Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: bill1952
Okay, the actual term refers to union membership.

FLORIDA

Fla. Const. Article 1, § 6

§ 6. Right to Work

The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike. (Adopted at General Election November 5, 1968.)

Fla. Stat. Ann. § 447.17

§ 447.17 Civil remedy; injunctive relief

(1) Any person who may be denied employment or discriminated against in his employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor union, labor organization, or association, acting separately or in concert, in the courts of this state, such damages as he may have sustained and the costs of suit, including reasonable attorney's fees. If such employer, other person, firm, corporation, labor union, labor organization, or association acted willfully and with malice or reckless indifference to the rights of others, punitive damages may be assessed against such employer, other person, firm, corporation, labor union, labor organization, or association.

(2) Any person sustaining injury as a result of any violation or threatened violation of the provisions of this section shall be entitled to injunctive relief against any and all violators or persons threatening violation.

(3) The remedy and relief provided for by this section shall not be available to public employees as defined in part II of this chapter. (Enacted 1974; amended 1977.)

In practical terms, it means you can be fired for virtually any reason not specifically protected by law. An employer has no duty to employ. And yes, you have a right to sue an employer for unreasonable discharge. You have the right to sue anyone for virtually anything -- doesn't mean you'll prevail. You will prevail if you can prove that you were discriminated against by reason of things protected by state or federal law.

Hooters lawsuits were based on sex discrimination -- which is one of those protected classes. You can sue if you were fired for being a whistle-blower, as that is protected by law. But if your employer decides to downsize, or decides he just doesn't like you because you are tough to get along with, or he thinks you're too fat (not protected yet), he can. There is no law requiring an employer to keep an employee, unless the discharge is for specific reasons specifically prescribed by law.

720 posted on 11/08/2005 9:00:17 AM PST by Chanticleer (A free society is a place where it's safe to be unpopular. -- Adlai Stevenson)
[ Post Reply | Private Reply | To 719 | View Replies ]


To: Chanticleer
Please do not cite law that I have argued before the bar.

You are citing the law and then stating factual assumptions that have nothing to do with those facts.

1)Fact: In practical terms, it means you can be fired for virtually any reason not specifically protected by law

Besides the fact that this is true in every state in the Union, do you not see that this is counter to every thing that you have just stated after this prior sentence?

Nonsense and stipulating facts and law not in evidence.

Or, to translate to you:
"Bait and switch.'
That line of reasoning would be speedily disposed of in summary judgment if that was the crux of your case.

Since you never went to law school, let me tell you one of the first things that I learned at Seton Hall:

"If you have the law, beat on the law.

"If you have the facts, beat on the facts.

"If you have nothing. beat on the table.

Guess what you are beating on.

There is nothing different in Florida vs. employees than in any other state as far as no union activities, other than details, and the case that you referred to is not a sex discrimination case, and was not protected by such Federal law.

It was simple misrepresentation.

746 posted on 11/08/2005 2:47:40 PM PST by bill1952 ("All that we do is done with an eye towards something else.")
[ Post Reply | Private Reply | To 720 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson