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Lordandmaster -> RE: Should I of lied? (9/10/2006 9:11:45 PM)
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I'm amused by this whole let's-drop-our-pants-and-see-who-has-the-bigger-credentials rhetoric, but it would be helpful if YOU cited a case. Then I could, you know, read what exactly you're talking about (and perhaps even point out how you've mischaracterized the decision). (By the way, despite whatever you're insisting now, you never gave the three examples of participating in school spirit rallies, wearing of "support our downtown" buttons, or contributing to the United Way.) Are these cases involving wrongful termination after an employee refused to participate in a social or political movement mandated by his or her employer? Doesn't sound like it from what you're saying. I said that if Fangs were fired for refusing to wear that bracelet, he'd have a case.
Anyway, we BOTH need to know a lot more about his working conditions in order to assess exactly how to go after a boss who fires an employee for refusing to wear a pink cancer-support bracelet. Who is his employer? The government? (If it's the government, it's game over.) A U.S. corporation? What state is he in, anyway? Does he have a union? Maybe you'll agree that these pesky details are all, you know, relevant.
Edited to add: One last thing, since you keep trying to get me to say whether I'm a lawyer. I make it a point not to give any positive hint about what I do for a living, because my profession is, shall we say, high-visibility, and people don't need to know that I like tying up women and fucking them. (That tends to have a deleterious effect on your credibility with the Wasps.) Something tells me you have similar concerns, since you don't even have a profile.
quote:
ORIGINAL: Emperor1956
Simply put, we differ on interpretation of the law. That is how law (and legal fees) arise. I contend that there are several cases that indicate that if a workplace wants to compel participation of its employees in charitable events, it probably can. I gave three instances of fact patterns where courts have upheld this view (they are, to refresh your memory if you did read the post you responded to (1) participation in school spirit rallys, (2) wearing of "support our downtown" buttons and (3) United Way contributions). In EACH of these cases, appellate courts around the country ruled that the aggrieved employee had no legal right to compensation (the Courts dismissed the cases for failing to state a cause of action or upon the defendant's motion for summary judgement -- if you are a lawyer, that's how WE say it).
Now, LaM, you haven't told me you've found caselaw to the contrary...have you? I would like to read it. You appear to be a lawyer or you are trying to make those that read this forum think you are one -- I cannot tell -- and so you know how to do legal research, or you should. I restate my simple point: as abhorrent as it may be to compel an employee to take part in a charity fundraiser, it is probably not harassment and probably not legally compensible.
E. (and yes, I am a lawyer, and sometimes I play one on TV, too.)
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