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I'd like to provide some background info on the OP, that will help explain his mind-set. If I may, OP (feel free to correct me, if I've got this wrong);
The OP, I gather by his "accent", and his username, is from Russia, or some other Slavic-speaking nation. In Russia, people can, and do, lose their jobs for certain political activity they engage in, in their free time. Of course that has nothing to do with the job, but Moscow's arm is very long, and reaches far.
So, the OP manages to emigrate to the US, which he's heard is a free country. Freedom of speech is one of the most vaunted and cherished values. He's eager to exercise his rights in this "land of the free". But he starts hearing about incidents that indicate that the propaganda doesn't match the reality. What is going on? How to explain this?? This sounds wrong If there isn't a law guaranteeing free speech (and freedom of non-criminal behavior), shouldn't there be? This isn't the America he was looking forward to enjoying. He wants the America sold to him by the American embassy, the Voice of America, and the buzz on the street in his town. Where is that America?
And while we're at it, could someone explain to me this "at will" employment thing? To what types of employers does it pertain? What kinds of cases are subject to wrongful-termination lawsuits?
First of all, he didn't get fired, he quit. He was getting death threats because of the media frenzy.
Second, apparently, residents have a key card that gets them into the pool. Seeing as the woman had a key card, and was already IN the pool area, it's easy to see how she thought she was being profiled, since she WAS the only black person (with her child) there.
She WAS apparently being treated differently than everyone else, so what about HER freedom to congregate and go where she has a legal right to go?
the pool thing was not his job, it was just an HOA-board type position.
It sounds like he was fired from his actual job.
Quote:
You may be aware by now of a terrible incident involving the actions of one our employees outside of the workplace. The well-documented incident, which involves activities at a neighborhood pool over the 4th of July, in no way reflects the core values of our Company. To that end, effective immediately, the employee involved in this incident is no longer employed by the Company in any respect.
That's the only recorse many residents and HOA have is to call the police for trespassing.
I don't know the specific rules for that HOA, but ours explicitly states that anyone not a resident has to be accompanied by a resident. Possession of a keypass isn't enough to satisfy the HOA requirements. Our HOA asked us many times to police each other, and if in non-compliance, to call the police for trespassing. The only way to verify neighbors in such a large neighborhood like ours is ask for ID.
If I were him, I'd sue for wrongful termination.
She was a resident, so why is the only black person the one whose residency is questioned? That’s the point.
That's the only recorse many residents and HOA have is to call the police for trespassing.
I don't know the specific rules for that HOA, but ours explicitly states that anyone not a resident has to be accompanied by a resident. Possession of a keypass isn't enough to satisfy the HOA requirements. Our HOA asked us many times to police each other, and if in non-compliance, to call the police for trespassing. The only way to verify neighbors in such a large neighborhood like ours is ask for ID.
If I were him, I'd sue for wrongful termination.
She was a resident, so why is the only black person the only one whose residency was questioned? That’s the point. It’s a pattern being seen all over the country, you can’t just pretend it’s not about race when only the black people batebewui g in the park have the cops called, when only the black child selling lemonade has the cops called, when only the black air b&b vacationers have the cops called, when only the black student in the dorm has the cops called on her, etc etc. up to and including why only the black resident at the pool has her residency questioned.
I'd like to provide some background info on the OP, that will help explain his mind-set. If I may, OP (feel free to correct me, if I've got this wrong);
The OP, I gather by his "accent", and his username, is from Russia, or some other Slavic-speaking nation. In Russia, people can, and do, lose their jobs for certain political activity they engage in, in their free time. Of course that has nothing to do with the job, but Moscow's arm is very long, and reaches far.
So, the OP manages to emigrate to the US, which he's heard is a free country. Freedom of speech is one of the most vaunted and cherished values. He's eager to exercise his rights in this "land of the free". But he starts hearing about incidents that indicate that the propaganda doesn't match the reality. What is going on? How to explain this?? This sounds wrong If there isn't a law guaranteeing free speech (and freedom of non-criminal behavior), shouldn't there be? This isn't the America he was looking forward to enjoying. He wants the America sold to him by the American embassy, the Voice of America, and the buzz on the street in his town. Where is that America?
Well, in the US people have always been subject to losing employment based on political activity. The difference is that the loss of employment in the US is based on the employer's whim, not government instruction.
There are only a very few laws restricting employers from firing people they don't want working for them.
Quote:
And while we're at it, could someone explain to me this "at will" employment thing? To what types of employers does it pertain? What kinds of cases are subject to wrongful-termination lawsuits?
In general, an at-will employment relationship means that either the employer or the employee is free to end the relationship at any time, with or without advance notice, and for any reason (or no reason) at all. Employment relationships are presumed to be "at-will" in all U.S. states except Montana. At-will employment seems to give at-will employers free reign to fire employees. However, "wrongful termination" is a major exception to at-will employment.
There are only a few exceptions that can lead to a "wrongful termination" suit in an at-will state, and none of them is accepted in every at-will state:
Public Policy Exception: An employee is wrongfully discharged when the termination violates an explicit, well-established public policy of the state.
Contract Violation: When the termination violates an explicit or implied contract that specified agreed reasons for termination, such as an employee handbook (recognized in only half of the at-will states).
Violation of Good Faith: The court looks at factors including whether the company properly followed its stated personnel policies, the length of the employee's employment, any job security representations that have been made, a presence or lack of prior criticism of performance, and basic notions of fairness (recognized in only a handful of at-will states, including California).
She was a resident, so why is the only black person the only one whose residency was questioned? That’s the point. It’s a pattern being seen all over the country, you can’t just pretend it’s not about race when only the black people batebewui g in the park have the cops called, when only the black child selling lemonade has the cops called, when only the black air b&b vacationers have the cops called, when only the black student in the dorm has the cops called on her, etc etc. up to and including why only the black resident at the pool has her residency questioned.
A large percentage of people in the country feel that it's perfectly acceptable for those things to happen to black people, and they don't see why you don't get that and accept it as the way things rightfully ought to be.
I know a girl right now who still has a job even though she has shown out and had a full blown fit and screaming and yelling in a show room in front of customers . Some bosses will put up with anything these days just to have employees apparently or maybe it is just in right to work states that you can fire someone for showing out in front of customers . yes in front of customers . Now I ask some of you why would you not get rid of this girl ? I don't know how she still has a job .
Are you saying is it an OK situation that anyone can call your company and say you are a bad person and they fire you without even letting you explain your side of the story.
I think that the company should at least be required to tell you who said that about you so you can sue that person for defamation of character and tortious interference.
This particular pool situation aside, my personal feeling is what I do on my free time is no business of my employer, ever. When my employer wants to pay me for being on the clock 24 hours a day, then and ONLY then can he dictate my behavior.
I work for a company. I'm not owned by it. There's a big difference.
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