<HTML><FONT FACE=arial,helvetica><FONT SIZE=2>This is one reason why union protection is so important in private
<BR>workplaces. Union contracts establish the principle that firing and other
<BR>disciplinary actions must be for cause, and that the cause must be sustained
<BR>through due process. Without such protections, you can be fired at will.
<BR>Union contracts are also important in the public sector, notwithstanding the
<BR>limited protections provided by constitutional limits on government action
<BR>which Michael notes. Witness all the attacks on 'tenure,' which simply
<BR>establishes, as a matter of law, that firing must be for cause, and that must
<BR>be sustained by a due process procedure.
<BR>
<BR><BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">Unfortunately, in a private workplace, the Constitution does not apply and a
<BR>worker can be fired for any reason at all that does not otherwise violate a
<BR>statute. This is called the doctrine of at-will employment. If the
<BR>employer is a public entity, such as a public school, the workers do have
<BR>some limited constitutional protection.
<BR>
<BR>Michael Yates
<BR>
<BR>Michael Pollak wrote:
<BR>>
<BR>> On Mon, 5 Mar 2001, hep wrote:
<BR>>
<BR>> > Michael Lopez-Calderon, until last week, taught at a Jewish school in
<BR>> > Miami. But after the school received, anonymously, reports that he
<BR>> > had made "pro-Palestine" comments on an email list to which he was
<BR>> > subscribed, he was fired.
<BR>>
<BR>> This has to be illegal, doesn't it? If explicitly firing someone for
<BR>> something they said outside their job -- way outside, such that it has to
<BR>> be ferretted out -- isn't a violation of the first amendment, what is?
<BR>> Especially when the speech is political.
<BR>>
<BR>> Michael
<BR></BLOCKQUOTE>
<BR>
<BR>
<BR>
<BR>Leo Casey
<BR>United Federation of Teachers
<BR>260 Park Avenue South
<BR>New York, New York 10010-7272 (212-598-6869)
<BR>
<BR>Power concedes nothing without a demand.
<BR>It never has, and it never will.
<BR>If there is no struggle, there is no progress.
<BR>Those who profess to favor freedom, and yet deprecate agitation are men who
<BR>want crops without plowing the ground. They want rain without thunder and
<BR>lightning. They want the ocean without the awful roar of its waters.
<BR><P ALIGN=CENTER>-- Frederick Douglass --
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