Posted on 10/25/2020 5:18:59 AM PDT by gattaca
When Danielle Reiss attended President Trump’s campaign rally in Henderson, Nevada, on Sep. 13, she had no idea it would cost her job.
Reiss is a music publicist partnered with Pop Off, a Boston-based advertising agency that connects publicists like Reiss with artists. She signed a contract in August under which Pop Off would refer artists to her, and she would give the agency a percentage of the money she earned from helping referred artists with publicity. In early September, Pop Off connected her with her first client.
But on Sept. 13, Reiss went to a campaign rally for President Trump. Afterward she posted on social media a photo of herself with a “Make America Great Again” sign and the caption: “I saw our president speak in Anaheim, California in 2016. Yesterday, I watched him speak in Las Vegas, Nevada. God Bless America.”
Four days after the rally, Reiss says she received an email from Pop Off announcing the agency’s plans to terminate their business relationship as soon as their contract ended.
“We saw your latest Instagram post in which you held a ‘Make America Great Again’ poster,” the email said. “From this, we infer that you support the policies and ideologies of Donald Trump’s administration, which blatantly undermine the values we uphold at Pop Off.”
The email, which appears to be from Pop Off President and Chief Financial Officer Ben Silvers, adds that the agency will continue working with Reiss until February 2021, but after that “we will be terminating our professional relationship with you and will cease all partnership activities.”
The email Reiss received cited the agency’s commitment to “stand for equality, inclusion, and kindness in everything we do,” before expressing the agency’s decision to terminate any future partnership with Reiss.
“There’s nothing less diverse or less inclusive than a company who terminates someone because they have different beliefs,” Reiss insisted. “Diversity also includes diversity of thought and diversity of opinions.”
Despite agreeing to continue working with Reiss until February, Pop Off has not sent her any clients since she received the email. Reiss also says she was excluded from Pop Off’s company-wide meeting in October.
Meanwhile, Pop Off has shared political views on its Twitter account. On Sept. 24, just a week after Reiss received the termination email, Pop Off re-tweeted a video encouraging people to vote. It included the hashtag #VoteHimOut.
Pop Off Agency and Silvers did not respond to a request for comment.
You mean a non compete clause?
It sounds like she was an independent contractor and not an employee. They could have just opted not to renew. Their compulsion to get on a political soapbox was stupid and will cost them.
“”””This cowardice about supporting Trump, also applies to a general cowardice about discussing politics in mixed company..”””””
Sure, if you say so.
“Diversity also includes diversity of thought and diversity of opinions.”
Wrong. The term “Diversity” as currently used in our society refers to Progressive Democrats of various skin colors and ethnicities who hold the precisely correct Leftist views and studiously avoid any “wrong-think”.
Interesting point about “voter intimidation,” but I believe that’s a criminal offense so she would not have standing to bring a civil suit on it. Even if she could sue on that theory I don’t think she’d have much of a chance because it’s so attenuated. And the “right to pursue happiness” is in the preamble to the Constitution, and I don’t think it by itself provides the basis for a civil suit against an individual or business.
So as a retired lawyer, you dont think they’re in breach of contract for not sending her clients. Openly due to her political beliefs. I’m just curious what insight you have here?
Not sure why this music publicist is making such a big deal about losing this contract...either she thinks this will help her get more clients or she’s not very good at her job.
Not having the contract in front of me, that would depend on whether there is a contractual obligation to actually send her clients, or a specific number of clients per month, year, etc - as opposed to saying whatever clients they do send her, she gets a cut. That would put the agency in complete control of whether they actually send her any clients, for whatever reason.
Well, it’s in the news because she is a publicist. Excellent job that shows her skills ;-)
An employee of mine went to a Charlie Crist event on his own time. I didn't fire him. If he did on company time, I would, but on his own time, no. He is a friend of Charlie.
It would seem having a political view shared by approximately half of the citizens of the country would be something extraordinary to fire someone for.
If they want to make this a company policy it ought to be clearly outlined in the contract. It may be legal but it’s extremely unfair to spring this on someone unexpectedly.
Regardless of their weird idea that it is - supporting the president is not similar to wearing swastikas or hammer and sickle gear.
Oh my god they actually told her they fired her for that ? Nuts. I can just picture the liberal brat who got handed the company from their parents tweeking out over a MAGA poster .
Yeah but it’s better for the company just to fire her and not say why they did.they are very stupid.
The cowards have removed all the personal/staff/leadership info from their website.
How would that be a breach of contract? Most such contracts have an out that it sounds like they are probably following.
Of course I have to defer to your legal knowledge and expertise, but then have this question: if a contract is terminable at will at any time by either party for any reason or no reason, then what's the point of a contract?
“and most such contracts have a clause about being terminable at will at any time by either party - for any reason (or no reason). Same way that private sector employers can fire employees for their political beliefs/activities; the First Amendment just applies to actions by government entities, not actions by private sector individuals/employers.“
Does that include private companies that have government contracts?. Just curious.
Again, not having the contract in front of me, it’s hard to tell what was in this. But this is more like an employment/independent contractor contract rather than a straight up “I’ll sell you 50 units of X product at $1000 each.” Sounds like it’s a contract for a period of time - but again, there may not be a requirement that the agency send her a specific number of clients - as opposed to “whatever clients we choose to send you, here are the terms.”
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