A friend of mine just got fired from his job at a Christian bookstore because he had an affair. I'm not going to dispute the dumbassery of the affair, but
is that legal? His affair is the reason that was given for the firing.
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Lawful firing
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 Ersiusp |
Lawful firing |
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Posts: 2294 02-09-08 6:41 PM 1-900-Santa |
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Cinabre |
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Posts: 2920 02-09-08 6:45 PM Big Blue Cat in Warrior Garb |
No way to tell based upon info you gave us. Did he sign a contract? Do they have a stated employment policy? Was he informed prior to hiring what could/could
not be grounds for firing? What state is he in? Did the bookstore have any government contracts (that can change a lot of things). Lots of questions to answer
before we could begin to give an educated opinion.
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 Borofin |
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Posts: 3218 02-09-08 6:47 PM Community Member |
You can pretty much be fired for anything in the United States as long as it isn't protected discrimination or union agreements etc.
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Ersiusp |
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Posts: 2294 02-09-08 6:51 PM 1-900-Santa |
The bookstore is a small chain in PA, DE, OH (I think). That's all I know at the moment, Cin. I just had a 5 minute phone conversation, but he was out at
a restaurant with family and couldn't talk.
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Kayso Gnomehater |
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Posts: 4575 02-09-08 7:12 PM BANNED |
You can get fired for anything in most places with some exceptions like Borofin mentioned. Your friend can also sue the employer for any reason too.
If it had been my wife's company and your friend even threatened to sue, they'd be in mediation and your friend would be getting 6 months full pay and benefits to sign something and go away quietly. Of course he wouldn't have gotten fired in the first place. I can't imagine he makes enough money at a Christian bookstore to make any atty want to represent him, but he could try. Some states have a fund that lower paid workers can get atty fees from if they win. He should call a labor atty. Fuck Jesus. |
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vizco |
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Posts: 3040 02-09-08 7:14 PM Raid Peon |
Unless you have a specific contract you are generally an "at will" employee, and can pretty much be fired for any reason your employer gives. You can
also quit for any reason.
If you are fired because you are a member of a protected group or for some other politically charged reason, you can get redress under various anti-discrimination laws. However, as far as I know, "people who are having/had affairs" are not a protected group under any law. Christian or not, I suspect any employer could say, "employing someone who is having/had an affair could negatively affect our business's reputation if it became known."  Harmony of Souls : My Quiver All this science I don't understand; it's just my job five days a week. |
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Zitoh |
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Posts: 294 02-09-08 7:35 PM |
Was it the bookstore owners wife?
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Morkenlar |
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Posts: 1891 02-09-08 10:22 PM |
Depends on the state.
Mork
"A government that robs Peter to pay Paul can always depend on the support of Paul" |
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Prodigall |
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Posts: 235 02-10-08 10:23 AM Community Member |
Christian or not, I suspect any employer could say, "employing someone who is having/had an affair could negatively affect our business's reputation if it became known."Aye, similar to Perot's reasoning when he was asked why he fired an associate that had an affair - I figured if his wife couldn't trust him, neither could I. - (paraphrased)
Words are the coin of thought; spend them wisely.
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Fishbeak |
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Posts: 2331 02-10-08 12:57 PM |
Most employers are "at will", meaning they can fire you whenever they like for any or no reason at all.
The only time they run into trouble is if they're dumb enough to leave a trail allowing the terminated employee to prove they broke the law. I know at my company they don't fire anyone (except the guy the caught selling pieces of our test lab on eBay) instead they just downsize the person's position - law suit proof so far.
Borofin's bitch
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Dulcinea68 |
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Posts: 252 02-11-08 12:31 PM |
I had a client that was an employee of a catholic diocese. She was granted a divorice, civilly, but she was denied an anullment by the church (despite the fact
that her "husband" had left her over 20 years prior.) She remarried, again civilly only, and was summarily fired from her position because she was an
"adulterer" and violated the terms of her employment agreement (which had a morality clause but did not specifically state that she had to adhere to
catholic tenets) with the diocese.
Unfortunately, my client didn't want to pursue legal action even though a colleague offered to take her case for free. |
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Maligzar |
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Posts: 798 02-11-08 12:33 PM |
Thye can fire him but he should be able to collect full unemployement.
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Gandol teh Pirate |
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Posts: 2265 02-13-08 10:45 AM Time-traveling
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I think that also depends on the state. If I'm not mistaken, in CA if you're fired with cause (theft, etc.) then unemployment insurance doesn't
kick in. If you're laid off in a general RIF, then it does kick in.
Borofin tells you:
Not you, jagoff... You are obviously lying in claiming ignorance of whom I was addressing. But lying is natural for you, isn't it? Go away you Bay area, anti-American leftist pos. |
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Brandon Gore |
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Posts: 699 02-13-08 10:50 AM |
Nothing left to say really but having to deal with unemployment concerns and other employment issues I would love to help if I could. The reason stated for
dismissal is important, as is his behaviors and actions up to it. If he was late more than a few times or absent a lot, well I would not even try for it, but
if he was a model employee and this was the only thing that got him fired he stands a good chance to collect unemployment payments. In Cali particularly its
hard to turn someone down for it.
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ellocopato |
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Posts: 3782 02-13-08 11:08 AM
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Dulcinea68 wrote: Yea.. That happens quite a bit. Brought up the subject awhile back
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Filibik |
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Posts: 18 02-13-08 6:30 PM |
I was able to fight back against an employer of mine when they fired me. But it was a case of their stated reason being provably untrue and that the manager
that pushed the firing falsified documents to get it done.
Unfortunately for him, he actually threatened me with his course of action 2 days prior, giving me time to get all the documentation I needed to fight it. I got a nice severance package and the manager lost his job. |
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Gandol teh Pirate |
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Posts: 2265 02-13-08 7:57 PM Time-traveling
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I take it the owner of the Christian bookstore wasn't a Christian.
Borofin tells you:
Not you, jagoff... You are obviously lying in claiming ignorance of whom I was addressing. But lying is natural for you, isn't it? Go away you Bay area, anti-American leftist pos. |
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