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Re: layoff because of non-mainstream political views and activism[working in banking environment Europe]


From: Michael Miller <mike.mikemiller () gmail com>
Date: Wed, 8 Dec 2010 10:56:12 -0800

I know in some European nations some political parties are verboten.
I could see a government viewing activism or ones view belonging to a
political party or ideology.  Like some of the others have said it's
going to depend on local or federal government laws.  In the United
States we have protected rights in our Constitution and Bill of
Rights.  I'm sure some lawyer could convince 12 jurors that if a
company fired you for having activist views leaning to Wikileaks or
the Pirate Party.  An you where fired due to said views.  You could
have a good civil case.  Then again I'm not a lawyer so I could be way
off base here.

--mmiller

On Wed, Dec 8, 2010 at 9:14 AM, Jack Daniel <jackadaniel () gmail com> wrote:
Is it possible and why to fire someone because of non-mainstream
activism/views? For example a Wikileaks activist or a pirate party
member? We work in Europe banking business. My boss says yes.


It depends on your local laws and if you have a contract.  In the US,
it varies from state to state.  Here in the Massachusetts we are
considered "at will" employees unless under contract, and either party
can terminate the arrangement at will, and without cause.  That
doesn't let an employer fire you for  invalid reasons (age, religion,
race, etc.), but it does make it easy to get rid of employees.  Sadly,
this also means that as an employer you are always better off not
giving a reason for termination.

I think your organization's policy manual is a good starting place to
search for civil terms for termination.  I assume the judgment is
based on Wikileaks or the Pirate Party being "illegal" organizations
in the bank's opinion.  There is one advantage you have in the EU,
privacy laws limit how much of your behavior your employer is allowed
to monitor- so they should have a harder time proving your activities
while on the job.

Jack
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