Re: [BDSM-LegalIssues] Re: New book -- good but disturbing
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
8:33 AM
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