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Old 04-24-2016, 11:39 AM
 
Location: somewhere in the woods
16,880 posts, read 15,196,989 times
Reputation: 5240

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Quote:
Originally Posted by maf763 View Post
Boohoo. Actions have consequences, even if you're rich and famous.



look, if he would have done it at work or on his work time, then I can understand what happened. but to fire him for what he said on his own personal time and his own private site is just wrong.

I hope he sues and wins a large judgement from espn.

this story just goes to show how much espn really hates the Constitution.
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Old 04-24-2016, 11:44 AM
 
34,053 posts, read 17,064,521 times
Reputation: 17212
Quote:
Originally Posted by monkeywrenching View Post
look, if he would have done it at work or on his work time, then I can understand what happened. but to fire him for what he said on his own personal time and his own private site is just wrong.

.
Not true when as a public figure, you represent the brand. If this were Bubba in a widget factory in middle of noowhere Arkansas, I'd agree. But in CS's old job, 24/7, he represented the brand. That means for that huge contract, in return, he must represent it as the employer wants at all times.

CS if he becomes the afore-mentioned widget maker in Bubbaville, has no such obligation.

Social media, btw, is NEVER private. I know many employers who peruse candidate's social media before hiring them.
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Old 04-24-2016, 11:51 AM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
Reputation: 13709
Quote:
Originally Posted by BobNJ1960 View Post
States and a private sector contract are apples and oranges. 100% immaterial.
Like I said, it depends on the actual wording of the contract. If the word "illegal" is included, it most certainly does include referral to state and federal laws.
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Old 04-24-2016, 11:51 AM
 
Location: Camberville
15,861 posts, read 21,438,888 times
Reputation: 28199
Quote:
Originally Posted by monkeywrenching View Post
look, if he would have done it at work or on his work time, then I can understand what happened. but to fire him for what he said on his own personal time and his own private site is just wrong.

I hope he sues and wins a large judgement from espn.

this story just goes to show how much espn really hates the Constitution.
He was employed as a media personality. His social media channels are a part of that paid persona. His PUBIC Facebook and Twitter accounts are not "private sites" and what he posts there are not under the umbrella of "personal time." He was warned by his employer that his public posts were hurting their brand. He chose to ignore them and, thus, break the stipulations of his employment.
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Old 04-24-2016, 11:54 AM
 
34,053 posts, read 17,064,521 times
Reputation: 17212
Quote:
Originally Posted by InformedConsent View Post
Like I said, it depends on the actual wording of the contract. If the word "illegal" is included, it most certainly does include referral to state and federal laws.

LOL. Morals clauses are always obtuse-to maximize employer discretion. PS: It would have to say "limited to illegal", not say "including illegal". ESPN knows how to word it to protect ESPN.
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Old 04-24-2016, 11:56 AM
 
Location: Caverns measureless to man...
7,588 posts, read 6,627,628 times
Reputation: 17966
Quote:
Originally Posted by InformedConsent View Post
I know what EXACTLY we're discussing. The TRUTH of the matter is that 33 states AND the Federal Government feel exactly the same way Schilling does, so ESPN is going to have a HELL of a time proving any "morals clause" violation.
No. I'm sorry, but you clearly have absolutely no clue what a morals clause is or how it is applied. No idea at all. No matter how many times people have tried to explain it to you, you just stick your fingers in your ears and say, "No, that's not what I want it to mean, so I'm not listening!!!!" It's like everyone else in the thread is talking about speeding tickets, and you're talking about parking tickets. And you just refuse to grasp that they're not the same thing.

I'm curious - what is the origin of your username? Because it's clear as crystal that you have no interest at all in being informed about anything that doesn't fit the way you want things to be.
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Old 04-24-2016, 12:08 PM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
Reputation: 13709
Quote:
Originally Posted by BobNJ1960 View Post
LOL. Morals clauses are always obtuse-to maximize employer discretion.
We'll see about that. If Schilling had a decent lawyer in his contract negotiation, the scenario I've presented could very well be true. "Obtuse" language in a "morals clause" in a contract offered by an employer is nearly always too broad. Employees' attorneys know that, and trim it down to specifics.
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Old 04-24-2016, 12:10 PM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
Reputation: 13709
Quote:
Originally Posted by Albert_The_Crocodile View Post
No. I'm sorry, but you clearly have absolutely no clue what a morals clause is or how it is applied. No idea at all.
Believe what you wish, but that's quite untrue.
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Old 04-24-2016, 12:11 PM
 
Location: Old Mother Idaho
29,218 posts, read 22,361,490 times
Reputation: 23858
Quote:
Originally Posted by BobNJ1960 View Post
Not true when as a public figure, you represent the brand. If this were Bubba in a widget factory in middle of noowhere Arkansas, I'd agree. But in CS's old job, 24/7, he represented the brand. That means for that huge contract, in return, he must represent it as the employer wants at all times.

CS if he becomes the afore-mentioned widget maker in Bubbaville, has no such obligation.

Social media, btw, is NEVER private. I know many employers who peruse candidate's social media before hiring them.
Yes. Once on the internet, nothing is private thought any more.

Increasingly, employers are looking prospective employees over on the net before hiring them, and that includes what they say on social forums like this. What a person says here is as much an indication of their personality and their life attitudes as much as politics, and politics these days is a very good indicator to an employer as to whether he can expect a new hire to get along well with others or could be a problem on the job.

Facebook is particularly valuable for them, as everyone is easy to access there, and so many people are on it. An employer can find many sites that offer psychological profiles they can use on selecting new hires. based on what they post to the internet.

It's not what a person says that rings most of the alarm bells. It's how they say it, and when they say it. An employer may not care at all what an employee's politics are, but he may sure want to know if a person is going to spend more time arguing with someone than doing the job, or how the person's personality here on the net may affect his business in dozens of other ways.

It doesn't do a company much good to hire a sales rep, for example, who will irritate customers rather than bring in the business he was hired to go get.

Or hire a guy in a machine shop who will make everyone around him irritated. Anger and irritation when a person's mind has to be concentrated on his job can lose a boss a lot of money, and sometimes can result in serious injury as well.

Do not believe what anyone says here is private. It is not. Someone with a bit of internet savvy can easily discover anyone's net address and server and find out just as much as they want to know about any of us as they want. The only protection any of us has is encryption, and much of the encryption is not hard to hack.

What you say here can be tracked right back to you at any time. Think twice before you post once.
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Old 04-24-2016, 12:12 PM
 
Location: the very edge of the continent
89,006 posts, read 44,813,405 times
Reputation: 13709
Quote:
Originally Posted by Albert_The_Crocodile View Post
I'm curious - what is the origin of your username?
Think very carefully about that. The "origin" will occur to you at some point.
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