View Poll Results: Should you be fired for how you voted in a election or ballot issue?

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  • Yes

    4 7.55%
  • no

    49 92.45%
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Thread: Should you be fired for how you voted in a election or ballot issue?

  1. #21
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by rsixing View Post
    Am I just misreading what you have written Jerry?

    AFAIK "At Will" employment allows employers to fire anyone for any cause other then those protected by Federal and State job discrimination laws or if you've complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace.

    Also you can't be fired for exercising a variety of other legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury.

    ISTM "At Will" employment gives a great deal of latitude to employers to terminate and if they want to terminate because you disagree with them politically and exercise that disagreement through your vote it's totally legal as long as they have not prohibited you from exercising that right.
    It's this simple:

    Even assuming that voting against gay-marriage is discrimination, it didn't happen on-the-job, on-the-clock, or on company property. Therefore the employer has no authority to terminate.

    Even assuming that voting against gay marriage is discrimination, Americans have the basic Civil right to vote their conscience free from harassment or fear or recourse from or by any party.

    Even assuming that voting against gay-marriage is discrimination, American's have the basic civil right to keep their vote private and Americans have the basic civil right to be free from harassment in the workplace.

    If voting against gay-marriage is discrimination, then voting against gay-marriage it is illegal. If an option on the ballot is illegal, the initiative is a fraud and the state is liable to the People and the Federal government.

    Either the state has committed a crime or the employer has committed a crime.

    Who do you think the courts will side with?

  2. #22
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by Jerry View Post
    It's this simple:

    Even assuming that voting against gay-marriage is discrimination, it didn't happen on-the-job, on-the-clock, or on company property. Therefore the employer has no authority to terminate.
    The employer has every and the only authority to terminate someone. The fact that something didn't happen on the job doesn't mean it can't be used to make a determination to terminate. If a person is arrested for theft, for example, misses no time off work and didn't steal from the company, a person could be fired for it.

    Quote Originally Posted by Jerry View Post
    Even assuming that voting against gay marriage is discrimination, Americans have the basic Civil right to vote their conscience free from harassment or fear or recourse from or by any party.
    This is just not true.
    Free from harassment or fear or recourse by the government I would agree with. To claim anything else would put one person's right before another's.
    Quote Originally Posted by Jerry View Post
    Even assuming that voting against gay-marriage is discrimination, American's have the basic civil right to keep their vote private and Americans have the basic civil right to be free from harassment in the workplace.
    The problem here is that the person DIDN'T keep their vote private. They should have kept their mouth shut and explained to the people that he wasn't comfortable talking about politics at his job.
    Or if he knew it was a big issue, he shoulda lied and told them he voted against it.

  3. #23
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by Jerry View Post
    It's this simple:

    Even assuming that voting against gay-marriage is discrimination, it didn't happen on-the-job, on-the-clock, or on company property. Therefore the employer has no authority to terminate.

    Even assuming that voting against gay marriage is discrimination, Americans have the basic Civil right to vote their conscience free from harassment or fear or recourse from or by any party.

    Even assuming that voting against gay-marriage is discrimination, American's have the basic civil right to keep their vote private and Americans have the basic civil right to be free from harassment in the workplace.

    If voting against gay-marriage is discrimination, then voting against gay-marriage it is illegal. If an option on the ballot is illegal, the initiative is a fraud and the state is liable to the People and the Federal government.

    Either the state has committed a crime or the employer has committed a crime.

    Who do you think the courts will side with?
    I think it's even simpler then this...At Will employment allows employers to terminate their employees for no reason whatsoever. I don't believe this law suit will be found to have merit and will be dismissed thus protecting the rights of the employer.
    Last edited by rsixing; 01-01-09 at 05:20 PM.

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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by Phoenix View Post
    The employer has every and the only authority to terminate someone. The fact that something didn't happen on the job doesn't mean it can't be used to make a determination to terminate. If a person is arrested for theft, for example, misses no time off work and didn't steal from the company, a person could be fired for it.

    This is just not true.
    Free from harassment or fear or recourse by the government I would agree with. To claim anything else would put one person's right before another's.

    The problem here is that the person DIDN'T keep their vote private. They should have kept their mouth shut and explained to the people that he wasn't comfortable talking about politics at his job.
    Or if he knew it was a big issue, he shoulda lied and told them he voted against it.
    Quote Originally Posted by rsixing View Post
    I think it's even simpler then this...At Will employment allows employers to terminate their employees for no reason whatsoever. I don't believe this law suit will be found to have merit and will be dismissed thus protecting the rights of the employer.
    Having faith in the general public and the common Man, it is my firm belief that when the average person is given information they perhaps did not already possess, that their views may adjust to reflect the new information.

    The concepts you each possess are not without merit, and are in fact the case exactly, in the majority of States. After researching the issue I admit my error in assuming that the Federal government prevented private employers from political discrimination against their employees. It appears that this is a State issue.

    Workplace Fairness - Retaliation: Political Activity
    Unlike many state and federal employees, most employees in America working for private employers do not have any legal protection against discrimination on the basis of political affiliation or activity.

    <snip>
    This specific employer, residing in California, must comply with the following:

    CA Codes (lab:1101-1106)

    1101. No employer shall make, adopt, or enforce any rule,
    regulation, or policy:

    (a) Forbidding or preventing employees from engaging or
    participating in politics or from becoming candidates for public
    office.

    (b) Controlling or directing, or tending to control or direct the
    political activities or affiliations of employees.


    1102. No employer shall coerce or influence or attempt to coerce or
    influence his employees through or by means of threat of discharge
    or loss of employment to adopt or follow or refrain from adopting or
    following any particular course or line of political action or
    political activity.


    <snip>
    Terminating an employee for the expressed and sole reason of lawfully casting a vote in opposition to the employer’s political views is a clear violation of this statute.
    Last edited by Jerry; 01-01-09 at 11:13 PM.

  5. #25
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    Re: Should you be fired for how you voted in a election or ballot issue?

    This is one of those thing I have to not only say no to, but F**K no. I don't agree with the way these people vote , but job dependency on how you vote radically undermines the democratic process.
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    Re: Should you be fired for how you voted in a election or ballot issue?

    If I found out that the secretary in my practice was secretly a racist or something like that, I would fire her immediately. I don't really care if the law thinks it's right or not. I'm not paying a racist with money that comes from my private practice. If the government comes after me, I'll just make up some other excuse, like it was poor job performance. That's what most employers do anyway, or when they're hiring you and find you undesireable they simply make up some other reason.

    The laws are designed to save face so that the employers can't tell you to your face the real reasons why they're not hiring you, or firing you. They can make up any reason they want, it's their business. If you're a nut or someone offensive, they won't want you around.

    As it pertains to this... it is foolish to brandish your political beliefs at your workplace anyway. It's not professional.

  7. #27
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by rsixing View Post
    I think it's even simpler then this...At Will employment allows employers to terminate their employees for no reason whatsoever. I don't believe this law suit will be found to have merit and will be dismissed thus protecting the rights of the employer.
    Normally I agree that employers should be able to terminate people for any reason or for no reason...but this is an exception. The whole point of democracy is for each person to vote their conscience. If instead they vote their employer's conscience, then we no longer have a democracy but an oligarchy of business owners.

    The people who voted for Proposition 8 are despicable human beings for whom I have no sympathy. This kind of hatred should never have made its way onto the ballot in the first place. Nevertheless, it could've just as easily been some other kind of proposition or the shoe could've just as easily been on the other foot. The democratic system doesn't work properly if workers' jobs are on the line depending on how they vote.
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  8. #28
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by Jerry View Post
    No such right exists.

    "At will" employment has its definitions and limits, and political lean is not grounds to terminate.
    Georgia, for example, is a "right to work" state, but there are wrongful termination statues. This would definately violate that. What good is democracy when your employer can tell you who/what to vote for or your lose your job? Unfortuantely, there are many instances here in Taiwan where businesses told their employees to vote for Ma for president a few months ago. Look where that got them....
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  9. #29
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by dragonslayer View Post
    Anyone who voted for Gearge W. should be killed, and exiled to Texas.
    How can you exile someone to Texas after killing them? Living, I wouldn't mind being "Exiled" to Texas. It is a wonderful place to live.
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  10. #30
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    Re: Should you be fired for how you voted in a election or ballot issue?

    Quote Originally Posted by rsixing View Post
    I think it's even simpler then this...At Will employment allows employers to terminate their employees for no reason whatsoever. I don't believe this law suit will be found to have merit and will be dismissed thus protecting the rights of the employer.
    I can't speak for every state, but this is NOT the case in Georgia. All workers, contract or at will, are protected by wrongful termination statutes that are on the books. The employer must show reason for termination - and a vote on a referendum would not pass muster - at least not in Georgia.
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