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I think this does present an interesting legal question. How far into a person's private life can an employer's reach extend? Is there a difference if the employee is a state employee or not? Is an employee essentially 'always on the clock' when it comes to their private life?
Any lawyers want to chime in?
I'm wondering the same thing. If he was working for the government, I could see an easier case for the ACLU, but if someone's working for a private company, I would think they'd have a right to fire someone for burning Huckleberry Finn, if they chose to.
"So long as his actions, however misguided, took place on his own time, and he was not acting in his capacity as a representative of NJ Transit but as an American exercising his Constitutional rights, then the agency is clearly in the wrong," Lesniak said. "We live in a country that was built on the principles of freedom of expression, and our democracy would crumble if individuals believed the government could penalize them for expressing views which, while offensive, do not rise to the level of illegal. New Jersey as an employer should play no part in penalizing someone for exercising their Constitutional rights." -State Sen. Raymond J. Lesniak (D-Union)
I Just talked with a few of his conductor co-workers , they said he was a bit racist and unstable. They also don't know why he was still working for NJT after an incident a few months ago.....
I'm wondering the same thing. If he was working for the government, I could see an easier case for the ACLU, but if someone's working for a private company, I would think they'd have a right to fire someone for burning Huckleberry Finn, if they chose to.
Free speech my ass. I don't known when people are going to wake up to the fact that you can't hide everything, including bad behavior, behind the "free speech" banner and not expect some negativity.
Also, if his firing came as a surprise to him he clearly had no clue who he was working for and what they expected of their employees. That's a sign of stupidity right there.
I Just talked with a few of his conductor co-workers , they said he was a bit racist and unstable. They also don't know why he was still working for NJT after an incident a few months ago.....
Of course, that won't make the 6PM news.
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