Oh [no], Canada!

November 17, 2013 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

Unless you’ve been under a rock for the past couple of weeks, you’ve probably heard about Toronto’s crack-shutterstock_128700830smoking mayor, Rob Ford. No, I don’t mean that term in the figurative sense or as a commentary on some outlandish political policy he has chosen to pursue. I mean it quite literally, as Rob Ford admitted in a November 5 press conference to smoking crack cocaine while in one of his “drunken stupors.” (I’m not kidding. Those are his words.) And while we Americans all know Canadian beer is like moonshine, that’s hardly an excuse for an elected official choosing to dance with the devil—even one as offensive and scandal-ridden as Ford, who some have labeled as “Mayor McCrack.”

Sadly, Toronto is not the first major city to go through such a scandal. Most of us remember the time when Marion Barry, then mayor of our nation’s own Capital, was caught on tape himself smoking crack. Barry, of course, was arrested and served six months in prison, only to be re-elected mayor four years later. So maybe there’s still hope for Ford. And if you’ve read much of what he’s been quoted as saying, you might think a little time out of the spotlight would do him some good.

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A horse with no claim

October 04, 2013 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Some colorful (ahem) corners of the Internet were abuzz this week after a report surfaced that an anonymous adult male fan of the cartoon show My Little Pony: Friendship is Magic was fired from his job after admitting his fandom to his coworkers. The firing of this “brony” (and let’s just assume for the sake of this post the story is true) prompted questions about the limits of employee workplace protections. Did this man’s termination violate his right to free expression?  Answered simply, no. This episode is a useful reminder of the limits of constitutional protections in the private-sector workplace and the viability of at-will employment.  

The First Amendment guarantees that our rights to freedom of speech and expression are shielded from state action. Private sector employers, however, are not state actors. A 2007 federal district court decision unambiguously held that “the protections guaranteed by the First Amendment of the U.S. Constitution don’t extend to private-sector employees.” Simple, right? Well, maybe not always. Employers should be aware that some states have their own laws or provisions in their state constitutions that transpose First Amendment-like protections into private workplaces.

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Retaliation is Reality TV

September 08, 2013 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

I think it’s safe to say that now, in 2013, we as a society are overrun by reality TV.

The Truman Show starring Jim Carey debuted in 1998. In case you have forgotten, that was the movie where the whole world watched one man’s every move on a daily basis, from brushing his teeth to mowing the lawn to sleeping. While it’s hard to imagine a creepier plot line for a show, that’s pretty much all that’s on TV nowadays. Well, that and . . . CSI [insert your city here]. YEEEEEEAAAAHHHHH! (We miss you, Horatio Caine.) 

So it should come as no surprise that the ubiquitous genre of reality TV lends itself to the occasional employment law lesson. And today’s lesson comes from that epic engineer of entertainment–A&E–and its hit show Storage Wars. The show follows professional buyers who purchase the contents of storage lockers based only on a five-minute inspection of what they can see from the door when it is open. The goal is to turn a profit on the merchandise. (And you thought your college degree meant something.)

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