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Google blogger: 'I was terminated'
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<blockquote data-quote="jesseghfan" data-source="post: 2029509" data-attributes="member: 19504"><p>It is not at all clear that all states would view such terminations as legal. After all, there are limitations on employers even in cases of "at will" employment. One generally may not be fired for one's race, for instance, at will or no.</p><p></p><p>In New York, for instance, certain protections exist. Now it is confusing and IIRC largely untried law, but:</p><p> 2. Unless otherwise provided by law, it shall be unlawful for any</p><p>employer or employment agency to refuse to hire, employ or license, or</p><p>to discharge from employment or otherwise discriminate against an</p><p>individual in compensation, promotion or terms, conditions or privileges</p><p>of employment because of:</p><p> b. an individual`s legal use of consumable products prior to the</p><p>beginning or after the conclusion of the employee`s work hours, and off</p><p>of the employer`s premises and without use of the employer`s equipment</p><p>or other property; - [Smoking is ok, for instance]</p><p> c. an individual`s legal recreational activities outside work hours,</p><p>off of the employer`s premises and without use of the employer`s</p><p>equipment or other property; or</p><p>b. "Recreational activities" shall mean any lawful, leisure-time</p><p>activity, for which the employee receives no compensation and which is</p><p>generally engaged in for recreational purposes, including but not</p><p>limited to sports, games, hobbies, exercise, reading and the viewing of</p><p>television, movies and similar material;</p><p></p><p>Now this, to my knowledge, isn't very well tested law, so its limits aren't that clear, and there are a lot of exceptions, yada, yada. Not that I'm giving any legal advice- perish the thought. But I'd be interested in seeing in a theoretical way if it might just provide a harbor. </p><p></p><p>Any NYers or others remember when the Atlanta Braves John Rocker made foolish racist/ hetero-sexist/ classist comments upon getting off a NY subway train? Or how about when those off duty police or firefighters (don't recall) had a racist float in a parade or somesuch? Would have been interesting to test this out.</p><p></p><p>Additionally, I'm surprised it hasn't become a wide practice in the blogger community to stamp the occassional "Maybe we should form a union" on all such postings. Suddenly, a whole bucketload of extra protections might just kick in under federal and state labor relations law- complaining in an attempt to organize is a highly protected activity. Again, don't take my ponderings as legal advice- that would be foolish, maybe just plain wrong. I'm just pointing out that maybe this stuff isn't so "employers have every right" at all.</p></blockquote><p></p>
[QUOTE="jesseghfan, post: 2029509, member: 19504"] It is not at all clear that all states would view such terminations as legal. After all, there are limitations on employers even in cases of "at will" employment. One generally may not be fired for one's race, for instance, at will or no. In New York, for instance, certain protections exist. Now it is confusing and IIRC largely untried law, but: 2. Unless otherwise provided by law, it shall be unlawful for any employer or employment agency to refuse to hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, promotion or terms, conditions or privileges of employment because of: b. an individual`s legal use of consumable products prior to the beginning or after the conclusion of the employee`s work hours, and off of the employer`s premises and without use of the employer`s equipment or other property; - [Smoking is ok, for instance] c. an individual`s legal recreational activities outside work hours, off of the employer`s premises and without use of the employer`s equipment or other property; or b. "Recreational activities" shall mean any lawful, leisure-time activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, including but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies and similar material; Now this, to my knowledge, isn't very well tested law, so its limits aren't that clear, and there are a lot of exceptions, yada, yada. Not that I'm giving any legal advice- perish the thought. But I'd be interested in seeing in a theoretical way if it might just provide a harbor. Any NYers or others remember when the Atlanta Braves John Rocker made foolish racist/ hetero-sexist/ classist comments upon getting off a NY subway train? Or how about when those off duty police or firefighters (don't recall) had a racist float in a parade or somesuch? Would have been interesting to test this out. Additionally, I'm surprised it hasn't become a wide practice in the blogger community to stamp the occassional "Maybe we should form a union" on all such postings. Suddenly, a whole bucketload of extra protections might just kick in under federal and state labor relations law- complaining in an attempt to organize is a highly protected activity. Again, don't take my ponderings as legal advice- that would be foolish, maybe just plain wrong. I'm just pointing out that maybe this stuff isn't so "employers have every right" at all. [/QUOTE]
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