[BDSM-LegalIssues] Re: New book -- good but disturbing
So the essence of your reply is: Given that Maryland is an "at will"
state (as are the employees at your company) this completely
justifies your firing a *completely factually innocent* person (and
also your not re-hiring them) on the sole basis of their having been
arrested.
Scenario: the police arrest an employee of yours for murder. Upon
learning of his arrest, you immediately fire him. Within 48 hours,
subsequent police investigation conclusively proves that "some other
dude" did the murder. Employee is promply released and all charges
against him are dropped. The police even informally apologize for
all he was put through. However, said employee is still out of a
job, and you are perfectly fine with this because, hey, Maryland is
an "at will" state.
After all, to have been arrested is, by your explicitly stated
standards, to have a "history" and therefore, again by your
explicitly stated standards, to be a potential liability. *Actual
innocence* (a troublesome nuisance, I know) is a complete non-issue
for you.
Given the above, the people that your volunteer organization (NCSF)
has *defended* would *not* be hired by, or would be fired from, your
company -- and your own words conclusively demonstrate that you're
completely at peace with that because hey, it's an at-will situation
so things are all perfectly fine, don'tcha know.
In brief, if an action is legal, then said action is also just
perfectly peachy. No problem here.
Given that you would not hire people that your volunteer organization
(NCSF) has defended, and that you have *repeatedly* defended and
justified your practice, your continued association with both your
company and with NCSF is completely untenable.
From which one will you be resigning forthwith?
Best,
Jay
p.s. do I have your permission to forward your posts in this thread
to Susan Wright?
--- In BDSM-LegalIssues@
<leigha@...> wrote:
>
> Jay-
>
> Maryland is an employment at will state. The employees where I work
are not unionized and are not covered by any type of contract
> or collective bargaining agreement. As such, the only protections
they have in either the hiring process or their jobs are the laws
> that cover employees (including me by the way) from discrimination
based on gender, age, disability, religion, race, nationality
> and military service in some cases, etc. Maryland does not have
laws protecting people based on arrest or conviction records or for
> that matter based on sexual orientation.
>
> If the owner of the company I work for decides he doesn't like
someone's personality, it's completely legal for him to fire that
> employee. If he feels like an employee's (or potential employee's)
arrest/conviction record would be disruptive to his business or
> expose the company to liability, it's completely legal for that
person to be fired.
>
> Again, Maryland is an employment at will state and employees don't
have recourse if they're terminated for a reason that falls
> outside of those protected discrimination classes. The unemployment
system of course covers them but private employers aren't
> obligated to hire or maintain employment for people who don't fit
inside their corporate framework (barring for reasons of
> discrimination covered by the law.)
>
> Employees or potential employees with substance abuse or violent
histories are an unacceptable risk for most employers, including
> mine. And, once again I'll note, the background checks the company
I work for conducts are authorized in writing by the employees
> before they are ever done.
>
> For whatever it's worth- I work for a company owned by people of a
minority religious faith, and 60%+ of our employees are African
> American. I'm out in my office about my sexual orientation and
about my work with and for NCSF. I love the place I work.
>
>
> -Leigha
>
>
>
> > Wow. Freakin' wow. There it is, in black and white for all to
see.
> > Um, let me guess. As a matter of corporate policy, you do, of
> > course, routinely re-hire those fired employees, with full back
pay
> > and benefits, who have been arrested for violent felonies if they
> > subsequently have their original charges dropped, or reduced to a
> > non-
> > violent felony, or reduced to a misdemeanor, or acquitted,
right?
> > Your company has had such a "rehire and restore" policy for
years,
> > right?
> > The alternative suggests that a person who is *completely
factually
> > innocent* of such a charge nonetheless summarily loses their job
> > with
> > your company with no recourse (ah, the joys of "at will"
> > employment),
> > and further suggests that you are just fine with that. After
> > all, "can't take a chance" right?
> > > I'm surprised you feel like my volunteer work with and for NCSF
is
> >
> > relevant in this matter at all.
> > >
> > > Leigha
> > I'm not surprised, not at all, that you're surprised.
> > Jay
>
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posted by Annja Sue at
10:34 AM
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