Railroad Worker Claims He was Fired for Refusing to Pray

[The Straight Story]

Railroad Worker Claims He was Fired for Refusing to Pray

James Dunkin is suing his employer, the Burlington Northern Santa Fe Railway Company (BNSF), because he claims he was fired for not participating in prayer meetings. Furthermore, Dunkin says his boss, shop superintendent Jeff Kirby, handed out religious materials containing “instructions for raising ‘masculine sons and feminine daughters,’” and declaring that it is a sin for married couples not to have children. Dunkin also says that Kirby disclosed Dunkin’s personal health information to co-workers.

Dunkin, who had been with BNSF since 1996, was working as a general foreman in the Glendive, Montana, diesel shop when the incidents occurred. A Christian, Dunkin initially did attend the prayer meetings, but stopped because he felt uncomfortable with Kirby’s interpretation of Christianity. After Dunkin complained, he was transferred to Kansas City, Kansas, and demoted to a lower pay grade.

http://www.allgov.com/Controversies/ViewNews/Railroad_Worker_Claims_He_was_Fired_for_Refusing_to_Pray_110120

[XanaDUer]

1. K'd and R'd

nt.

[upi402]

2. I was laid off for my Darwin fish plaquard on my car

Boss sat me down and lectured me as he sacked me - it was 'like a stick in his eye'. That 'Xtians were repressed and it was a secret symbol'.

I didn't waste breath asking why Xtians want to control and repress others now- if they didn't like it done unto them in the past.

I hope Jesus comes back and kicks some ass. And I hope there's a real hell too!

[whathehell]

6. Just have to ask....

Do you live in a red state?

I live in a blue state (with red areas, of course) but I honestly can't imagine this happening to me.

[Zephie]

10. My husband was once fired after people left chick tracts in his employee box

The employer didn't bother calling and he went into work to see "No more (Husband's name)! YAY!" He raised hell and got his job back, only for them to fire him under the pretense of stealing that they never did have any evidence for.

He got a better job a month later, so in the end I guess we won.

[TorchTheWitch]

20. what in the world is a chick tract??? n/t

[Zephie]

23. Take a look at the most hateful thing to ever grace children's halloween candy bags

http://www.chick.com/default.asp Enter with caution.

These little gems are evangelical "comic books". People can order them from that website and distribute them at will. Every year a few of them wind up in children's candy bags at halloween. I remember finding my first one in mine when I was 10 while at a macdonalds with my friends after trick or treat. It was a pretty horrifying thing when you think you've found a comic and instead get one of... those things.

My husband and I are openly pagan, and his boss and two of his coworkers were evangelical. We don't know which of them did it, but as corporate gave him his job back and moved him to a different location and my mother went to the same church as the boss in question and was the one who got my husband the job in the first place, we didn't pursue it (I regret that now).

[rationalcalgarian]

31. Wow

Just followed the link and sampled a couple of those. Pretty vile stuff. And some people hand this despicable crap out to children?

[krabigirl]

24. Wow..i hate hearing stories like this. So sick of fundies and their persecution complex.

They are the ones who persecute.

[Brickbat]

3. Um, yikes, there was also this:

On one occasion, Kirby stood in his office with his door open and his pants down, and stared at Plaintiff in a suggestive manner.

[whathehell]

9. Oh, that's a nice touch...

Perhaps he was praying to keep his Sinful Desires at bay.:eyes:

[LynneSin]

13. Gotta love the 'pray away the gay' method

:eyes:

[whathehell]

16. I know...

did you see Tracy Ullman's take on it?..Pretty funny.

[MineralMan]

4. Well, it's a small punishment,

compared to burning in Hell for all eternity, eh? :sarcasm:

[whathehell]

5. I do hope he WINS the lawsuit....This is absurd, not to mention

illegal in the extreme.

What the fuck happened to the country I grew up in?...I feel like we've all died

and gone to Hillbilly Hell.:banghead:

[OwnedByFerrets]

7. Here in Alabama, we are a "right to work" state...a misnomer if

there has ever been one. I believe it would be perfectly legal here. We are told that we can be fired for ANY reason. We have NO rights.

[whathehell]

8. That IS awful....

One of the reasons I'm glad I don't live in the South...I don't mean to offend, but the South has always

tended to be anti-union.

[proud2BlibKansan]

11. Same in Kansas

This guy probably won't win his lawsuit.

[Brickbat]

14. You are describing at-will employment. "Right to work" means membership in a union is not a

prerequisite for employment.

[OwnedByFerrets]

25. You are correct, of course, but here both phrases are lumped in

together. It doesnt change the fact that we have very few rights as workers. Thanks for the correction.

[Brickbat]

26. It drives me up the wall that the terms are used interchangeably. They are very different concepts

and people do need to know the difference. We do have many rights as workers; we just have to exercise them and not be afraid.

[OwnedByFerrets]

35. Well, the right I have at this particular moment is to take what they

shovel out. They couldnt care less if I were to quit and I certainly cant find another job in this economy that pays more than Walmart wages. So, like millions of others, I am just happy I HAVE a job.

[madmom]

15. We call them "right to work..for less" states.

[TorchTheWitch]

18. That's the "At Will" employment law

Different from the "right to work" law. ALL states are "at will" states though some have certain minor exceptions, however, the only state that requires that there be good cause to fire an employee is Montana. It is the "at will" law that allows employers to terminate employees for any reason or no reason except for those exceptions like race, gender, religion, age, etc. Of course, the "no cause" provision means a person can be fired for reasons like race, gender, religion, age, etc. and not know it because the weren't given any reason at all as to why they were fired.
http://employeeissues.com/at_will_states.htm

The "right to work" law has to do with unions, specifically in that they prohibit agreements between labor unions and employers making membership or payment of union dues or fees a condition of employment, either before or after hiring. Twenty-two states have this law nearly all of which are in the southern and western states.
http://en.wikipedia.org/wiki/Right-to-work_law

In the case of the OP it would be the "at will" law that is at issue particularly seeing as we have no idea whether or not the employee was in a union. Considering what happened to him, I'm not seeing how he could have been in a union. I'm not sure but he may have a case because of the religion exception.

[uponit7771]

22. RTW does not mean title 9 laws are nulified

[MedicalAdmin]

27. That is correct.

A union lawyer I know once related the following story at a party. If I am remembering it correctly it happened in Alabama.

A boss called an employee into his office and handed him a .357 magnum pistol. The boss told him to go and kill his wife. The employee refused and was fired on the spot. He went to the police and was told it was a he said/he said situation. He checked with a lawyer about wrongful termination and there is nothing he could do about it.

So to recap a boss attempted to force an employee to commit murder, was rebuffed, fired the employee and got away with both.

Ya gotta love America - new motto: it's just like Somalia but with better roads and more white folks.

[1monster]

33. Yes, you can be fired for any reason or no reason. But if they fire you for "reason," they have

to be able to back it up with evidence if their reason was some kind of malfeasance.

For example, if the boss fired you and his/her reason was, "I don't like the way his eye brows grow," then he/she is safe under the law.

If he/she fires you and for alleged theft, then he/she had better have very convincing evidence to back it up. Without that, you can sue the pants off the boss for a whole bunch of different offences which could have negative repercussions on you future ability to get a job and your reputation among other things.

[LeftinOH]

12. Hello, Railroad Workers' Union! Please tell me he belongs to one.

[elleng]

30. I'm sure he does; they all do, its a strong union, and will protect him,

assuming they've been contacted.

[neverforget]

17. I'm from Glendive, Mt and my dad worked for BN there (53-81) until he transferred

to Billings in 1981. From the stories my dad told me before he passed away, that place has changed dramatically. The guys he worked with were hell raisers and not do-gooders. But that was nearly 40 years ago.....

[MedicalAdmin]

28. It doesn't sound like there are any do-gooders there now.

Not much has changed.

[RegieRocker]

19. Good Morning America

not the land of the free. We do not truly believe in the constitution only what applies to us. What we perceive and justify. It's hard waking up.

[Blue Owl]

21. now that ain't right

:wtf:

[elleng]

29. STRONG union, and Federal Regulation should take care of this,

if handled properly.

[paulk]

32. his promotion to general foreman may have made him

management and not union.

Still - it seems he has a strong case...

[lame54]

34. They fired the wrong guy