Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: VA Advogado
What part of the constitution says employees are anything more than at-will?

First amendment, extended by the fourteenth, says that a State cannot abridge free speech, religion, etc. . You can't fire a state employee, therefore, for something he/she says away from the workplace, or for his/her religion. A private employer, constitutionally, could fire someone for saying something the employer didn't like, or for his religion. 14th amendement says the state must give citizens equal protection of the law; again, this prevents 'at will' firing. The Bill of Rights also requires due process (which goes back to the Magna Carta: see http://caselaw.lp.findlaw.com/data/constitution/amendment05/11.html)

12 posted on 09/06/2002 9:50:52 AM PDT by Right Wing Professor
[ Post Reply | Private Reply | To 10 | View Replies ]


To: Right Wing Professor
First amendment, extended by the fourteenth, says that a State cannot abridge free speech, religion, etc. . You can't fire a state employee, therefore, for something he/she says away from the workplace, or for his/her religion.

Perhaps you fail to understand the market participant doctrine, that says a state is not bound by those same constrains when it is operating in the marketplace. In this case, in the eyes of the law and that doctrine, it is operating as an 'employer' not a 'state'.

13 posted on 09/06/2002 10:03:38 AM PDT by VA Advogado
[ Post Reply | Private Reply | To 12 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson