Tuesday, January 8, 2008

[BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New b

--- In BDSM-LegalIssues@yahoogroups.com, Lochai <nawalochai@...>
wrote:

> What if you were wrong & had a wrongful termination suit brought
> against you because you fired someone upon their arrest instead
of
> waiting till the courts did their duty and it was just a case of
> mistaken identity or a spiteful spouse? This could be more
> devastating to your business than waiting till the outcome.

In an "At Will" state, I can fire for any reason. I would probably
not state the reason. As far as the relative risks, I'm not arguing
that I am required to fire someone who had been arrested; only that
I have the right to weigh that as welkl as any other evidence of
that person's suitability.

> Accused teachers are put on district duty until conviction (in
some
> states, depending on the circumstances), police officers are put
on
> desk duty till their internal investigation is complete.

I don't have a "desk job" in my child care center foran accused
child molester. I don't have a place to put dead wood in my
carpetcleaning business. Governments may be in the welfare
business, businesses should not be required to be. Unions may warp
the situation, and may or may not be beneficial for their
employees. I think they cause a host of other problems for their
employees, but that's a whole different chain of argument.

> Now to bring this back to BDSM... If an arrest record talks
about
> the flyer/toys etc that were found in the trunk of the arrested
> persons car when they were pulled over, regardless of the
person's
> innocence, just the relationship to BDSM could destroy their job
> because of what it is they were doing. Is this right? No but it
may
> not be the reason for the arrest that is their downfall but the
> "outing" that happened because of it.

I don't think we, as a society, have a right to be overly intrusive
into the employer - employee relationship. I am subject to thoise
same problems, and have been arrested in circumstances where my BDSM
may have had an influence.

- Dennis

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