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Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,774,755 times
Reputation: 3587
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Quote:
Originally Posted by jackmccullough
Good. It's none of Wal-Mart's business what he does off work, medical marijuana or recreational marijuana. Unless it affects his job performance or safety, which it doesn't, they should leave him alone.
I agree with you in principle but that is not the law. The law states that, absent a contract of employment, you are an at will employee. You may be fired at any time for any reason or for no reason at all. That is why it is called "at will" employment. You may also quit for any reason at any time.
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,774,755 times
Reputation: 3587
What we should discuss instead of this single case is the whole idea of "at will" employment. While it is the law now, I have never agreed with it. I think that the law should give all employees rights on the job and especially the right to some form of due process should an employer dismiss them after an initial probationary period of 6 months. I don't believe a Manager should have the right to just walk up to somebody that has worked at a business for years- even decades - and fire them for no good reason. They should be entitled to have their day in court or at least before an impartial labour board.
There was a previous thread about this, when the gentleman was fired.
I think it should be pointed out that Wal-Mart is obligated to follow federal guidelines regarding drug use by its employees, even in the case of medical marijuana.
What we should discuss instead of this single case is the whole idea of "at will" employment. While it is the law now, I have never agreed with it. I think that the law should give all employees rights on the job and especially the right to some form of due process should an employer dismiss them after an initial probationary period of 6 months. I don't believe a Manager should have the right to just walk up to somebody that has worked at a business for years- even decades - and fire them for no good reason. They should be entitled to have their day in court or at least before an impartial labour board.
Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,774,755 times
Reputation: 3587
Quote:
Originally Posted by ergohead
Well . . if the employer is a Corporation, YA!
But not if the employer is not a Corporation.
Even if it is not a corporation. It does not matter. Employees should have rights. Even if it is a small business. Let's say that there is a receptionist that works for a motel. She has worked there faithfully for 30 years. Many people do even at jobs like this. Then a new owner buys the motel and he just decides he wants somebody else there so he says "you are fired". Do you think that is right? I don't. She should be able to go to a judge or a labour board and either get her job back or be awarded a severance package based on the time she worked there and contributed to that business. I would award her a week's pay for every year she was there and make them continue her medical and life insurance for a year.
Even if it is not a corporation. It does not matter. Employees should have rights. Even if it is a small business. Let's say that there is a receptionist that works for a motel. She has worked there faithfully for 30 years. Many people do even at jobs like this. Then a new owner buys the motel and he just decides he wants somebody else there so he says "you are fired". Do you think that is right? I don't. She should be able to go to a judge or a labour board and either get her job back or be awarded a severance package based on the time she worked there and contributed to that business. I would award her a week's pay for every year she was there and make them continue her medical and life insurance for a year.
You support Justice Roberts in his Decision that Corporations are persons of the same rank as Ergohead?
Ergohead is a natural person, Corporations are not.
Even if it is not a corporation. It does not matter. Employees should have rights. Even if it is a small business. Let's say that there is a receptionist that works for a motel. She has worked there faithfully for 30 years. Many people do even at jobs like this. Then a new owner buys the motel and he just decides he wants somebody else there so he says "you are fired". Do you think that is right? I don't. She should be able to go to a judge or a labour board and either get her job back or be awarded a severance package based on the time she worked there and contributed to that business. I would award her a week's pay for every year she was there and make them continue her medical and life insurance for a year.
If I bought a business I'd probably want to employ people I know and trust. Sorry. It would be up to the prior owners to make arrangements for her dontcha think? The new folks don't owe anyone anything.
Soooo..... Where's the ACLU when it comes to people that smoke cigarettes (on their own time) being denied jobs or even fired?
Evidence, please?
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Now, if only there was a way to do such a thing....
