Wednesday, January 9, 2008

[BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did,

i'm normally just a lurker here, too...but this one has finally pulled
me out of the shadows as well :)

Domina said:

>So, say a bellman who works for you, is arrested for rape. Now, if you
>keep him in his position, YOU are liable if he happens to attack a guest
>or one of his co-workers.

i've been following this discussion with some interest as it's
evolved... and i must be honest...while i definitely have great personal
sympathy for people who are fired from their jobs because of an arrest/
conviction (especially in the realm of personal/sexual politics)...and i
sincerely hope i (or any of my friends/family) NEVER find myself/
themselves in that situation...my initial thoughts about this thread
haven't really changed all that much....despite all the banter back and
forth here...because the above statement is EXACTLY what popped into my
mind the instant the whole discussion began...since--in the US...whether
you like it or not...or think it's right or wrong--this whole debate
hinges on 'liability' far more than on 'right' or 'wrong'....

let me state up front that i'm not a lawyer...but i have a background in
insurance...and most liability underwriters would fall into a faint on
the floor and have convulsions if they knew that one of their business
insureds kept an employee on the property after an arrest like that...in
fact...if the business owner *knew* about the arrest...didn't remove the
problem employee from the premises...AND didn't have a conversation with
their insurance agent about it (where the insurance agent would jump up
and down over and over, saying "get rid of them....immediately!")...and
then this same employee did something bad to a customer or another
employee...then...not only would the court likely hold the employer
partly responsible...their insurance company would likely do everything
they could to leave them high and dry, too...and refuse to pay
ANYTHING ...despite years of good relationships and prompt payment of
premiums from their insured...

that doesn't even begin to cover the number of lawyers who would be
lining up at that customer/other employee's door...absolutely salivating
at the financial prospects of a civil suit against the business...AND
the business owner...so it would be a financially-crippling one-two
punch for most businesses to open themselves up to that sort of
liability (despite what the individual business owner/manager may think
personally about the rightness or wrongness of the
situation)...especially when you're talking about smaller businesses
with limited resources...

so tie every bit of this directly back to the litigious nature of
American society...where everyone can sue everyone for just about
everything....and succeed...because that's what drives business
practices in this country far more than the laws do...or "right and
wrong" does...

--
Lane alexandra {MS}

"I like you like muppets like fisting."
-- Mike McGee, Def Poetry

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posted by Annja Sue at 8:38 PM

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