Shut Up, Don't Think, Don't Learn From Others or You're Fired

[RPG-7]

Within days of Michael’s attending the meeting a decision to fire him was made by the company’s general manager. He ordered the plant manager to fire him. This manager testified he did not know why he was ordered to fire Michael, but he followed his orders. The general manager testified that he fired Michael for attending the public meeting and, when he made the decision, he was not aware of his “very good” work evaluation.

The Idaho Supreme Court upheld the lower court’s ruling that the First Amendment to the U.S. Constitution does not establish a “public policy” supporting free speech/free association. Thus under Idaho’s “at-will” doctrine where an employee can be fired at any time for any reason so long as it doesn’t violate “public policy,” the Idaho Court held that the firing was fine because free speech/free association is not a public policy of Idaho, and apparently not any state other than Montana.

The lone dissent on Idaho’s Court warned that “allowing employers to terminate employment based on an individual’s association and speech regarding public issues . . .invites employers to squelch the association, speech and debate so necessary to our system of government.” As Idaho’s largest daily paper, The Idaho Statesman, concisely stated in its editorial, “Supreme Court speaks: Shut up and get to work.”

The Idaho Court, during questioning by one of the members of the majority decision, clarified the extent of the ruling. He asked employer’s counsel whether Michael could be legally fired just for marrying a woman of color. The answer was yes!

http://www.opednews.com/kelso1203_shut_up.htm

[alapolitical]

1. Why don't we go ahead.....

and rename the country the Corparate Syndicate of America?

[acmavm]

2. We have now become a master/slave society, again. All the gains

made in regard to the right's of the working American public have now been nullified. We have been transported back into early 19th century America. Heil Halliburton!

[alexwcovington]

3. OMFG

I think even the North Dakota Courts could do better than that.

[Patriot_Spear]

4. This is obscene...

We need a REAL change in this country.

[Kremer]

5. I forwarded this to some friends yesterday!

My brother lives in Idaho and let me tell you Idaho is practically 100% conservatives! Wacko environmental hating, racist, bear hunting any kind of hunting loving conservatives. He's a dem and hates it! This is mindblowing.

[ayeshahaqqiqa]

6. This is scary

I don't think I want to even go near the state of Idaho after reading this....my German is very rusty, and I don't remember the Sieg Heil salute.

Surely this will be taken to the US Supreme court on 14th Amendment grounds.

[Hubert Flottz]

7. This does not surprise me!

The repubs have been union busting since the unions began! The Nazi party is alive and well!

[RPG-7]

8. it was an anti-environmental rally he went to!

"Save Elk City" on a google search came up as a group of people opposed to logging restrictions because they blamed them for a local mill closing down!

[CheshireCat]

18. Does it matter?

I don't care what kind of ralley it was. No one should be fired for their opinions.

(RPG-7, I'm not saying that it makes a difference to you. This is not meant as criticism of you. I appreciate the info you posted. Subject line is a rhetorical question for all who read this.)

[RPG-7]

19. no, of course not

I just think it's ironic that this guy probably votes republican, hates unions, and loved his "right-to-get-your-ass-canned" laws :shrug:

[Muddleoftheroad]

20. Of course they can be

Suppose I am the public face of a company -- let's say their PR director or something like that -- and in my free time I go out and campaign against my company. That interferes in my ability to do my job and can and should result in my termination in most places.

No rights are absolute. Employment is just like free association. You are free to do what you want, but if the employer doesn't like it, he can fire you. Just the same, the employer is free to do what he wants, but if you don't like it, you can quit.

[skypilot]

9. Idaho, another state that I wish would just...

...SECEDE!!!

[Kremer]

11. I hear you but it's actually very pretty. Accept it's repug heaven.

[Lindacooks]

10. In ANY state that has at-will

employment laws the situation is exactly the same. In Minnesota we have at-will employment laws and employees have no power at all. You can be fired at any time, with no notice, for any reason at all. If your boss doesn't like the color of your shirt you're gone. Most people aren't aware of this, and I don't know if this type of law will ever change. It's just insane.

[brook]

15. I had never heard...

of 'at will employment' until recently. It's part of my employers policy - and I'm in California. It hangs over you like an axe.

[mhr]

12. America Is Not A Democracy, It's A Corporate State!

Everything For Sale All The Time, including the citizens!

[Paschall]

13. Don't forget the call for contributions

<snip>

Mr. Edmondson needs help. His tragic story has been aired nationwide on CNN’s Newsnight with Aaron Brown and Thom Hartman’s nationally syndicated talk show. He needs your help, financially, in order to prepare and file the necessary documents so that he can place this issue before our U.S. Supreme Court. Time is short - less than 30 days. For a free America - help is needed now.

Send Contributions to:
Starr Kelso (Mike Edmondson Fund)
Employment Law Center
P.O. Box 1312
1621 N. 3rd Street
Coeur d'Alene, Idaho 83816-1312

Contact Information:
Starr Kelso
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

</snip>

[DivinBreuvage]

14. Why is everyone so upset?

What are you, race traitors? Do you want to practice racial suicide? It's high time we put a stop to this insidious threat of blood pollution that threatens to sap the Volkisch strength of our White Christian nation!!!

I wish the Republicans would stop pussyfooting around and just come out and be men about it. Come on, boys! You're having your convention on a New York cruise ship this year; why not give us the "New York Cruise Ship Laws"? I'll even get you started. How about these:

Law 1: The Law for the Protection of American Blood and American Honor

Section 1: Marriages between minorities and citizens of American or kindred blood are forbidden. Marriages concluded in defiance of this law are void, even if, for the purpose of evading this law, they were concluded abroad.

Section 2: Sexual relations outside marriage between minorities and nationals of American or kindred blood are forbidden.

Section 4: Minorities are forbidden to display the American and national flag or the national colors. On the other hand they are permitted to display the minority colors. The exercise of this right is protected by the State.

Law 2: The Homeland Citizenship Law

Article 2: A citizen of the Homeland is that subject only who is of American or kindred blood and who, through his conduct, shows that he is both desirous and fit to serve the American people and Homeland faithfully.... Only the citizen of the Homeland enjoys full political rights in accordance with the provision of the laws.

(The above are copied, with edits for geography, from the anti-Jewish "Nuremberg Laws" announced at a Nazi Party rally in 1935. For more info: http://www.us-israel.org/jsource/Holocaust/nurlaws.html)

Also -- I know I need to be explicit about this -- please note that I am being SARCASTIC in this post. I am in fact a white woman married to a black man, which, of course, is the bad and scary type of miscegenation. Rich white conservatives are advised that the Blood and Honor Law will make a "gentleman's exception" for forcing your attentions on the colored girls.

[depakid]

16. Someone should post this on FR

and see what they think (don't leave out the fact that the guy attended an anti-environmental whacko meeting). I'd be curious to see their responses.

Personally, I think the case will be reversed, but I don't have time to do the research, so I can't say for certain. Seems to me that this is an issue freedom of speech on a matter public concern that has no bearing on job performance or qualifications, so it's probably covered by the Civil Rights Act of 1964. Even in private sector at-will employment, management cannot fire someone for a prohibited purpose- which this likely is- and which marrying a person of a different race certainly would be.

[Just Me]

17. Free Speech/Association is NOT public policy???

Nope. Been that way for ever in at-will employment situations. It is definitely time for expanded protection in situations where the exercise is on individual (not business) time. This is especially so since there have been corporations encouraging (implicitly demanding) support from employees on political issues/policies, and since those corporations are tightly wound with government.

[smirkymonkey]

21. Let's move all the Pukes to Idaho,

force them to seceed, and then declare war on them.

(If Idaho spills over, we can extend it's boundaries to other red states).

[RobinA]

22. Nothing New Here

This is employment-at-will, and it has nothing to do with Idaho or this administration. Every state in the country will have "it doesn't violate public policy" cases like this.

And there is no public policy that guarantees free association or free speech. The Bill of Rights say, "Congress shall make no law...." It doesn't say non-government entities must respect either.

Don't flame me, I'm just the messenger.

[depakid]

23. Actually Congress has passed a number of laws

that prohibit private businesses (as well as state & local government entities) from engaging in various forms of wrongful termination, many of which spring from constitutionlly protected rights. Whether the 1st Amendment's freedom of speech & association provisions fall under any of their ambits- as freedom of religion does, I don't know yet, but I intend to look it up when finals are over.

[Moderator]

24. Hi, RPG. This is not really LBN....

please feel free to post in Editorials or GD....
Thanks!

DU Moderator

[BiggJawn]

25. "Employment at Will" laws are the boogey-man here.

Which also go by the innocent name of "Right to Work" laws....
They're actually "Termination at WHIM" laws.

Unions used to be able to protect you from the "I don't like your shoes. You're FIRED" bullshit.

[tom_paine]

26. Just like Commie China...

When talking to someone who was born and raised in Commie China, he said that was similar to treatment they get for speaking out gaainst the Leader at work.

And the Imperial Amerika march towards Totalitarianism inexorably continues...