San Diego Woman Fired for Air America Bumper Sticker

[kpete]

Woman Fired for Air America Bumper Sticker
Posted by Eric Jaffa
March 9, 2006 @ 7:55 am


In San Diego County in California, a woman has filed a lawsuit claiming she was fired by Advantage Sales and Marketing, Inc. for the radio-station bumper sticker on her car.

Laroca, who was hired by the company as a sales representative, is seeking lost wages and damages for wrongful termination for violations of both public policy and the state labor code. She is also claiming state constitutional violations and emotional distress.

The California labor code prohibits employers from controlling or directing the political activities of employees.

According to Laroca’s suit, the bumper sticker in question read only: “1360 Air America Progressive Talk Radio.“

The nationwide syndicated radio programming from left-wing Air America, which describes itself as “progressive entertainment talk radio” features show hosts such as comedian and author Al Franken. The network programming is carried locally by radio station KLSD 1360 AM.

…Laroca asserts that on Oct. 8, <2005> three weeks after she started working for the marketing company, Fath called her on a Saturday and requested they meet at a nearby grocery store parking lot so Laroca could pass on some documents Fath needed.

During the brief encounter, Laroca charges, the manager pointed to the bumper sticker —- the only one on Laroca’s car —- and remarked that it was a new sticker and called it “that Al Franken left-wing radical radio station.“

Laroca alleges in her suit that Fath then told her, “The country is on a high state of alert. For all I know, you could be al-Qaida.“

..........................

http://www.speakspeak.org/speak-blog/

[Roland99]

1. Well, now we know the type of person making up that 34%

[rocktivity]

2. Listening to a radio station is NOT a political activity.

Sue 'em inside out!!!

:headbang:
rocknation

[cantstandbush]

3. Shouldn't Fath also be sued for threatening her? Accusing someone

of being al-Qaeda is just like a threat to me.

[TallahasseeGrannie]

4. I think she is going to get some money out of this

and she should.

[roguevalley]

20. this company needs to remove this dimwitted idiot from their

employ-the one accusing her that is. What a total cretin.

[KharmaTrain]

26. If The Car Was A Condition Of Employment...She'll Collect

If this were a company provided car, then the employer would have a bitch. But if she can prove that she was terminated strictly due to the bumper sticker this is a pretty open and shut case...I doubt any lawyer worth his salt would want to take this to a jury and a judge would waste court time and money in letting it procede. She'll get some money out of this and that asshat will brag to his country club buddies how he really showed her.

[neuvocat]

34. Practically is.

Public transportation is at a bare minimum here. However even if it were available, she shouldn't be required to use it to get to work or to meet up with prospective clients.

[cascadiance]

38. Some positions give sales people car allowances...

If that is the case, then arguably the company is providing money for them to conduct company business in their car, and might have some beef as to establishing rules for how they use their car to get that money. There might be more of an argument there too in that case. Without a company car or without any sort of compensation for the persons' car, then the company is out of luck.

[NaturalHigh]

5. Have these people ever heard of free speech?

I don't care if she had an Air America sticker or a Rush Limbaugh sticker. How is this relevant to her job?

[Kerrytravelers]

6. Can you image one of us firing someone for a stupid W 04 sticker?

Oh, the righteous indignation and outrage we would suffer!

[Cults4Bush]

8. I was smiling at the thought of it actually!! I get to fire anyone who

doesn't politically agree with me! Yay yay yay!!!

Just being sarcastic , civil rights abuses piss me off no end. Repubs love it though.

[EVDebs]

17. ROFLMAO ! Bwah-hahahahahahah ! Hoist 'em on their own petards nt

[Sydnie]

7. Could they use this to get around her suit?

I have some "experience" with Advantage. I know that they usually pay their retail reps a "car allowance" monthly in lieu of a mileage reembursment. Could they say that they were effectively 'renting' her vehicle from her and therefore they have a say in what that vehicle sports for a bumpersticker?

I know that most of the people that I know that have worked for Advantage never had any type of bumpersticker on their cars at all.

Could they use that as a way to derail her? :shrug:

[Kerrytravelers]

10. Did they ask her to remove the sticker while on company business?

Is the car marked so when driving, people would know she's representing Advantage? Was she giving an adequate amount of time to make the required changes? Is the rule the same for everyone, or only those with liberal stickers? If not, then I doubt they have much to defend themselves.

[Eric J in MN]

13. She says her manager fired her on the spot (nt)

nt

[Sydnie]

22. Not to mention that usually it is a five day a week job

the stores don't want you in there messing with product on a Saturday, so she must have been there, as she stated, to meet the boss for paperwork for the following week. She was "on her own time", although most of these jobs are salaried.

I hope she gets some relief from this boss's discriminating actions.

[rman]

9. "could be" al-Qaida ; guilty and convicted untill proven innocent -

pre-emptive job termination - that's the way to deal with "could be" terrorists (instead of alerting authorities). Typical RW logic.

Besides, it's not like Al-Qaeda is left-wing is it? They are more like RW reli-fundies than anything else.

[klook]

11. "Living Our Values"

Looks like this idiot violated #1 in the company's Values policy:

Associates: Value all ASM Associates and provide a workplace environment based upon dignity, trust, and respect.
-- http://www.asmnet.com/command/values_mission.cfm

Somehow I don't think firing somebody for having a bumper sticker on their car that doesn't conform to a manager's political beliefs is "based upon dignity, trust, and respect."

[WillyT]

25. And Here Are The Phone Numers For ASM's Executive Team !!!

Executive Team

Sonny King, CEO
949.797.2900

Mike Sunderland, President and COO
813.342.9400

Mark Meyer, President, Client Services
949.797.2900

Jay Wallace, SVP Emerging Markets
512.437.4800

Tanya Domier, President, INtegrated Marketing
949.797.2900

Paul Veliquette, VP, Channel Markets
949.797.2900

Kevin Heffernan, DVP - Northeast
201.825.9400

Luther Pitts, DVP - Southeast
704.587.0035

Dave Arbanas, DVP - West
503.624.0624

Doug Geske, DVP - Central
847.593.5990

Todd Baird, VP, Retail
214.647.6000

Bob Vesely, CFO
949.797.2900

Peter Holton, CIO
201.825.9400

Stephanie Neuvirth, VP, Human Resources
949.797.2900

Sandy Yob, VP, Administration
616.784.3308

Tania King, General Counsel
949.797.2900

Dean Hampton, VP Strategic Sourcing
949.797.2900

Dean Gray, VP Client Teams - Grocery
949.797.2900

Terry Pangallo, VP, Client Teams - Perishables
949.797.2900

George Ganzenmuller, VP, Client Teams - Unilever
508.698.5700

Michael O'Keefe, VP, Client Teams - Perishables
201.825.9400

And then there's their...

Divisional Contacts

Dave Arbanas
Division Vice President, Pacific West
504.624.0624

Doug Geske
Division Vice President, Central
847.472.6594

Kevin Heffernan
Division Vice President, Northeast
201.316.8702

Luther Pitts
Division Vice President, Southeast
704.587.0035 ext. 15061

Paul Veliquette
Executive Vice President, Channel Markets
949.797.2956

Todd Baird
Vice President, Retail Sales
214.647.6024

Jay Wallace
Senior Vice President, Emerging Business
512.437.4900

Tanya Domier
President, INtegrated Marketing Services
949.797.2905

Dave Frey
Regional Director of Marketing, PromoPoint Marketing
813.342.9440

Link: http://www.asmnet.com/command/contact_executives.cfm

and

Link: http://www.asmnet.com/command/contact_divisional.cfm

Give 'em a call. Tell 'em what you think of Beverly Fath, and ask them if thier company stands by that type of behavior.

:evilgrin:

[Inland]

12. Here in Ilinois, she'd be SOL.

It's just the case. Employment at will and all that. The only thing that you can't be fired for is discrimination on race, sex, sexual orientation, nationality, veteran status, and religion. Oh, and for smoking.

[EVDebs]

18. Get ready for more with Bush's RFIDs and background checks

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=2025401

All liberals will be out of work soon.

[Eric J in MN]

14. my blog article on this

http://www.speakspeak.org/speak-blog/2006/03/09/woman-fired-for-air-america-bumper-sticker/

This type of incident is one of many reasons why I oppose a proposal by Senator Mike DeWine (R-OH) to let the the White House write its own (secret?) list of terrorist organizations, under which suspected members can be wiretapped without warrants. I don’t trust that the White House would cast a narrow net.

This isn’t the first or last incident of dissent and terrorism being conflated.

Deputy White House Chief of Staff Karl Rove said that “Liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy.” The White House supported that remark.

The Denver, Colorado police have labelled the Quakers’ American Friends Service Committee as “criminal extremists.”

[kpete]

15. Great site!

[Eric J in MN]

37. Thanks. Feel free to post Comments there (nt)

nt

[cascadiance]

23. Damn, I'll know not to do business with them down here!

Can't get to your blog site. Seems to be down at the moment or I'm somehow being blocked. I don't see her first name here, or other means to contact her. Perhaps our Dem group here can help her out too in Mira Mesa!

Hell, I hate to think what that company would have done with me and my bumper stickers that I have going through San Diego County every day for the last six months or so.

(and a Francine Busby for congress sticker)

I wonder if I was pissing off her boss one day driving by him! :)

[Eric J in MN]

36. here is the start of what I have at SpeakSpeak

In San Diego County in California, a woman has filed a lawsuit claiming she was fired by Advantage Sales and Marketing, Inc. for the radio-station bumper sticker on her car.

(Linda) Laroca, who was hired by the company as a sales representative, is seeking lost wages and damages for wrongful termination for violations of both public policy and the state labor code. She is also claiming state constitutional violations and emotional distress.

The California labor code prohibits employers from controlling or directing the political activities of employees.

According to Laroca’s suit, the bumper sticker in question read only: “1360 Air America Progressive Talk Radio.“

[EVDebs]

16. She can use Wm. F. Buckley, Jrs' It Didn't Work article in Natn'l Review

to assist her in her case ! As more Bushites jump ship they'll want liberals help in finding which policies actually work . Practicality was never these guys strong suit. Neocons would have to jail half the country to make them happy...really practical, huh ?

Liberals just let conservatives run freely since the stupidity of their policies and ideas become readily obvious for all to see. Like, right now for instance.

[ihaveaquestion]

19. I wonder what they'd do to me - with my DU sticker?

Guess lynching isn't too far off the mark!

[Blue Poppy]

21. It sounds like the SD repukes are all pissy because their boy

Randy "Puke" Cunningham was found out.
My mother in East County is finally coming around to the progressive way of thinking. She has voted repuke in the past solely because of abortion :eyes:

BTW, the link to that blog didn't work for me.

[maveric]

39. My RW neighbor says that Duke was treated unfairly. "They all do that...

He just got caught."
Just like the dumb response to Nixon/Watergate.

[noonwitch]

24. If he doesn't like it, he should provide a company car for business calls

Otherwise, it's her car and he should shut up about her sticker.

[meganmonkey]

27. I had a realtor with a "W" sticker show me a couple properties once

I decided not to use her services because of it.

I can see why a boss may be concerned, depending on whether or not the customer would actually see her car. I could see a boss trying to have a conversation with her about it.

But firing someone for a bumper sticker on her own car? Hell fucking no!!!

[FreedomAngel82]

28. Oh good grief

But I betcha they can have their O'Reilly stickers eh? I hope she sues their damn asses.

[Mayberry Machiavelli]

29. News Link: North County Times

http://www.nctimes.com/articles/2006/03/09/news/sandiego/20_24_273_8_06.txt

[bliss_eternal]

30. Faux news must be so proud...

...their brainwashing efforts are having an effect on someone. :eyes: What that guy said to her about her bumpersticker sounded like something they would say, verbatim.

[Buddyblazon]

31. I am a boss....

I am the local HR dept (as well as being the Management, Sales, Shipping AND Receiving).

I hire who I want to hire. And though my staff is never bigger than 7-8 people working sporadically and part-time (most of them second jobs for a little extra income)....I somehow have NEVER hired a Bush supporter.

I don't screen people. In fact, the thought of asking someone what their political preference in an interview has never crossed my mind.


But somehow I've been amazingly lucky. You work closely with someone for awhile and it's inevitable that you discover where the stand with their politics. And I don't know how...but I just have never brought one of them on.

Does that make me a bad guy?

[Kerrytravelers]

33. If you hired or fired on this basis- yes.But you said you don't, so you're

not a bad guy at all--- but it seems a very, very, very lucky guy.

[stlsaxman]

40. You were probably impressed by their humanity... so you hired them.

Right-wing nut-jobs have no humanity. You can see it in their vacuous stare.

[lies and propaganda]

32. al Qaeda? Are you fucking kidding me?

That is hysterical, hope she gets bank from it.

[cascadiance]

35. The bottom line is her results if she's in sales...

It's one thing to be concerned about offending a sales reps customers. Sales reps themselves should be professional about how they sell themselves. They should know what works and what doesn't. In most cases, unlike other careers, sales numbers are the real measure of performance. If someone is able to sell merchandise well, then they are doing the right things. If they are putting on Air America bumper stickers on their car in the process, then either it isn't hurting them to the point of making for negative sales performance, or it is actually potentially helping them in some instances and should therefore be encouraged. If she got fired for poor sales performance, then that is another thing altogether. If it was her bumper sticker that caused that problem with the clients she served, then so be it. She should understand the penalty of doing things that don't help the sales process if she doesn't make her numbers. But the sales manager can't fire someone just for having a bumper sticker, but should point the sales numbers problems as the reason for being fired.

The Sales Manager, if firing someone, should basically explain that they aren't getting the desired sales performances from that person and that would be it. If the rep asks the manager what they think she's doing that is wrong, that might be a point that the manager could tactfully say that they might want to think about not looking too opinionated about things to their clients which might drive some away, and then point out the Air America sticker as an example in a non-judgemental fashion as an example that might offend some customers. It could be argued though that it might just as well help equal or more sales too.

Don't know if that's what happened here, but that would be the only way I think that bringing this bumper sticker up in an employee performance discussion would be appropriate.

[Sarah Ibarruri]

41. Look at their website mission statement, but sit down first.

http://www.asmnet.com/command/values_mission.cfm



LIVING OUR VALUES

Advantage Sales and Marketing has established values that support an organizational culture of excellence and development. In our rapidly changing world, these values provide the focus we need to sustain a high performance culture and reinforce innovative and ethical business practices. These values are modeled throughout the organization, from senior leaders to front-line supervisors.

Our associates are introduced to these values during the new hire orientation. Managers reinforce these values as they work with their team members throughout the year. The values are part of ASM's Performance Assessment process. These cultural values are woven through our processes and daily work. As Aristotle wrote, "We are what we repeatedly do. Excellence then is not an act but a habit."


Associates: Value all ASM Associates and provide a workplace environment based upon dignity, trust, and respect.
Continuous Development: Provide an environment for learning, development, and the fulfillment of personal ambitions and professional goals.
Diversity: Promote diversity of thought and approach while embracing team work and organizational unity.
Integrity: Establish and achieve the highest levels of integrity in all business and personal interactions.

[mark11727]

44. I laughed out loud at this one...

Promote diversity of thought and approach while embracing team work and organizational unity.

Sure...

One employee can prefer Rush (radio), another can prefer Fox (cable), and another can prefer Coulter (books)...

...ain't that diverse enough for ya?

[immoderate]

45. This is code. They're control freaks.

--IMM

[Fluffdaddy]

42. What's happening to our Country ?

[WillyT]

43. Apparently... WE SUCK...

But I'm thinkin we can fix it!

:shrug: