Posted on 09/14/2010 5:53:28 PM PDT by OldDeckHand
If the transit authority is considered a public job, being “at-will” won’t mean as much.
The fact that they publicly stated that he violated the code of conduct suggests they know they need a reason. Next is for someone to check the code to see what they claim he violated.
It’s hard to believe the CoC for a public entity would include off-duty political speech, unless he was wearing his uniform.
I hadn’t thought about that. Are they the first to publicly identify the guy and what state he lives in?
Here’s the complaint link, flood it:
http://www.njtransit.com/tm/tm_servlet.srv?hdnPageAction=ContactUsTo
First I have seen of his name. He is marked and will be killed if not protected.
Burning a cross is considered hate speech(KKK, donchya know). All they gotta do is make the jury believe burning a koran is hate speech in the same way burning a cross is hate speech.
funny new jersey and code of ethics in the same sentence.
I think a great idea would be to get about a dozen folks dressed in burkas complete from head to toe, and THEN burn the Koran.
Heads would explode.
Yes he can collect. You have to explain yourself & they hold back a few weeks. If they refuse to allow him to collect then he can get a lawyer & start a lawsuit. I don’t see why he shouldn’t collect as long as he paid in. My ex was fired from a job & we live in NJ & he did far worse. He had no problem collecting.
Interesting, they can't really claim misconduct and an "at will" termination at the same time. Once you claim misconduct, you have to give the employee some chance to respond.
Masshole is no great prize either. You people gave us the drunken Kennedys for too many years. I live in NJ & while it has its problems there are many beautiful places. It isn’t all like you see on TV!
Our Government itself will probably kill him because they want us all to "get our minds right" per orders of our Overlords in "The Saudi." They run the show over here. :(
Terrible. Let’s see if the Obama-crat union will back him up.
He has an absolute right to free speech. That includes burning the unholy Koran. I bet they wouldn’t even think of canning this guy if he burned an American flag.
Disgraceful.
And they have the right to fire him. Freedom of speech, doesn't mean freedom from the consequences of that speech.
If it were the private sector, I'd agree with you. This is a public sector job. There's a HUGE difference.
I have a buddy who is a driver for NY City transit... (no, he would not be found dead with his computer on FR). He’s been fired at least 6 times.
Every time his union rep calls a meeting and he is “re-hired”.
Fully expect that with this guy.
"Mr. Fenton's public actions violated New Jersey Transit's code of ethics," an agency statement said."NJ Transit concluded that Mr. Fenton violated his trust as a state employee and therefore [he] was dismissed."
Those two statements should go a long way in establishing intent.
This story should continue to be top news. It shows what can happen to an American citizen when they break no law, but do not follow what is politically correct. His support will come from conservative Republicans, but they are a dying breed without much power.
Except when the employer is the government. This is why private schools can limit, restrict or entirely prohibit what students may say, wear or write in class, and public schools can't - at least not to the same degree.
Students enjoy pretty robust freedoms of speech in public school (no, not as robust as an adult per the Court), but private school has NO OBLIGATION to extend those same 1A rights to their own students. The case law is ample in this regard. Government, city/state/federal MAY not infringe on the civil rights, to include 1A rights of their employees.
Pickering v. Board of Education, 391 U.S. 563 (1968) is the case that set the precedent for which all subsequent cases are heard today. Pickering is clear, unless statement made by the employee is "recklessly false", then the school may not "retaliate" against the employee for speaking out on important public issues.
After thinking about this more last night, I think the guy clearly has a claim, and it will be interesting how the court rules. It's actually a perfect case to test the comment that Breyer made just yesterday.
Interesting. I wonder if this supposed code of ethics is written and understood by employees. You cannot make up a "code of ethics" after the fact.
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