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Topic: 9th circuit (Read 1310 times) |
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maffumatt
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9th circuit
http://www.law.com/jsp/article.jsp?id=1135677912261
unbeliveable, this guy was found innocent by the court on an insanity plea of attempted murder, then assault of a police officer. Illegal to fire him. How would you like to work next to this guy every day, or you wife or kid, I don't think the Americans with Disabilities Act had this in mind. The guy is a sevice tech, do you want him in your home to fix your phone. If he were to hurt someone, coworker, or customer, would the company be held liable? Or would the judges that made this ruleing?
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| « Last Edit: Dec 29th, 2005, 11:39pm by Mattchew » |
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BarbaraD
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Re: 9th circuit
« Reply #1 on: Dec 30th, 2005, 12:12am » |
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My opinion (and I think everyone is entitled to it!) as an EMPLOYER: The employer should be ABLE to decide WHO he/she/it wants representing his/her/its company with customers. The hell with the government/courts telling them who the hell they can hire/fire or discriminate against.
I'm sorry, I've spent years walking on egg shells with employees and fighting claims that were a bunch of bullshit just because I was the AWFUL employer. One nutcase employee even said I CAUSED her to have a heart attack! Now, never mind that she was stealing from me, not doing her job and spending most of her time pouting and gossiping - but I caused her to have a damn heart attack! The funny thing is I never fired her - she called in and said she was having open heart surgery - I sent flowers when she came thru the surgery. A week or so later she called and said she was coming back to work and told me what she could do (nothing much) and it was the middle of tax season. I just told her she wasn't able to come back to work yet. She blew up and told me to go to hell. I assumed she quit. But I spent months in paperwork fighting that one. I won, but it was a total nightmare. And that was one of the funnier ones.
When Employees start paying the bills, then they can start running the firms, but until then I think they should leave the running of the businesses up to the people who have their money in the business and their necks on the line.
Well at least that's how I feel about things. But I've run my own business most of my life so maybe I'm a little stilted to one side. But I have worked ex-cons and did pretty darn well with them if they were honest with me about it. I went to bat for them and with one exception had some great employees. The one exception, some of the other guys set me straight on as did his parole officer and we got rid of him and he ended up back in the big house, but he was a loser (good gift of gab, but a total loser). So I'm not predigice against ex-cons (just wanted that one straight). Just against the "courts" telling me who I HAVE to hire and what I can and can't do.
But I'm retired (semi) now and don't have to worry about all that.
Hugs BD
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Charlie
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Re: 9th circuit
« Reply #2 on: Dec 30th, 2005, 2:11am » |
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My old typing teacher in high school went way around the bend. Probably not dangerous but wasted everyone's time. Because she sued, they were supposed to rehire her but they talked her into retiring with full pay. Actually it made sense paying her as teachers got something like 75% of pay anyway and the school was better off.
Craziness. 
Charlie
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There is nothing more satisfying than being shot at without result---Winston Churchill
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TomM
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Re: 9th circuit
« Reply #3 on: Dec 30th, 2005, 8:47am » |
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No one ever said law was logical. Well, almost no one.
TomM
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"Everyone should believe in something. I believe I'll go fishing."
--Thoreau--
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Azrael
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Sometimes... Being good just ain't worth it.
 
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Re: 9th circuit
« Reply #4 on: Dec 30th, 2005, 12:46pm » |
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The court did not rule that it was illegal to fire the guy. They ruled that it was illegal and improper to not rehire him on the basis of his past mental history. If PacBell would've simply stated that they would not rehire him because he was dishonest on his application, the result may have been alot different in court.
The guy was fired 16 years after he was aquitted by reason of insanity and 13 years after he was released from the state mental institution he was sent to. It would appear that he has not had a relapse in those 13 years, nor has he obviously endangered any customers in his 3 months at PacBell, or 10 years at his previous employer. And PacBell had reinstated 3 other employees who had lied on their conviction histories, so it wasn't status quo to deny reinstatement.
It's easy to complain that someone who may have been locked up in an institution over a decade ago shouldn't be allowed to work because he might be a danger, but consider the fact that most of them people that go postal don't seem to have much of a mental problem before they go blowin' ppl away with AK-47s, so how would a known former mental patient be any worse, especially when he has been declared sane? Also, if he wasn't allowed to work, then everyone would be complaining about how he's playin' social security, and he shouldn't be a lazy bum and get a job... But he can't... He had a mental breakdown, but then he got better, so he shouldn't be allowed around customers... For that matter... He shouldn't be allowed anyone... Lock him back up... Shit... Can't do that either because he's been declared sane. The whole mess could drive one mad.
PFDAN.................................... Drk^Angel
P.S. BTW... Way back in the bygone... A poor guy I'll call Joshua Joseph went a little looney after a close friend up and died. In a fit of delusional coocooness, he unplugged the respirator from a quadriplegic friend, who was then saved by a nurse trained in the fine art of replugging the doodad. The news I've read doesn't seem too interested in why he hit the cop, so I'm assuming Joshua Joseph was prolly just a little nuts still after the whole watching his friend turn blue while he stood there holding the plug thing. Dunno, but skipping to the end of the story, Joshua Joseph lived happily ever after with a new job with a new employer, and half a million AT&T dollars burning a hole in his pocket. The End.
DA
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