect on their job, unless it is criminal or otherwise damages the employer. They will argue that this does reflect on her company, but that is a very high standard to meet.


If I gave Trump the finger, and if my company fired me over it, I would be a very rich man when it went to court.
You might be a rich man but it wouldn't be because of anything concerning the lawsuit against your former employer. Private companies can fire you for whatever reason they choose in right to work states. And that includes flipping someone off. It sucks but that's just the way it is.
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Old 04-04-2018, 08:12 PM
 
78,409 posts, read 60,593,823 times
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Quote:
Originally Posted by greywar View Post
Go read the article. As she points out other employees there suggested shooting folks, and identified the company they worked at, and did not get fired. Whereas she did NOT identify her employer, and was exercising her free speech.

She is not asking for much either, they will settle this and call it cheap is my prediction. Also of note they promised 4 weeks of severance, and only gave her 2.

And when the government is involved in your employment suddenly free speech arguments DO work.
Basically, companies do not closely monitor employee private posts, nor do they have an obligation to do so. However, in this case an employee made national news or were otherwise brought to their attention.

I agree. They might make a cheap settlement of 50k to make this go away.
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Old 04-04-2018, 08:14 PM
 
Location: Florida
23,795 posts, read 13,259,424 times
Reputation: 19952
Quote:
Originally Posted by Jimmyp25 View Post
Does she actually think that she can flip off the President of The United States (while working for a private company) and representing them... Do you know how much bad PR that is ? She is just grasping her straws. Wouldn't be surprised if the judge throws this out...

Google fires people all the time for conservative beliefs... haven't seen them getting sued and losing
Why can't she flip off Trump? Hundreds of people do it every day.

And please let's not hear about respect for a POS that gives respect to nobody other than dictators.
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