3 ms·
Termination at will doesn't cover things that violates people's rights, and a whole host of other things. You can't fire someone because they are black, or gay
by sonnyblarney 8y ago
Termination at will doesn't cover things that violates people's rights, and a whole host of other things.
You can't fire someone because they are black, or gay, or Mormon, or get sick - and probably not because they fall in love with each other either.
- nradov 8y agoMost US employers absolutely can legally fire an employee because of who they fall in love with, as long as the action isn't based on a policy which disproportionately impacts a protected class.
- sonnyblarney 8y agoMaybe you're right, but I'm doubtful. I wonder how it would hold up in a big supreme court challenge (or maybe it has already ... I'm not an expert)
- tptacek 8y agoYou think maybe employment at will is just waiting to be tested in the Supreme Court?
- richardknop 8y agoMaybe it should.
- sonnyblarney 8y ago"You think maybe employment at will is just waiting to be tested in the Supreme Court?" It's in court right now. And it always will be.
- dionidium 8y agoOn what grounds are you doubtful? The concept of protected classes is well-defined and well-tested and "office lovebirds" aren't one of those classes.
- haikuginger 8y agoFor fuck's sake, "being gay" isn't even one of those classes.
- CalChris 8y agoFederal protected class, no. But in CA, yeah, it is. https://www.employmentattorneyla.com/blog/2017/06/what-are-californias-protected-classes-in-employment.shtml https://www.employmentattorneyla.com/blog/2017/06/what-are-c...
- FireBeyond 8y agoAbout the same as "employee says controversial thing in personal life". In other words, employer has absolutely every right to fire them for their self-expression.
- sonnyblarney 8y ago"About the same as "employee says controversial thing in personal life"" No way. Two people falling in love is not in the same category as someone saying public things.
- deleted 8y ago[deleted]
- Itaxpica 8y agoYes but "rights" are legally defined, not just 'well I feel like I have a right to this'. Employees dating their subordinates is not a protected class, so "and probably not because they fall in love with each other either" is factually incorrect.