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  1. #1
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Two Week Suspension

    My question involves labor and employment law for the state of: Texas/Tejas.

    Yeah..... I work for a major contractor here in Texas. I've been employed for over a year now, make good money, and I haven't really had that much trouble in the past. All in all, my work has been satisfactory.

    Friday I sent a homosexual co-worker this link via email. I suspected he would take it with good humor, but he reported ti to my supervisor. Today I given a two week suspension for this "bigotry". I feel as if my first amendment constitutional RIGHTS have been blatantly violated by this liberal "political correctness" bull crap. Is there anything I can do?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: 2 Week Suspension

    *sigh*

    B.E., you know better than this. You know that the First Amendment does not mean that NO ONE can tell you to shut up and not be jerk. It only means the GOVERNMENT cannot tell you to shut up and not be a jerk.

    Additionally, the First Amendment does not absolve you from the responsibility of your speech. Yes, you can squawk all you want about your pet cause du jour, but if you piss someone off, you can expect them to exercise THEIR right to tell you where to cram it.

    You pissed off your employer, who told you where to cram it.
    Is there anything I can do?
    Be grateful your co-worker hasn't filed a harassment complaint and stop sending potentially offensive YouTube links to people you apparently don't know as well as you thought you did.

  3. #3
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: 2 Week Suspension

    *shrugs*

    I know.... I was hoping for a loophole.

    I guess I can enjoy my time off.... without pay.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: 2 Week Suspension

    blueeagle, don't do stuff like that.

    There was nothing wrong/illegal with the two weeks suspension your employer gave you.

  5. #5
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: 2 Week Suspension

    Quote Quoting Betty3
    View Post
    blueeagle, don't do stuff like that.

    There was nothing wrong/illegal with the two weeks suspension your employer gave you.
    *hangs head in shame* You're right...

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Two Week Suspension

    Be grateful that it was a two week suspension. I'd have fired you.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Two Week Suspension

    Quote Quoting cbg
    View Post
    Be grateful that it was a two week suspension. I'd have fired you.
    *nod*

    Too much of a liability.

    My husband has a nice little speech that he gives to associates he has to write up for being jackasses. They invariably yell "Wah, politically correct liberal crap!" and he responds with his speech explaining that exhibiting basic social graces and consideration is no more about being politically correct than taking a dump in the bathroom as opposed to the living room is.

    There's a time and place for everything, essentially.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: 2 Week Suspension

    Quote Quoting blueeagle
    View Post
    *shrugs*

    I know.... I was hoping for a loophole.

    I guess I can enjoy my time off.... without pay.

    Blue, not a wise thing to do, even if you thought the employee would take it in jest.

    The 1st AM is not absolute in nature, even for a government employer.

    Even if such employer were a government contractor, which could potentially entangle/entwine them to be a "state actor", such conduct is not protected, as it violates harassment policies.

    I remember a case that went to the USSC. A state employee, in Texas, by the way, commented at work if someone "took out" President Reagan, she would not care and would give them the "right on", my words. She was fired. Her appeal centered on the 1st AM, she won her case.


    I could find it if I put my mind to it, it was around 1983??

    Mull it over, I would consider drafting a "formal" apology to the employee, and ask the employer is you can schedule a meeting with the 3 of you to present to him, as I would not approach him without authority, you decide.

    Don't look for any "loophole", you may find that "hole" would delve you deeper into the subterranean more than you would like.

  9. #9
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Two Week Suspension

    Quote Quoting cbg
    View Post
    Be grateful that it was a two week suspension. I'd have fired you.
    You're mean!!!

  10. #10
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: 2 Week Suspension

    Quote Quoting BOR
    View Post
    Blue, not a wise thing to do, even if you thought the employee would take it in jest.
    I know...

    I remember a case that went to the USSC. A state employee, in Texas, by the way, commented at work if someone "took out" President Reagan, she would not care and would give them the "right on", my words. She was fired. Her appeal centered on the 1st AM, she won her case.
    As she should have.

    I could find it if I put my mind to it, it was around 1983??
    I'll look

    Mull it over, I would consider drafting a "formal" apology to the employee, and ask the employer is you can schedule a meeting with the 3 of you to present to him, as I would not approach him without authority, you decide.
    I've considered this. You're probably right.

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