6 ms·

> Furthermore, a private employer can require you to cooperate with a law enforcement or regulatory investigation as a condition of continued employment. .. Ho

> Furthermore, a private employer can require you to cooperate with a law enforcement or regulatory investigation as a condition of continued employment. .. How on earth is that possible?

Spooky23 9y ago
In the absence of a contract, your employment is at will and you can be terminated for almost anything. In many situations where you're covered by a collective bargaining agreement, you're protected by this sort of thing an can have a union attorney involved before this happens.
omginternets 9y ago
Because "people who don't want to cooperate with law enforcement" isn't a protected class. Under US law, the default answer to the question of whether your employment can be terminated for <insert cause here> is "yes".
- aleksei 9y ago
  But how does the employer even find about this? How does the employer determine cooperation? Surely LEO can't blackmail you into cooperation by going to your employer first?
  - omginternets 9y ago
    >But how does the employer even find about this? If he doesn't find out, I guess he can't fire you for it. I'm not sure I understand what the underlying question is... >How does the employer determine cooperation? Completely arbitrarily. You can be fired for just about anything that isn't explicitly prohibited (e.g. being Black). In the case of "at-will" employment, I can fire someone for literally no reason at all. I can wake up on the wrong side of the bed at 7:00 AM, decide Joe Schmoe is responsible (or not... that guy just gets under my skin), shit shave and shower, then roll into the office at 9:00 and give him the ax. So, to answer your question, if the I overhear my neighbors gossiping about how you didn't cooperate with police, that's as good a criterion as any for firing you. >Surely LEO can't blackmail you into cooperation by going to your employer first? Think again. In principle, police can threaten to tell people you didn't cooperate. I don't know how often this happens but it's perfectly legal to do so.
  - gbacon 9y ago
    The events aren’t independent: in the scenario, the fuzz started with the employer who directly or indirectly suggested talking to the employee.
  - Spooky23 9y ago
    Example: You're an IT guy who manages your company's MacBooks, including the FileVault institutional decryption key. A fellow employee is being investigated for a crime, say possession of child pornography. You have no knowledge of what is or isn't happening on the computer. Your management directs you to cooperate with the Federal Agent, answer questions, and provide technical assistance as required. You refuse without advice of your personal counsel. End result: You are terminated for insubordination.
coldtea 9y ago
'murica.
rocqua 9y ago
I'd guess if you need security clearance for your job?

> Furthermore, a private employer can require you to cooperate with a law enforcement or regulatory investigation as a condition of continued employment. .. How on earth is that possible?

Spooky23 9y ago

In the absence of a contract, your employment is at will and you can be terminated for almost anything. In many situations where you're covered by a collective bargaining agreement, you're protected by this sort of thing an can have a union attorney involved before this happens.

omginternets 9y ago

Because "people who don't want to cooperate with law enforcement" isn't a protected class. Under US law, the default answer to the question of whether your employment can be terminated for <insert cause here> is "yes".

aleksei 9y ago
But how does the employer even find about this? How does the employer determine cooperation? Surely LEO can't blackmail you into cooperation by going to your employer first?
- omginternets 9y ago
  >But how does the employer even find about this? If he doesn't find out, I guess he can't fire you for it. I'm not sure I understand what the underlying question is... >How does the employer determine cooperation? Completely arbitrarily. You can be fired for just about anything that isn't explicitly prohibited (e.g. being Black). In the case of "at-will" employment, I can fire someone for literally no reason at all. I can wake up on the wrong side of the bed at 7:00 AM, decide Joe Schmoe is responsible (or not... that guy just gets under my skin), shit shave and shower, then roll into the office at 9:00 and give him the ax. So, to answer your question, if the I overhear my neighbors gossiping about how you didn't cooperate with police, that's as good a criterion as any for firing you. >Surely LEO can't blackmail you into cooperation by going to your employer first? Think again. In principle, police can threaten to tell people you didn't cooperate. I don't know how often this happens but it's perfectly legal to do so.
- gbacon 9y ago
  The events aren’t independent: in the scenario, the fuzz started with the employer who directly or indirectly suggested talking to the employee.
- Spooky23 9y ago
  Example: You're an IT guy who manages your company's MacBooks, including the FileVault institutional decryption key. A fellow employee is being investigated for a crime, say possession of child pornography. You have no knowledge of what is or isn't happening on the computer. Your management directs you to cooperate with the Federal Agent, answer questions, and provide technical assistance as required. You refuse without advice of your personal counsel. End result: You are terminated for insubordination.

coldtea 9y ago

'murica.

rocqua 9y ago

I'd guess if you need security clearance for your job?