Free Kasey

#402
#402
sjt18 said:
She shouldn't have resigned and then should have sued them into bankruptcy if they fired her unless there is some/any evidence that she has acted as a racist as an adult or in her job duties.
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Sued on what grounds?
 
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#403
#403
utvolpj said:
Sued on what grounds?
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Wrongful termination. You cannot fire someone for violating a conduct code (that does not involve violations of the law) from before they accept the job or were an adult. Unless they had proof that she had acted as a racist since taking the job... I might even try defamation since it would hurt her future prospects.

We do randoms at work. We may fire someone who tests positive or gets arrested for drug/alcohol related things. We cannot go back and fire someone for drinking when they were 16 or smoking pot before we hired them.
 
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#404
#404
sjt18 said:
Wrongful termination. You cannot fire someone for violating a conduct code (that does not involve violations of the law) from before they accept the job or were an adult. Unless they had proof that she had acted as a racist since taking the job... I might even try defamation since it would hurt her future prospects.

We do randoms at work. We may fire someone who tests positive or gets arrested for drug/alcohol related things. We cannot go back and fire someone for drinking when they were 16 or smoking pot before we hired them.
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You don't need a reason. She won't win any lawsuit since TN is an at will state
 
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#406
#406
utvolpj said:
You don't need a reason. She won't win any lawsuit since TN is an at will state
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That isn't an absolute blanket for employers. I've mostly managed in at will states. We still have to document and run through a process to avoid lawsuits. And if you are firing someone for being accused of being a racist... who can demonstrate that they are not... and is a woman... you better have something better than teenage tweets.
 
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#407
#407
sjt18 said:
That isn't an absolute blanket for employers. I've mostly managed in at will states. We still have to document and run through a process to avoid lawsuits. And if you are firing someone for being accused of being a racist... who can demonstrate that they are not... and is a woman... you better have something better than teenage tweets.
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Where did they state she was being fired for being a racist? All you have to say is we're going in another direction. She has no case against an employer
 
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#409
#409
utvolpj said:
You don't need a reason. She won't win any lawsuit since TN is an at will state
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This is correct. Never underestimate the power employers have in a fire at will state. My wife lost a job after numerous excellent year end reviews throughout her career because we had dinner guest in our home early December of 2020. approximately 10 to 12 guest in total and all but 2 were people she worked with.
 
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#410
#410
The 'At Will' stuff is way over-hyped. Judges / juries / settlements happen nonstop in Tennessee for wrongful termination.

Example: a technology company would be continuously firing almost all of the 55 - 65 age crowd. The 20 somethings work for half the salary, don't have 2500 unused sick hours on books, aren't getting 5-6 weeks of vacation per year.

Any decent size company has HR people attempting to either truthfully, or falsely, make up excuses for dumping salary. Happens all the time....

If being an 'at will' state truly meant fire anyone / any time, HR wouldn't be wasting so much time / energy on massaging those year end reviews.
 
#411
#411
Jax_Vol said:
The 'At Will' stuff is way over-hyped. Judges / juries / settlements happen nonstop in Tennessee for wrongful termination.

Example: a technology company would be continuously firing almost all of the 55 - 65 age crowd. The 20 somethings work for half the salary, don't have 2500 unused sick hours on books, aren't getting 5-6 weeks of vacation per year.

Any decent size company has HR people attempting to either truthfully, or falsely, make up excuses for dumping salary. Happens all the time....

If being an 'at will' state truly meant fire anyone / any time, HR wouldn't be wasting so much time / energy on massaging those year end reviews.
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Not disagreeing with this, but want to add that often when someone does get fired, your severance is tied to basically agreeing not to say anything bad about the employer and not to litigate. It's something they do explicitly to limit the chances of you taking them to court, imho.
 
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#412
#412
Stephen Gray said:
Not disagreeing with this, but want to add that often when someone does get fired, your severance is tied to basically agreeing not to say anything bad about the employer and not to litigate. It's something they do explicitly to limit the chances of you taking them to court, imho.
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True! If you can afford to do without three weeks salary, forego that money and don't sign the form. With that said, some take the dollar, sign the form, and still successfully sue. Others take the money and sign their next door neighbor's name to the form.

The form is just another kinda 'mini-lie' that companies came up with...very similar to 'at - will' employement.

If Kasey was over age 40, and a female minority, I don't think they have fired her for saying "white men can't jump" when she was 13 years old.
 
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#414
#414
sjt18 said:
Wrongful termination. You cannot fire someone for violating a conduct code (that does not involve violations of the law) from before they accept the job or were an adult. Unless they had proof that she had acted as a racist since taking the job... I might even try defamation since it would hurt her future prospects.

We do randoms at work. We may fire someone who tests positive or gets arrested for drug/alcohol related things. We cannot go back and fire someone for drinking when they were 16 or smoking pot before we hired them.
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This is TN, yu can be fired for damn near anything.
 
#416
#416
Jax_Vol said:
Because lawyers will chew you up in fees.........they drag it out for decades. Better to create false reviews and fake forms promising you won't sue.

Google kingston coal ash cleanup. The only ones winning are the legal teams.
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The less you say, the less you have to be sued for.
 
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#418
#418
sjt18 said:
Wrongful termination. You cannot fire someone for violating a conduct code (that does not involve violations of the law) from before they accept the job or were an adult. Unless they had proof that she had acted as a racist since taking the job... I might even try defamation since it would hurt her future prospects.

We do randoms at work. We may fire someone who tests positive or gets arrested for drug/alcohol related things. We cannot go back and fire someone for drinking when they were 16 or smoking pot before we hired them.
Click to expand...

Pre employment drug screen though? How do they work.
 
#424
#424
utvolpj said:
You don't need a reason. She won't win any lawsuit since TN is an at will state
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this

That being said as a non-conservative black man I will state canceling people for dumb stuff they said when they were in college and highschool years later is insane. If that's the standard then pretty much everyone in America over 18 gets canceled. We have all said or some something in our teen and even college years that would get us canceled. Even worse it's inane (not a misspelling) to retroactively apply modern morals to past actions.
 
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#425
#425
pimo1 said:
this

That being said as a non-conservative black man I will state canceling people for dumb stuff they said when they were in college and highschool years later is insane. If that's the standard then pretty much everyone in America over 18 gets canceled. We have all said or some something in our teen and even college years that would get us canceled. Even worse it's inane (not a misspelling) to retroactively apply modern morals to past actions.
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Amen...Amen!!
 
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