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Old 07-08-2018, 11:53 AM
 
233 posts, read 191,414 times
Reputation: 682

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Quote:
Originally Posted by Banbuk77 View Post
Not only he lost his position as a pool manager (or whatever volunteer position it was), but he also lost his job at a company he worked for that has nothing to do with his off-time pool position.
And he lost his job based on doing nothing illegal at his free time.
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. Only because they are afraid to be associated with you (a bad person in someone's view).
A company's primary objective (besides making profit) is to minimize risk to their bottom line.

If an employee is caught (on video) abusing LEO resources because of what he perceives as un-justice, and his actions negatively impact a protected class of citizen (black & female); that sends a message to his employer that he will not use logic and reason in his dealings with what the company values (stakeholders, customers, brand image, non-discrimination, etc). That is why he was terminated.
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Old 07-08-2018, 11:58 AM
 
233 posts, read 191,414 times
Reputation: 682
Quote:
Originally Posted by DubbleT View Post
Except this guys actions did disrupt his work at the pool, and reflected badly on whoever he was working for.
He showed poor judgement in acting on his bias, something that his other employer might find worrisome. He would at that point likely be considered potentially high risk for making similar bad judgments in that environment also. You don't want someone working for you who doesn't understand the consequences of the actions they choose to make.
Exactly. A simple "Hey, I'm Adam, welcome to the neighborhood! Where do you guys live? How are you liking it thus far?" would have accomplished the same objective and he would be clocking into work tomorrow morning.
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Old 07-08-2018, 12:02 PM
 
51,021 posts, read 36,735,609 times
Reputation: 76781
Quote:
Originally Posted by bobspez View Post
If the guy was a radical muslim exercising his free speech would you still be defending him? Just asking.
If he was exercising his free speech, then yes I’d defend him. However this man was not exercising his free speech. He was harassing a person of color and questioning her right to be there simply because of her skin color. If a Muslim man was at the public pool harassing Jews then he should be fired too.

There seems to be a lot of people here who really don’t understand the law, the First Amendmrnt, or the limits of constitutional rights. Once you start using them to infringe on other people’s rights you are no longer protected by the Constitution.

By the way the first amendment of the Constitution protects you against government persecution for free speech. It does not protect you from what private employers may or may not do.
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Old 07-08-2018, 12:06 PM
 
9,891 posts, read 11,798,686 times
Reputation: 22087
Quote:
Originally Posted by Banbuk77 View Post
Yes, this is a reality.
But shouldn't there be a law to change this reality? What the point to have the 1st amendment if a person who exercises it loses his/her job?
If the person was questioning a person with rights to use the pool beyond just asking for ID, etc., but questioning her legal ID to use the pool after it was presented, he was going too far and caused the pool to get a lot of bad publicity, then it is time to fire him.

The employee does not have any first amendment rights when he does not treat everyone the same. He will be fired with cause, which is legal anywhere.
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Old 07-08-2018, 12:07 PM
 
Location: State of Transition
102,259 posts, read 108,238,692 times
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Quote:
Originally Posted by Lodestar View Post
It depends on the outside of work behavior and the nature of the work the person is performing. Would you want a man who beat his dog to death working in a veterinary clinic?
This can be big for teachers, In the old days, they weren't even allowed to get pregnant (even if married!), let alone be caught in some kind of behavior considered not befitting someone entrusted with children's education. I don't know what the guidelines are for school districts re: teacher behavior off the job. But there definitely have been professions, in which people could be fired for their behavior off the job. Minister, I imagine, as another example.
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Old 07-08-2018, 12:10 PM
 
Location: State of Transition
102,259 posts, read 108,238,692 times
Reputation: 116255
Quote:
Originally Posted by ocnjgirl View Post
If he was exercising his free speech, then yes I’d defend him. However this man was not exercising his free speech. He was harassing a person of color and questioning her right to be there simply because of her skin color. If a Muslim man was at the public pool harassing Jews then he should be fired too.

There seems to be a lot of people here who really don’t understand the law or the limits of constitutional rights. Once you start using them to infringe on other people’s rights you are no longer protected by the Constitution.
Not only that, but it's not a free speech issue. It's an abuse of authority issue. That's what some people don't seem to understand. He wasn't a random citizen or resident of the apartment complex. He was in a position of authority, using that to harass and intimidate a resident based on her race.

Whether or not that's justifiable grounds for firing him from a completely unrelated job is another question.
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Old 07-08-2018, 12:19 PM
 
Location: Sun City West, Arizona
51,006 posts, read 24,507,624 times
Reputation: 33033
Quote:
Originally Posted by Ruth4Truth View Post
This can be big for teachers, In the old days, they weren't even allowed to get pregnant (even if married!), let alone be caught in some kind of behavior considered not befitting someone entrusted with children's education. I don't know what the guidelines are for school districts re: teacher behavior off the job. But there definitely have been professions, in which people could be fired for their behavior off the job. Minister, I imagine, as another example.
That varies a lot depending on region of the country, rural versus suburban versus urban, etc. I've seen things in suburban districts where I taught that would have gotten a teacher or administrator fired in a rural district.
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Old 07-08-2018, 01:14 PM
 
5,455 posts, read 3,405,284 times
Reputation: 12178
Quote:
Originally Posted by Banbuk77 View Post
A couple of days ago some guy lost his job because he was a pool manager (or something) at his community pool and questioned a black lady about her residence. The social media verdict was that he was a racist and sjw found out where he worked and started calling the company.
Not many companies nowadays have guts to stand against the mob - so the guy got fired.

Let's not discuss here if the guy is a racist or has bias against certain people. That is not the point. Even if he does have bias - this is a free country last time I checked and anyone is free to have any bias.
As long as that person does not disrupt his workplace - his/her views or biases should not be a reason to fire that person. Even if those biases are not politically correct. The only exception is if that person is somehow represents the company (a CEO or some kind of high level representative).

Also please don't say the employment is at will and a company can fire anyone at any time for no reason. There is a long list of the exceptions to that rule (religion, nationality, disability, etc).

Should a conduct outside of the company be included as well if that conduct is not against the law?

Also, under the current rules, can that guy sue the company for wrongful termination and what are his chances of getting a settlement?

I think the employee's job was to ensure non-residents do not use the community pool. This is not unusual. It has nothing to do with race. A community pool is for members of the community and paid for by them. So I don't know what the big deal is and why the employee was fired.

The employer should have backed him up. But there is so much pressure from activists that community management might think they will get a bad rap and be the target of retribution. It's complicated although it may appear straight forward.
No the employee should not have been fired and should take his complaint to the Labor Dept. It's not necessary to sue just to take a job back or chastise an employer.
The Labor Dept governs all matters to do with employers and employees.
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Old 07-08-2018, 01:53 PM
 
13,288 posts, read 8,492,714 times
Reputation: 31528
Hmm....in light of how some groups have made allegations (unfounded ) as they are...thus causing some folks to lose their careers and reputation. I tend to think it's become the norm to simply believe the allegation instead of stand by a person's years of positive contribution.

I'm sadly awaiting for my two year old nephew to be brought up on charges of inappropriately groping his mom. (Gratuitous sarcasm)
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Old 07-08-2018, 02:10 PM
 
11,558 posts, read 12,077,407 times
Reputation: 17758
Quote:
Originally Posted by Banbuk77 View Post
A couple of days ago some guy lost his job because he was a pool manager (or something) at his community pool and questioned a black lady about her residence. The social media verdict was that he was a racist and sjw found out where he worked and started calling the company.
Not many companies nowadays have guts to stand against the mob - so the guy got fired.

Let's not discuss here if the guy is a racist or has bias against certain people. That is not the point. Even if he does have bias - this is a free country last time I checked and anyone is free to have any bias.
As long as that person does not disrupt his workplace - his/her views or biases should not be a reason to fire that person. Even if those biases are not politically correct. The only exception is if that person is somehow represents the company (a CEO or some kind of high level representative).

Also please don't say the employment is at will and a company can fire anyone at any time for no reason. There is a long list of the exceptions to that rule (religion, nationality, disability, etc).

Should a conduct outside of the company be included as well if that conduct is not against the law?

Also, under the current rules, can that guy sue the company for wrongful termination and what are his chances of getting a settlement?
There are employers who would fire to avoid their company being declared 'racist'.
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