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>And since they appear to have used the willful misrepresentation of what he wrote as the reason. Wouldn't this help Google's case. Employers are allowed to fi
by gizmo686 9y ago
>And since they appear to have used the willful misrepresentation of what he wrote as the reason.
Wouldn't this help Google's case. Employers are allowed to fire at will employees for any reason, or no reason, except for specific reasons specified in law.
As far as I am aware, there is no law against fire an employee for being publicly accused of engaging in political speech (or whatever other behaviour Google wants to cite). The laws are only speak to fireing in retaliation for actual conduct.
Of course, this might be one of those cases where the courts take a more holistic look and determine that the laws also protects employees accused of the behaviours, regardless of if they engaged in them. Also, while the memo was misrepresented, the misrepresentation is not so egregious as to make this a slamdunk arguement in this case, even if it were an accepted legal theory in general.
- mpweiher 9y agoGood points. My thinking was that they specifically said CoC violations and then used misrepresentations of his writings (writings that were, AFAIK, specifically encouraged) to justify those CoC violations. Had they just said "I no longer like your nose", that would probably have been safer, but of course not effective PR and I am pretty certain that getting rid of him was a pure PR exercise. Heck, they might even have given him some hush money in order for that not to happen. And yes, this is all mostly uninformed speculation :-)