RE: [BDSM-LegalIssues] Re: Vicki's codification attempt.
> -----Original Message-----
> From: Vicki
> Sent: Thursday, January 10, 2008 5:42 PM
> >However, even if you now understand the frame of reference of the
> >topic, I rather suspect your arm-waving "solutions" will be
> >even less
> >useful, based on the observation that you've been quite forceful in
> >your statement of what you think should happen, but not exactly
> >forthcoming with ways to codify what it is that you want.
> How bout if a person is arrested they get put on unpaid leave
> till they are cleared/acquitted or convicted. If cleared
> they go back to work (Temps can fill in for the time off) if
> convicted then they don't as they mostly will be in jail.
I think the lengthy delay that often occurs between an arrest and trial
makes any kind of guaranteed "they can go back to work" utterly impractical.
Not to mention the issues of, say, a downsizing occurring while the arrested
party is on leave: can his job be eliminated, and if so under what
circumstances?
Note that the time prior to a trial can be wildly variable...
Oh, and what about appeals? If convicted, but the sentence is stayed
pending appeal, can he be fired then?
And while it is true that temps can sometimes fill in the gaps, that's not
always practical (e.g. with senior staff).
Another complication: while on upaid leave (for, maybe, years), does the
accused accrue seniority (e.g. for vacation entitlements, retirement, etc)?
If not, you are discriminating against him, just not as much...
> If a person is arrested and cleared/acquitted in the past
> then that can not be used to discriminate against them in being hired.
Wellllll... that fails to address what may be described as the O.J.Simpson
phenomenon!
[ That one is particularly apt in that we can authoritatively state that
under law Simpson was both responsible for the deaths, and yet not guilty of
the murders. ]
And I presume that any information that comes to light before and during the
trial *may* be used as a reason to discharge?
What about situations where the accused is acquitted, but due to the
negative publicity he is unable to do his job as effectively as before? For
example, the child care person acquitted of rape but who is no longer
trusted by the _customers_ of the employer?
Then what do you propose to do if, say, a layoff happens a month after the
acquittal, and the company decides that the accused's job no longer exists;
how do you protect against specious lawsuits by the accused alleging that
his job should have been protected?
How about organizations with morals clauses? Or organizations that demand
personal financial stability: if arrested, the accused may be in a much less
satisfactory financial state by the time he is cleared, which fact may make
him ineligible for his old job (this one does exist, by the way).
> For the employer if they retain an employee that has been
> cleared/aquitted and something bad happens (See insurance
> list of fears) then the employer is specifically protected
> from suit based on the arrest/cleared/
That's one of the things that is much easier said than done. Crafting a
policy that protects against lawsuits without infringing with everyone's
right to sue is... difficult. Particularly since you'll never be able to
protect against accusations of negligence in doing whatever it is that
you're supposed to do to protect everyone.
[ Snip ]
> There you go. Codified with protections for everyone but the
> ex-con. That would be another long discussion :)
It's a good attempt, but for the reasons shown, I don't think it is
workable.
And at the end of the day it doesn't really address the Freedom of
Association thing. It basically makes a special class out of people who
have been arrested, which is rather a dodgy proposition.
> -Vicki-
>
> P.S. long trial? Employee not working. Needs money. Think
> insurance. That is what it is for.
Malc.
P.p.s good luck finding "arrest insurance"!
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posted by Annja Sue at
6:52 PM
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