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Fired if you did not report for work during the storm? (Original Post) mfcorey1 Sep 2018 OP
WTF? smirkymonkey Sep 2018 #1
Right to work laws have been around a while of course. Hortensis Sep 2018 #3
That was Gorsuch, not Kavanaugh. The Velveteen Ocelot Sep 2018 #4
Whoops. Thanks. Too many traumatic developments. Hortensis Sep 2018 #6
It was Gorsuch's dissenting opinion in the 10th Circuit Transam Trucking case, The Velveteen Ocelot Sep 2018 #8
Just imagine these two coming together, supplemented Hortensis Sep 2018 #10
*Shudder* Actually I think Kavanaugh is likely to be worse. The Velveteen Ocelot Sep 2018 #11
This is so wrong. smirkymonkey Sep 2018 #5
I'm particularly fond of people learning they've been Hortensis Sep 2018 #7
Being "fired for scratching your head" is at-will employment, not "right to work." WhiskeyGrinder Sep 2018 #9
I have seen this happen several times Watchfoxheadexplodes Sep 2018 #2
 

smirkymonkey

(63,221 posts)
1. WTF?
Wed Sep 19, 2018, 07:29 PM
Sep 2018

What kind of country is this if you are in a life threatening situation and you get fired for not reporting to work?

Hortensis

(58,785 posts)
3. Right to work laws have been around a while of course.
Wed Sep 19, 2018, 07:33 PM
Sep 2018

You can be fired for scratching your head or not scratching your head, but employers in RTW states don't have to tell people which it was or anything else, and usually don't.

Btw, do you remember Kavanaugh's appellate decision that truck drivers (and others by extension of principle) can be fired for pulling over and leaving their cargoes unattended in dangerous conditions? Like the killer blizzard I think in the case being adjudicated. Haven't heard yet that someone took too much risk to save his job and died as a result, but may have happened and for sure will.

Kavanaugh and his ilk are far from done with stripping employee rights, of course.

The Velveteen Ocelot

(115,606 posts)
8. It was Gorsuch's dissenting opinion in the 10th Circuit Transam Trucking case,
Wed Sep 19, 2018, 07:56 PM
Sep 2018

here: https://www.ca10.uscourts.gov/opinions/15/15-9504.pdf Gorsuch thought it was OK to fire a trucker for leaving his inoperative truck even though if he'd stayed with it he could have frozen to death.

Hortensis

(58,785 posts)
10. Just imagine these two coming together, supplemented
Wed Sep 19, 2018, 08:01 PM
Sep 2018

as needed until they're a majority instead of having to dissent. Thanks for pointing out the facts I'd gotten too casual about.

The Velveteen Ocelot

(115,606 posts)
11. *Shudder* Actually I think Kavanaugh is likely to be worse.
Wed Sep 19, 2018, 08:09 PM
Sep 2018

Gorusch is a rigid originalist like Scalia, who I think probably would have decided that case the same way. Kavanaugh's career before becoming a judge was as a partisan political operative whose allegiance is to the lunatic wing of the GOP and not to any interpretation of the Constitution. Even Gorsuch's hero Scalia sometimes wrote decisions that weren't nuts (and he was pretty good on First Amendment issues), but Kavanaugh will likely be an instrumentalist judge who'll twist his constitutional analysis any way he needs to twist it in order to serve the GOP's agenda. I don't think the other conservatives on the court (with the possible exception of Thomas) would accept Kavanaugh's bizarre notions regarding the absolute immunity of a sitting president from any form of legal process.

 

smirkymonkey

(63,221 posts)
5. This is so wrong.
Wed Sep 19, 2018, 07:46 PM
Sep 2018

Where is their humanity?

I won't be surprised to hear someday that managers like this have been gunned down by unfairly treated employees. And I won't feel a bit sorry for the managers.

Hortensis

(58,785 posts)
7. I'm particularly fond of people learning they've been
Wed Sep 19, 2018, 07:56 PM
Sep 2018

fired by being treated like disease-carrying criminals who can't even say goodbye to their bosses or coworkers.

But there's no reason to think anyone's actually being fired here for not putting their lives on the line.

Like their coworkers, our neighbors' son and DIL, both acute care RNs, have jobs that do require showing up. They dropped their daughter off as Irma was moving in and reported to their hospitals with their duffle bags, on time and well before any danger was involved.

WhiskeyGrinder

(22,308 posts)
9. Being "fired for scratching your head" is at-will employment, not "right to work."
Wed Sep 19, 2018, 08:00 PM
Sep 2018

At-will employment is the federal understanding of employment law. "Right to work" means enjoying the benefits and protections of a union without paying the dues for it.

Watchfoxheadexplodes

(3,496 posts)
2. I have seen this happen several times
Wed Sep 19, 2018, 07:33 PM
Sep 2018

But in cases I saw or involved in there were other circumstances and not just bad weather.

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