IT IS DONE...

[misanthrope]

...I just got a call from the station manager, and I have been fired. I never got a chance to go on the air tomorrow.

The manager said little. He just asked me if I had been posting messages on Democratic Underground's message boards. I said yes, he said "Turn in your keys. You're done." End of story.

So, basically I was fired for having a conversation about my place of employ (during which the place nor players were ever named) and the way it conflicted with my poitical beliefs.

What do I do from here?

[lazarus]

1. How did he identify you?

That's one big question.

Next, I'd make a huge stink about this. You've been fired for something you did in your off time, presumably. That's wrong.

[sangh0]

5. It may be wrong, but it's legal

You can fire anyone, anytime, for whatever reason you want EXCEPT for reasons that the law considers unlawful discrimination. If I were your boss, I could fire you right now just because it's Tuesday and I like to fire someone on Tuesdays.

It doesn't even have to be a Tuesday. I might look stupid giving that reason, but stupidity is not illegal.

[Walt Starr]

35. Actually, that is entirely dependent upon state law

and only applies ot "Right to work" states.

Ironicially, "Right to Work" literally means "right to get fired for any damn reason".

Depending upon what state he works in, he may have cause for a lawsuit. Since it may be an NPR station which receives federal funds as well based upon the thread, there could be a federal issue as well.

[lastliberalintexas]

66. At will employment-

NOT right to work. That's actually a very common mistake. Right to work laws cover union shops, at will employment laws cover other employment situations.

You are correct, however, that it depends on state law. While in an at will employment state (49 are) an employee may only be fired for a lawful reason, what is lawful usually varies by state. However, most states do allow an employee to be fired for personal use of computers during company time.


Misanthrope, you can talk to an attorney to see what the laws are in Alabama and whether anything could be done. Most plaintiffs' attorneys provide a free initial consultation, so it shouldn't cost you anything to find out if you would have a case. In fact, an atty (or a paralegal) would probably be able to tell you this over the phone.

However, most states have pretty lenient requirements to qualify for unemployment compensation, so I would apply for your benefits immediately. In most states, you can even do so online.

The ultimate irony for that, of course, is that Reagan is responsible for implementing the tax on unemployment compensation. So very sorry for you, but I hope you find a job you actually enjoy.

[seabeyond]

63. you will get unemployment

adn that is going to cost the company a lot of money as they are going to have to salary someone else to take your place.

[Baltimoreboy]

105. Not necessarily

He was fired for cause, that cause being misappropriation of company equipment. That's akin to theft and many states would consider denial of benefits if the former employer challenges it.

You might agree to sign a paper that you won't sue to negotiate severance, not going to the media and getting unemployment.

[ParanoidPat]

93. I hope you don't own a business!

You would be in court in a heartbeat!
I worked at a Fortune 100 computer company in California for a number of years. We ALL worked on an "at will" basis, meaning either party could be fired / quit "at will" for ANY reason at ANY time with no notice. A good friend of mine who happened to be black and a damn good CAD jockey went down to the DMV at lunch one day to register a car he had been working on. He had gotten a temporary registration before moving the vehicle on city streets and had insured it prior to his trip to DMV. He received a permanent registration and new tags at the DMV but lacked the tools required to mount the tags to the car so he drove back to work to put them on.

Unfortunately the town where we worked is ALL WHITE and many of the officers have a problem with black people. A white, female officer saw a black man driving a primer colored car with a (LEGAL) paper tag on a back street in an industrial part of town and called for backup for a "FELONY" (The term she used in the radio transcript!) stop.
By the time he had reached the parking lot entrance her backup, consisting of three other patrol cars, arrived and she 'lit him up'. He had already started to pull into the lot so he continued and stopped in the first open parking space so as not to block the other people returning from lunch. The four police cars pulled into the lot behind him and surrounded his vehicle. All of the officers jumped out of their cars, GUNS DRAWN, and proceeded to start yelling at him "Get your hands where I can see them, get out of the car and lie face down on the ground! Interlock your fingers behind your head!" A number of us were out in the parking lot when this occurred including his boss the Director of Engineering and the Vice President of our division. Upon seeing what was happening the VP turned to his boss and and said, "I don't know what that's all about but I don't want him back in this building!"

As it turned out, the reason for the stop was that when the first officer ran the 'temp' tag and found that it was legal she decided to run the license of the tag holder. He had gotten a parking ticket in NY state 7 YEARS earlier while on vacation and forgotten to pay it on time. The NY police issued a bench warrant for the unpaid ticket and notified him in California. He PAID THE TICKET but they never cleared the warrant from the NCIC system. He just happened to have the receipt in his wallet for the payment and showed it to the officers (once they removed their boots from his neck!) but they accused him of forging it! He was handcuffed, arrested and brought to the station, thrown in a holding cell and allowed to call a lawyer.

Meanwhile the police contacted the NY State Police who verbally confirmed that the ticket had been paid and the warrant had been rescinded but that wasn't good enough. They requested a faxed copy of the receipt to see if the one he presented was forged. When it arrived they declared it to be too illegible to read and refused to release him from custody until his lawyer showed up and demanded his release some five hours later.

Upon his return to work later that evening he was met by security and told he had been 'terminated' and that he needed to set up an appointment by phone with the Human Resources department to send someone to retrieve his personal belongings from his 'cube'. He filed an appeal of his termination with HR and it was denied with the explanation that he was an "at will" employee. He then filed suite for 'wrongful termination'.

All of us who were witness to what happened were subpoenaed and deposed by his lawyer and were then called into HR and questioned by the corporate attorneys. According to a good friend of mine in the legal department, they immediately realized that they had a major problem and offered a $500,000.00 settlement, which he took, against his attorneys advice. I've since learned that he is one of three people who settled out of court for similar amounts after being dismissed from "at will" positions for dubious reasons in that division alone! :)

Five years later his suite against the police department is still pending! :(

[kerry-is-my-prez]

95. NOT true. The laws are a bit lax in right to work states but not in others

Illinois is especially stringent.

[LittleApple81]

49. How did he identify you? I am repeating the question. How did he

know you were posting here?

[UNIXcock]

57. Make no mistake about it ...

... there are interlopers, lurkers and active members here and on every other public forum that make it their business to bring us down. Some things must be kept in the head. Sorry about your situation, if I were you, I would pursue legal avenues to restore your good name if not your job.

[spooked]

2. Please give us some background on what happened

There are some great legal minds here at DU.

I would protest this for sure...go to the station owners, etc.

[bicentennial_baby]

7. I think it's about this:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=1755097

[Atman]

19. No disrespect, but I'd have fired you, too.

Your first course of action should always be to discuss it with the bossman. Then, at least you can say you tried to be reasonable. Here, you basically cut him out of the negotiation and went over this head, directly to the public. I understand your frustration, but you played this one wrong. Best of luck in your new job search! Let's hope the economy really is as booming as Bush says it is.

[misanthrope]

41. Explain to me...

...where I identified him or anyone else by name.

Show me the insubordination, since I programmed the requisite requiem-type pieces they asked for.

Show me where I acted on air in a manner they didn't like, since they never gave me a chance to go on and hang myself. They never had a chance to see what tone my remarks took, what the mood of the music was. They just reacted, regardless of the fact that I was complying with their wishes.

I was fired for discussing a personal dilemma with others.

[Renew Deal]

55. You were fired for discussiong a company dilemma with others.

I don't agree with what happened, but it was company business. The problem is, where is the line drawn? I would bet anything that this is the work of a freeper.

[tom_paine]

59. Unquestionably so.

[RapidCreek]

111. If he hasn't signed a confidentiality agreement...that is irrelavent.

since he works, I believe, for a public radio station, I doubt that he has.

RC

[NuttyFluffers]

62. think of the opportunity to move to europe...

might as well move to a place in the world where you'll be appreciated. :)

send your resume to britain and elsewhere, i think jazz is still well loved over there on the continent. :)

[yardwork]

91. I feel for you, but you went too far. You identified your city and state,

the fact that you are a public radio jazz announcer, etc. Even though you didn't mention your manager specifically by name, everyone in the area who read your thread would be able to identify her by name.

Learn from this. Keep work and politics separate. If you want to speak out about your place of employment, you have that right, but they also have the right to fire you.

[RapidCreek]

110. Uhm...so the fuck what?

Did he sign some sort of confidentiality agreement? If he did not he was exercising his right to free speech. His boss stated he was fired for speaking about his problem on DU. His constitutional rights have been violated.

If I were him I'd retain an attorney. If the case can be won you can bet your sweet ass he'll be able to lawyer up on a contingency basis pretty damn quickly.

RC

[Guaranteed]

163. The only reason that that was a bad idea is it gave some freeper

the ability to turn him in.

Funny how that question of where he was even got asked....

[kerry-is-my-prez]

96. Exactly. It is NOT legal.

n/t

[0rganism]

98. Oops -- you mentioned your location

OK, what happens here -- and it could happen on other boards, too -- is there are sharks floating around who will do their level best to GET YOU FIRED, if they pierce your anonymity. In the course of the thread I read, you divulged (a)that you were a public radio DJ, (b)the city in which you worked, (c)the time of your show, and (d)a potential playlist. From that, any lurking asshat could certainly identify you with a minimum of poking around.

You also made posts concerning your opinions of various people and circumstances at your station, which could be tied right back to specific individuals and actions. So what happens next? The lurker sends an e-mail to your boss, telling him that you're discussing personal or proprietary matters on a political discussion board, taking a specific political viewpoint as well. This is classic firing material -- even if your boss agreed with you. If you were retained, the lurker could use a site like freerepublic to instigate a PR campaign against your station until it dropped you.

These, sad as they may seem, are signs of the times in which we live. The only reason to relax your anonymity is if you are absolutely sure you cannot be attacked through your identity. Assume hostile eavesdropping at all times. Anything you say can and will be used against you, if there's any way to tie it back to you. Stating your political opinions could well be enough to damage you by itself, but your description of co-workers and tacit subversion was a job-killer.

I wish you better luck and greater caution with your next gig.

[wndycty]

117. You mentioned your daypart, the market and the network. . .

...its not too hard to figure out.

[anotherenvirodude]

150. Did you post at work?

Did you post at work? If so, did you violate a company policy?

I have not read the entire thread to see this.

[KharmaTrain]

44. As A GM, PD & OM...I'd Done The Same, Too...

I'm always suspect of hearing the "I was hung out by my political beliefs" stories here or on other message boards as there always is more to a story once one gets all sides of it.

Based on the surface of a directive given staff members by a supervisor and having that directive either not followed or ridiculed is grounds for insubordination. But, I get the feeling there are other issues between employee and employer than just this issue; personalities in radio run rampant (one reason I despise hanging at radio stations).

A couple other flags here. First, it's said this is a public station, thus it's either operated by a University or some other non-profit orgranization. They operate on a totally different set of labor laws than do Clear Channel and other "for profits"...and my bets are that if this person was getting paid (public radio smells volunteer all over it) it wasn't much.

Nonetheless, if this person feels they were fired for posting here, they do have several levels of redress with both the station and the FCC. First, and foremost is to put a letter on file in the station's Public Inspection File (how little I ever see that term posted here on DU and it's the key to hurting a radio station), next, if it's an NPR affiliate, speak to someone in the Ombundsman office and see if the station violated its grant rules by firing for political purposes and then see if others had the same thing happened to them. In unity there is strength, and the best results are made within the system.

My .02 worth. Far less Canadian.

[NashVegas]

137. Speaking of the Public Folder ...

Misanthrope should be able to get his hands on that email as well and get the ID and addy of the person who sent it.

[Mike Niendorff]

158. ^^^ READ THIS POST ^^^

There's been a lot of talk on this thread about legal action against the station, and I'm glad to see that.

BUT: I would also consider at least asking an attorney about possible avenues for legal action against the person who stalked you on this message board, dug up your personal employment information, contacted your employer behind your back, and then attempted (apparantly successfully) to get you fired from your job -- malicious harassment, deliberate disruption of your livelihood, I'd start with those and work from there.

As to the identity of this malicious coward:

If you can get a name, DO IT.

If you can even get an email address, DO IT.

Work from there. I can guarantee you that *plenty* of minds here at DU will be happy to help in tracking this person down.

Then, once you have a full identity, CIRCULATE THIS INFORMATION WIDELY. Find out if this person has done this to anyone else. At a bare minimum, make sure they're WELL known as an internet stalker and as someone who engages in extreme political harassment of opponents. Don't let them just hide behind their keyboard and pretend that this is all a big game. You just lost your livelihood because of this thug. If there's a way to hit back, DO IT. Get personal, get legal, and, if possible, MAKE IT EXPENSIVE FOR THEM.

I'm absolutely serious here. Make an example of this person. Hit him right in the wallet, and hard.

It's time to send a message loud and clear to these thugs that their days of harassing people with impunity are OVER.


MDN

[Name removed]

165. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Bake]

166. Possible cause of action against the freeper

Most states recognize a cause of action for "tortious interference with business relations" or "... contractual relations." Talk to a lawyer there. The freep was gunning for you and clearly butted in. You may have a cause of action against the freep.

As to the employer, I doubt it, if you are in an at-will state. As long as the reason is not illegally discriminatory, they can fire you for damn near anything.

Bake, Esq.

[wndycty]

116. I agree. . .

. . .I am self employed, which you would think gives me more freedom, but I bite my tongue so much when issues surrounding my clients pop up. And if I were discuss something to with my clients I would be very vague (you discussed the network and the market). We have a first amendment right to express our opinion but that also comes with a huge responsibility.

[Walt Starr]

3. Get an attorney

Don't even bother posting here. Simply get an attorney now.

[otohara]

71. Won't Help - I Sued Clear Channel

it's hell, no it is worse than hell.

[nothingshocksmeanymore]

144. No the main reason it won't help is that the specific behavior is probably

covered in his employee manual...don't mean to rain on the parade, but he is representing the station in public when he posts on a public BBS..this is a hard lesson to learn...but I would venture to guess he will have no case given he gave enough info to trace himself.

[pinto]

4. don't think one can be fired for political belief, your boss specifically

mentioned DU....worth a legal opinion if it's worth it to you.

ed spell

[Beetwasher]

6. Dude, That's BEYOND Fucked Up. Get a Lawyer IMMEDIATELY!

I'm pretty sure you've just been ratted out and discriminated against...How did anyone know who you were on this board????

[crossroads]

51. Freeper spies?

Remember what was brought out about Nick Berg's parents over on Freeperville? I wouldn't put it past them...
:eyes:

[tom_paine]

60. Unquestionably.

[nostamj]

8. if you did it on 'their' time or computers...

you're probably screwed.

if you did it on your time on your computer...

get a lawyer!

[lanparty]

27. Confidentiality ????

Well, this could be covered by a confidentiality agreemant. Typically, those things are supposed to stay "in house".

I would strongly suggest that EVERYONE avoid Democratic Underground at their workplace. And when you post, make sure that you're anonymous.

At this point, I'd suggest that this guy goes public and get a lawyer. The law probably isn't on his side. But NPR is supported mostly by liberal listeners. He could embarass the station into a settlement.

[Sterling]

90. No, use du as often as you can. I have it up all day in my office.

In fact my bosses are supportive to the degree that I convinced them to do a free Ad for MoveOn.org. Just make sure you either have permission or wont get caught but by all means keep DUing. Your country needs you manning the watch tower daily.

[atreides1]

29. Looks Like He/She Posted from work Computer.

I checked out misanthrope's other thread, it looks as if he/she was posting from a computer at work.

[Walt Starr]

40. Then he's doomed.

I cannot imagine a company not having a technology use policy.

[Hekate]

157. Labor law keeps reaffirming that if you use your employer's equipment

Labor law keeps reaffirming that if you use your employer's equipment there is no presumption of privacy.

I'm really sorry for your situation, but that's just how it is. When you are at work your time belongs to them, except for lunch and breaks, and their equipment and the products thereof also belong to them -- and that includes e-mails to your mother and your lover, not to mention political boards.

My sister is one of the lucky ones who can do personal e-mailing from her desk, but I wonder if she doesn't periodically clean her files. As a salaried professional she has more latitude, but that could change. I have a politically active friend (different employer) who is much much farther down the food-chain than my sis, and her computer use is monitered fairly closely -- after a couple of reprimands, she takes care of personal e-mailing on her lunch hour, and a bit after work if she can get away with it, because she's supposed to clock out and leave.

You have my sympathies -- this has got to be a shockingly painful experience -- but this is an area that is commonly misunderstood by employees. I, too, would figure that if I'm getting my work done what's the diff, but...

Hekate

[Name removed]

9. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Name removed]

18. Deleted message

Message removed by moderator. Click here to review the message board rules.

[JustFiveMoreMinutes]

28. Pass the Tartar Sauce!

LOL!

Actually I had posted appx 20+ messages when someone started a thread suggesting that 'low post counts' were probably Freepers.

I had lotsa fun with that one! "Hey, YOU talkin' about ME? YOU don't KNOW me..' etc.

So evidently the phobia of low-post counts comes with experience with Freepers freeping and not sticking around long.. so I'm just returning the 'questioning' of what seems to be very coincidental stories....

and seemingly 'missing something' in that 1) knowing they were posting to DU 2) knowing which posts were theirs and 3) fired for their 'opinions'... just things that make you go Hmmmm.

[rastignac5]

30. And there are thousands of NPR stations in the U.S.

How could anyone pinpoint this guy?

[bicentennial_baby]

33. Someone asked him where he was

and he answered

[JustFiveMoreMinutes]

36. Not funny.. but the irony....

... so converserly the person READING the DU posts then should be fired for READING DU on company time???????????

Hey, human behaviour isn't logical... so I'm NOT damning this poor guys story.. just asking.

I was on a Grand Jury once where the detective was saying they were knocking on the front door and no one was answering... and then he said they located them in a back bedroom.

I raised my hand and said "I'm sorry, if no one answered the door, then how did you find them in the bedroom". The poor guy looked over to the DA who nodded he could answer.

"We broke down the front door."

OOOOOOoooooooooooooo.. so see, filling in missing pieces DOES help the story! hahahaha (post 295.. gonna make 300 today!!!!)

[vetwife]

43. No holds barred.....In a right to work state

We are getting things done here and in these southern state the right to work they don't even have to pay min. wage. He is done. I agree it is morally wrong but legally in Alabama ...home of Judge Roy Moore..he is fighting uphill with a hammer and they have guns and artillery downhill. Sorry. Be glad you are not there anymore and put it behind you. Keep up the good fight ! We are getting to the truth faster than the regime wants us to.

[napi21]

10. So tell us the Station ID. You have nothing to lose now.

Where are you? If you're in the South, you can't do much except tell everyone here what station iy is, and we will support you. Contact the advertisers, the station, and just not listen!
Those damn Right to Work laws let the employer do almost anything.

If you're in the North, you may have a shot at wrongful dismissal. There is still FREE SPEECH THERE!

[atreides1]

34. Mobile Alabama

According to misanthrope's other thread the station is in Mobile Alabama.

There can't be that many public radio stations in Mobile?

[JustFiveMoreMinutes]

45. Okay Public Radio, Mobile Alabama and Jazz

Choose from:

91.3 WHIL Mobile Format: Public Radio/NPR
Website: www.whil.org

92.1 WZEW Fairhope/Mobile Format: Adult Album Alternative
Name: "92 the Zoo"
Syndicated Shows: Dr. Demento
Web Site: www.92zew.net


94.1 WMEZ Pensacola/Mobile Format: Adult Contempoary
Name: "Soft Rock 94.1"
Syndicated Shows: Delilah, Jim Brickman
Web Site: www.softrock941.com


97.5 WABB Mobile/Pensacola Format: CHR/Top 40

Name: "97-FM WABB"
Syndicated Shows: American Top 40, Open House Party, Rick Dees Top 40
Web Site: www.wabb.com

98.3 WDLT Chickasaw/Mobile Format: Adult Contemporary

99.9 WMXC Mobile/Pensacola Format: Adult Contemporary

Name: "Lite Mix 99.9"
Syndicated Shows: On the Air W/John Tesh, Jim Brickman, Delilah
Web Site: www.litemix.com

[info being]

73. This is the one:

91.3 WHIL Mobile Format: Public Radio/NPR
Website: www.whil.org

He said this morning it was NPR.

[JustFiveMoreMinutes]

79. Oh well, hard lessoned learned... public bulletin boards are no

place for too much personal information.

The 'I have a friend who ... ' should always be used.

[Hog lover]

149. Suggest everyone in support email the station manager

and tell him "shame on you".

[crossroads]

54. Probably how the *spies* located him...

I know they are here... The dude did say Mobile right after 12 noon...
"They" would have had time to call every station in Mobile and ask if there was a memo or some thing that caused him to be located. His post/thread "It is done" was at about 4 pm, and he said they had just called and fired him.

I recall Freepers activities of ratting on people on Nick Berg's parents thread here on DU not too long ago... anyone else recall that one?
:shrug:

[kaitykaity]

11. If you were posting on company hours

they got ya.

I feel for you, dude. Good luck.

[Taylor Mason Powell]

12. Deleted.

(deleted)

I agree with the rest. Can't hurt to at least consult a lawyer.

[hiphopnation]

56. Oooooooohhhhhhhh

Punitive damages!! :evilgrin:

[Taylor Mason Powell]

67. That you're giving me!!

;-)

[hiphopnation]

68. The people that you work for,

I'm probably going to sue them, too. :thumbsup:

[Taylor Mason Powell]

69. Sue EVERYBODY!

/inside joke

[kispoko]

134. i'm sorry, i've had a terrible accident sir

:P


and now to get off that, i'm calling these motherfuckers repeatedly over the next several days, and i'd advise everyone else to do the same..... if pharmacists can legally refuse to dole out certain kinds of prescriptions, someone ought to be able to openly speak about a personal conflict they're having with their job, even if it involves discussions of subversion, and *especially* when they go ahead and follow orders anyway! there is no crime!

that freeper and their fellow ilk think they should be able to have their tax dollars do the talking at public stations, and predictably, they also must think theirs are the only ones that should be allowed to do *any* talking...... our tax dollars fund the same, and is there anyone here who really wants them used for a ron reagan circle jerk on airwaves that are ours as well? but i bet they didn't concentrate any airtime on that side of the argument..... so what right(s) do *they* have to complain exactly?


don't sit back and let 'em feel easy about this, they'll come for you next....

[jayfish]

13. Sue Their Asses Off.

You may want to call or right the local and national media outlets. Scream from the rooftops.

Jay

[Taverner]

14. That is so fucked up

Probably legal, but fucked up indeed.

I knew NPR was going to the darkside, but now it is confirmed.

[usg353d]

15. Whatta crock of shat!

I hope your able to overcome this!


If you want to get revenge on your ex-boss, call John Ashcroft and tell him your boss bought a "Chong Bong"! That's how we can make the Patriot Act work for us!!! :-)

[rinsd]

16. I would consult a lawyer....

But I'm not sure how strong a case would be. Wrongful termination does not cover political beliefs, I think. But people have also been fired for bitching about their companies on blogs even without naming names.

Good luck, I'd talk to a lawyer friend though.

[wryter2000]

17. So sorry

I have no advice, just sympathy. :hug:

[DoYouEverWonder]

20. Go to your local EOC

Equal Opportunity Comm office and file a complaint or get yourself a lawyer who specializes in employment issues.

This has nothing to do with your job performance and it is blatant discrimination.

Good luck.

[theboss]

26. What kind of discrimination?

Unless you are a member of a protected class, they can fire you.

[Walt Starr]

42. Depends upon the specific employment laws of the state

IIRC, Alabama is a "Right to Work State", so he has a "Right to be fired for anyu damn reason".

[Beatrix]

89. .

.

[rinsd]

32. Maybe but there are several other factors....

1) I do not believe that political beliefs are covered under wrongful termination /discrimination laws. (someone please correct if I'm wrong on that)

2) The poster may have posted froma work computer which gives the company a valid excuse even if not the "real reason"

3) I believe that a few people have been fired from their jobs for talking about their companies on their own blogs.

Still, it's good adivce to go to a professional and see what's up.

[reprehensor]

21. Bummer. If you have no problem with Canada...

This is the coolest station in Canada...

www.ckua.com

I don't know if they are hiring, but they have a truly outstanding Jazz collection. If they are hiring, it would be an ideal place to work.

[Catherine Vincent]

22. Oh my. Are you serious?

I am so sorry.

[Cleita]

23. Google your name "misanthrope and democraticunderground".

Your posts on DU show up on Google with the links. Could it be this is how they found out?

[cmayer]

38. There are plenty of lurkers here.

How many public radio stations are there in Mobile, AL with announcers who broadcast from 10-noon?

Misanthrope, I'm sorry that the Hitler Youth were listening, but they were.

You risked your job when you posted your dilemma. I'd say you have several different paths to choose from. Consulting a lawyer is probably best, and should be first. I wouldn't hold out a lot of hope though.

Everything I've seen you post here has been in regard to your moral dilemma and respectful.

If you want to draw national attention to it, it might be possible. Instead of 15 minutes of fame, you might get 20. It might result in job offers, or it might make you radioactive.

Unfortunately, it would be harmful to public radio. There have been a lot of things that public radio has done to harm itself recently, though. Perhaps, this would draw some attention to that.

I think it's up to you. Consult a lawyer. Then tell us what you want to do.

We could start blowing the horns and banging the drums if you want.

[JustFiveMoreMinutes]

58. That's the coolest thing...

Fun.

Our posts can be googled & yahoo'd, but you have to be sure to have in Democratic Underground plus the name.

I did a search on mine and also on Misanthropes. There were no links to any current posts (latest was 5/31/04 on Artic Ice for misanthrope) so surely this wasn't the mechanism used to find him out.

[kiahzero]

99. No, you really don't

Google mine: DU and Slashdot are all that come up.

[JustFiveMoreMinutes]

100. Do you Yahoo?

From a Yahoo Search (nothing Googled tho):

Democratic Underground Forums - Does Nader = Stalin /Binary Poll
... When Nader kills millions of Russians, then he'll be Stalin. kiahzero. Feb-21-04 05:25 PM ... Messages posted on the Democratic Underground Discussion Forums are the opinions of ...
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Democratic Underground Forums - Microsoft XP question - File Properties
... What are you talking about? kiahzero. Mar-14-04 09:57 PM ... Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post ...
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[kiahzero]

102. Right...

Our posts can be googled & yahoo'd, but you have to be sure to have in Democratic Underground plus the name.

You don't have to put in Democratic Underground; just the username will pull up posts.

[theboss]

24. I am an attorney, but am not sure what you can do at the moment

Questions:

1. What state are you in?
2. Are you full-time?
3. Did you sign a contract?
4. Are you union?
5. Did you post from a work computer?

[MallRat]

25. Oh no... please tell me I didn't 'out' you by asking for your location.

I was afraid you might be giving me too much info.

Un-f'ing-believable. Get yourself a lawyer, man. A wrongful termination suit will make them uncomfortable... maybe even knock some common sense into their heads.

:cry:

-MR

[info being]

74. That's what did it.

He shouldn't have answered, though.

[jdsmith]

135. Had already answered several days back

when we were talking about Public Radio programming and the conservatism of Mobile. Given the detective skills of some people, he'd already done enough.

[Taylor Mason Powell]

31. A bit about Alabama Employment Discrimination Law.

http://library.lp.findlaw.com/articles/file/00696/002757/title/Subject/topic/Labor%20%20Employment%20Law_Employment/filename/laboremploymentlaw_3_58

Doesn't look very promising. While a few states offer even more protection than is afforded by federal anti-discrimination laws, Alabama appears to be one that does not. (shocking!)

Employment Discrimination in Alabama

Stewart & Hicks, P.C.


Federal law prohibits employment discrimination because of race, color, national origin, legal alienage, sex, pregnancy, religion, age, disability and union activity. While most state laws protect workers on the same grounds as federal law, Alabama law provides little protection for workers against discrimination.

Employment discrimination laws generally protect not only present employees, but also former employees and some people, like applicants for jobs, who never have been employees. Some of the federal anti-discrimination laws are:

(more)

[kentuck]

37. Seems you were fired for a hypothetical and not something you did??

How much did you discuss with your manager? I can say I'm going to go outside and run a marathon naked with Bush sucks tattooed across my ass, but if I do not do it, I could be punished for saying it? Isn't that a question of free speech?

[Name removed]

39. Deleted message

Message removed by moderator. Click here to review the message board rules.

[thebigidea]

46. the compassion just oozes...

[Name removed]

47. Deleted message

Message removed by moderator. Click here to review the message board rules.

[crossroads]

65. Sounding kinda cold there... buddy...

:eyes:

[musiclawyer]

48. Don't worry

Find the best Plaintiff's Employment Lawyer in your town. Tell him your story. Tell him you think you have an excellent "constitutional tort" case. No defense attorney will want to bring this before a jury. It will be in Federal Court. You will get a good settlement if you get the right lawyer. Count on it.

[theboss]

50. Are you actually an attorney?

That's some pretty sleazy advice.

[musiclawyer]

72. Yes, I am

And I am a defense attorney and do this stuff for a living and I hate to break it to you but that's how it is. Here, employee got screwed, and the employee has a cause of action. Management probably won't admit its error and probably won't want the employee back. So said employee's attorney's job is to make management think long and hard about the courtroom crapshoot. And that's all it is-- a crapshoot. But somtimes the odds are not so good for managment. And ninety percent of the time, a good case means a good settlement for the employee. Everyone moves on. You always here about the shitty cases being settled for some sum(legal extortion). Yes that happens. But you never here about the myriad good cases that quietly go away (for a reason).

[lastliberalintexas]

133. In what state do you practice?

Because in Texas, misanthrope would have no legal action whatsoever, absent the existence of an employment contract. The laws of the United States provide very little protection for employees when compared to those of other industrialized nations. S/He most likely does NOT have a cause of action, but should consult an attorney in Alabama who is familiar with *that state's* laws concerning employment. You gave very bad advice indeed.


I am astounded by the ignorance of many DUers when it comes to employment matters as shown on this thread. People have made assertions in this thread as if they actually *know* the law, but the majority of sentiments expressed here are completely wrong. I guess it is natural for people to assume/hope that they actually have protections as an employee in this country, but by and large, that is simply not the case. Sorry to be the one to point this out.

And I actually do practice employment litigation, both plaintiff and defense.

[nothingshocksmeanymore]

147. I see you beat me to it...I hadn't read your post. I posted the same thing

[kerry-is-my-prez]

97. That most certainly NOT is sleazy advice. It is correct advice.

n/t

[RapidCreek]

112. I couldn't agree more.

It never ceases to amaze me that those who operate in a sleazy fashion cry foul when their methods are matched and raised.

Frivolous injurious behavior should be met with equally frivolous legal action. It tends to dampen the party for the fuckers who's concept of right and wrong is defined entirely by their bottom line.

RC

[theboss]

120. You never promise "a big settlement"

That's what struck me.

[salin]

140. The post didn't state "big settlement"

it said "good settlement" - which I read to mean fair (as in - lost wages in the form of a decent severance settlement.) For some reason you read it to mean "big bucks settlement" - which was not stated, nor implied.

[nothingshocksmeanymore]

145. as i said above more likely than not he won't

I will bet my hat, my ass and my overcoat that a specific behavior precluded in his employee manual addresses exactly what he did...employees CAN be fired for public behavior which reflects poorly on the employer...especially if they sign a contract agreeing NOT to do certain things where the employers image is concerned...it's why cops can be fired for posing in uniform etc....

He gave too much info...it's a bummer but I seriously doubt it is actionable.

[DoNotRefill]

151. Music, California's a whole 'nother world from Alabama...

for employment law and law in general.

[0007]

52. Sounds like a fish story to me!

But if true , I'd learn to catch a dummy before I aplied for another job.

[Feanorcurufinwe]

154. So now that 2 days have passed do you still think the story is made up?

[quinnox]

53. Time to look for work

And you could also file for unemployment while you look, so you will get some funds coming in.

[dxbiker]

61. I don't think she/he can collect

The way I understand unemployment at least in CT if you get fired you cant collect. You must get laid off, but she could have an argument about why she was fired.

When I log in at work a little message comes up saying email belong to my company and something about INTERNET rights. If I got caught posting to any sites I would get fired. The proxy picks everything up

[Scout]

114. depends on the state, probably

I was fired, but since it was not illegal activity like drugs or theft, I was able to collect 6 months of unemployment. This was in Michigan.

[cmayer]

127. It depends on whether you are fired for cause.

If it is contested by management there is a hearing with the Unemployment Commission. It is not a courtroom and "right to work(fire)" has no bearing on it. The question is cause: valid or invalid.

Management would say it was for cause and they would have an argument, but not a sure winner by any means. They also may not even contest it, especially if it brought them bad publicity.

I would say prospects for a law suit are extremely dim.

[Straight Shooter]

64. misanthrope, I hope you can get by for a while without a job

I remember you saying you can't afford to take a day off. I know how miserable and depressing it can be to lose a job that's barely getting you by to begin with.

Check with your co-employees, see if they'll stand up for you and ask for your reinstatement. Approach the manager again. Sometimes people just need time to cool off. You're bright, you're articulate, you know what you're doing on air. Maybe you and this person can agree to disagree and find some other common ground. At least see if they will give you a good recommendation, letting bygones be bygones.

As for the work computer issue, if you were the only one, then it's a problem. If others are doing it, shouldn't they be terminated, also.

I would recommend not getting a lawyer. It will be a long, long time before the matter is resolved, you'll spend a lot of time, energy and money pursuing it. Also, businesses are very leery of hiring someone involved in a lawsuit with a previous employer, even when the lawsuit is 100 percent justified.

Best of luck to you. If you don't get the job back, I hope the next one you find will be the one that makes you happy.

[indigobusiness]

70. A GOOD lawyer is NOT an oxymoron...

..and will serve youwell.

They are going to need plenty of

http://www.buttpaste.com

[David Zephyr]

75. Grrrrrrrrrrrrrrrrrrrrrrrr.

Who is the fink that sold you out? Perhaps we should name him / her here.

[Dover]

76. Sounds like, in your last post, you anticipated trouble -

which makes this seem a bit like self sabotage (consciously or unconsciously). You even talked about working elsewhere. So maybe some part of you is, deep down, ready to move on. Don't play the victim...it's not empowering.

You said:

Regretfully...


...we have no web streaming right now. We have the technology for it, but the Station Manager says he just doesn't want to fool with the paper work. I can see why, after all, he would only be expanding the broadcast radius from just under a hundred miles to, oh say, THE ENTIRE PLANET! And what radio station would want that, right? Especially one that depends on listener support, huh?

Should anything hit the fan over this (which I doubt), it would get ugly for me really quickly if the details of the incident were made public. I would likely lose my other job writing for a local independent newspaper since one of the owners of that publication used to be an ass't press secretary for Trent Lott. I also would likely become the target of public harassment since this town is SO OVERWHELMINGLY conservative and has a nice track record of animosity. In fact, we had a lynching here around the time Reagan was stirring things up in Philadelphia MS.

All of my conversation in this thread reveals that I am fully aware of the directive, my intent, and the consequences of such. It could be damning. Legally, I don't think I would have a leg to stand on. I will say that my original intention, prior to being told to honor someone with whom I have strong ethical problems, was to not mention Reagan, or the Day of Mourning, whatsoever. "If you can't say anything good..." and the like. But, what do you do when you're told you have to address the issue?

"Job offers"? I'd believe that only if I saw it since I think that standing by your principles in this world is a sure ticket to spiritual peace-of-mind and material hardship. Ostracization and ordeal are the prices to be paid for "doin' the right thing."

But, I would love the light in which it would show this town.

[misanthrope]

86. You're correct...

...about my anticipation of backlash, that was why I decided to go ahead and do as I was told with the music.

The "legal" reference is toward the lack of worker's rights in this state, should my on-air actions (or lack thereof) had gotten me in trouble. Once again, that was why I complied.

[devinsgram]

77. I feel so sorry for you, it is not right

but it goes to show how afraid they are of DU.

[onecitizen]

78. It's too bad we live like this........

but in this day and age you have to be careful who you tell what to.

[otohara]

80. If You Want To Stay In Radio

let it go, move on...

[liberalhistorian]

81. I hate to be a pill here, but

if you were posting on company time using company computers, then they were within their rights to terminate you. It is, after all, their property, and you're supposed to be working on company time or at least not using company property for personal use.

Now, if you had posted on your own time using your own computer, that's a different story. But from what I've read, that isn't the case here.

People, please recognize that most employers nowadays monitor the activity on all company computers, including their employee's personal web surfing and posting. Now, they have the right to do that since it's their property and company time, and, unless you're on your lunch hour, you're supposed to be WORKING on company time.

[Catherine Vincent]

82. You know the more I think of this, it really ticks me off.

They could have at least given you a warning like, "we know you post on message boards during company time and we are giving you warning at of this moment to cease from doing this on company time, the next time it happens there will be no warning, we will have to let you go".

I'll bet if it was freakrepublic, they wouldn't have come down so hard on you. Bastards!

[Yupster]

141. As a small business boss,

the thing that would bother me the most would be that the employee seemed to be actively trying to undermine my instructions to him. In a small business this can be done in so many ways.

Have you ever heard that the best way to ruin your boss is to do exactly what he tells you to with no leeway? Bosses know this.

As a small business person who is often out of the office, as soon as I felt an employee was trying to undermine my directions, he/she would have to go.

The company computer stuff would be a good excuse, but that's not the reason he would have been fired. It would be because he's not working for what I believe the best interests of my business are.

He'd have to go, and no way would I ever hire someone who had that on his record of employment.

As unasked for advice from an employer, I'd ask the fired person to not advertise it all over town that he was looking for ways to get around what the boss told him to do. That will be a scarlet letter to every employer in town. It would with me anyway.

[mistertrickster]

152. Yes of course, an unenthusiastic, undercutting employee would have to go.

But would you ask your employee to put a Ronald Reagan sticker on their car? Would you ask an employee to answer the phone with "God bless Ronald Reagan"? Would you ask employees to wear flag lapel pins?

That's what this boss did.

The employee wasn't undercutting the boss--he was thinking about undercutting an unjustifiable demand.

Bosses are right to expect loyalty. But they are wrong if they expect demand subservience to their own political beliefs.

The employee should never have been put in that position.

[AP]

83. How "public" are they? If a government body owns them, then you have...

...constitutional rights, and they can't fire you for political speech.

[misanthrope]

85. I never said anything political on the air...

..or to anyone while operating under the official auspices of the station.

I founded a non-profit organization a few years ago and am well aware of how fragile non-profit status can be.

[AP]

92. That's not my question. If you're employed by the government you have

first amendment rights which they can't infringe.

If you're employed by a private industry, basically, unless there's a statuted, the only constitutional right you have is that they can't enslave you based on race.

So, if a government entity runs the station (a state university or a local school district) then you have first amendment rights against which they can't discriminate. Even if you didn't say anything political on the air, it looks like they've fired you because you expressed a political opinion anonymously on the internet.

Since it's anonymous, they'll have a hard time even arguing that they were hurt by what you said. Basically, they're just punishing you because of a political opinion you have.

[nothingshocksmeanymore]

146. Again AP and this is my legal domain...if it's covered in his employee

manual..and it more likely than not is...and he signed that manual..he has no case....most radio stations and entertainment outlets have pretty strict rules on how one can represent their station publicly...the poster gave his station location...his on air hours and gave enough info to compromise his anonymity and therefore the station's image...he's probably screwed and the issue is probably not actionable...employee manuals..once signed are enforcable.

[Feanorcurufinwe]

153. Which is why

I refused to sign my employee agreement at my last job. I didn't agree with what it said, I told them so, and I told them I wasn't signing. Five years later I quit that job.

[europeanguest]

161. dear misanthrope, please contact me

hi misanthrope,

i am regular discussant on the talkboard of the online edition of the british newspaper THE GUARDIAN. recently, a lot of american posters have frequented this talkboard, among them many rightwingers who also post on freerepublic.com. apparently, one of those posters was the whistleblower who is responsible for you loosing your job (see the guardian thread: http://talk.guardian.co.uk/WebX?[e-mail]9F1P.0@.7747144d/184)

why am i contacting you? i am a freelance journalist from a european country (not britain) and one of the (online) magazines i have written for in the past (it's actually one of the biggest in europe), already had some unpleasant experience with 'freepers' (i.e. posters from freerepublic.com) - they attempted to 'freep' an online poll on the foreign policy of the bush admin, i.e. they attempted to manipulate in favour of the reps. now i came across your story and i thought it would be a story of definite interest for the public over here.

however, to write the story, i would need some info from you. you can contact me, i have just registered and, provided that (technically speaking) my registration went smoothly, you should be able to click on the respective icon and write me a mail.

obviously, i would assure you confidentiality if you wish.

[misanthrope]

84. UPDATE...

...I've turned in my key, collected my stuff, and turned in my final time sheet.

Evidently, no one at the station knew what transpired. Some there are very upset.

I spoke to an attorney friend and he confirmed what I already knew, that I have absolutely no recourse in this state. Ironically, he was one of the founding board members of the station some two decades ago who claimed he extricated himself because of it's slow right-wing migration.

The editors from my other job are pretty excited about it, even the former Lott staffer. Actually, he's pretty "fired up" about it and started spouting out federal resources and connections before I calmed him down. They are chomping to start making hay with this immediately, but I told them to hold off for the moment, as I don't necessarily want to hurt the station itself. After all, it is our only public radio station and one of the few respites from Clear Channel and Cumulus. I've got to believe public radio is the most valuable part of this, right?

There are other friends in various positions of influence who are waiting to find out what transpires in this little saga.

I'm not left completely helpless by any stretch, but what is discussed here is obviously going straight to "someone else," so I don't feel like tipping my hand quite yet.

There are several interesting things that can't be discussed ...well, depending on what happens in the long run.

What is so curious about this is that I prepared to comply with their request. I said nothing untoward on the air and I never named the station or individuals involved while on this message board.

[Djinn]

87. one more reason I'm damn glad in live in Oz

this would be an easy Unfair Dismissal case.

[ScreamingMeemie]

88. Best of luck to you!!!

I hope it all turns out. :hi:

[molly]

119. I hope the person or persons who contacted your station

have a guilt free life. Time wounds all heels.

[Mike Niendorff]

159. See post 158.

n/t

[europeanguest]

168. MISANTHROPE, make this case public!!

dear misanthrope,

i try again, maybe you're off the board for a while, maybe someone else might help me out.

i am regular discussant on the talkboard of the online edition of the british newspaper THE GUARDIAN. recently, a lot of american posters have frequented this talkboard, among them many rightwingers who also post on freerepublic.com. apparently, one of those posters was the whistleblower who is responsible for you loosing your job (see the guardian thread: http://talk.guardian.co.uk/WebX?[e-mail]9F1P.0@.7747144d/184 )

why am i contacting you? i am a freelance journalist from a european country (not britain) and one of the (online) magazines i have written for in the past (it's actually one of the biggest in europe), already had some unpleasant experience with 'freepers' (i.e. posters from freerepublic.com) - they attempted to 'freep' an online poll on the foreign policy of the bush admin, i.e. they attempted to manipulate in favour of the reps. now i came across your story and i thought it would be a story of definite interest for the public over here.

however, to write the story, i would need some info from you (basically, the name of the station and a confirmation by you personally that this really happened).

you can contact me, i have just registered and, provided that (technically speaking) my registration went smoothly, you should be able to click on the respective icon and write me a mail.

obviously, i would assure you confidentiality/anonymity if you wish.

[kerry-is-my-prez]

94. What is the reason given for termination? Document EVERYTHING

Document every word that they said during the termination process, anything that they may have said about the termination and everything you can think of that they may have said or done that was inappropriate before your firing. You also need to be sure that you have any evaluations, etc. that they gave you.

I'm a human resources specialist who used to deal with terminations and employee relations - so if you need any help let me know.

[Bunny]

113. Yes. Document exactly what they said.

If they said: we're firing you because you posted unflattering things on Democratic Underground, you may be able to do something aobut it.

If they said: we are firing you because you improperly used a company computer while on company time, you are probably screwed.

It's important to note the distinction.

[For PaisAn]

101. This is all I could find, I'd find a lawyer that specializes in labor law

Job Termination Laws

The State of Alabama does not have any termination laws. Federal law
covers such things as discrimination based upon age, race, religion, sex,
national origin, and disabilities and is handled by the Equal Employment
Opportunity Commission whose office is in Birmingham [phone]. For other
questions regarding termination, employees should seek the advice of an
attorney.


http://www.alalabor.state.al.us/job_termination_laws.htm

[For PaisAn]

103. what was the reason for termination?

I believe they have to give you a reason, you'd need that when filing for unemployment. I'm very curious as to what reason they give.

[NightTrain]

104. Were you doing this from home or from station computers?

If it was the former, it seems to me you've got the makings of a strong lawsuit against that motherfucker!

[libhill]

106. Slap a lawsuit on his ass

for wrongfull termination. I`ve seen people sue my employers on lesser things, and win.

[grasswire]

107. Isn't this...

....a first amendment issue? Or could it be?

It would be very useful to peruse the employee handbook to see what regulations might have warned you. Did they warn employees about using the Internet on company time?

A phone call to your nearest ACLU might be in order.

I have an idea who might have done this. A certain freeper whose dirty tricks are legion. He's always punishing one liberal or another for their speech. He has called employers before.

[WLKjr]

108. From what I have seen you post here

You need counciling from a lawyer ASAP.
Make a couple of phone calls to your local ACLU office.
and make point of your 1st amendmant right was violated.

If it was a freeper who did this, what comes around goes around. ;)

[WLKjr]

109. And one other thing

As a future network admin, if you were doing this at work on company time, your screwed. But since your boss mentioned DU specifically, I would question his integrity and still call the ACLU and a lawyer.

[Scout]

115. Two things first

1. File for unemployment, even if you're not sure you'll get it. I was fired, and did receive 6 months unemployment.

2. Consult a good attorney. You just never know what might happen.

then, take some time for yourself to calm down, clear your head. remind yourself of your options--this could be the starting point for a great new job/career! this could be the catalyst you've wanted to make great positive change in your life.

I was fired, and I'm trying to see it and use it as the universe forcing me to do what I wanted to do anyway, but was too afraid to try.

Good luck to you!
:hug:

[Bettie]

118. That is awful...

I didn't know that you could be fired for having political beliefs that differ from those of the party in power, and, in this case, the management.

I would, however, check to see if firing you for their stated reason (that you hold differing political views and dare to express them) is legal. It may be, but its probably worth checking into.

Good luck in finding new employment.

Bettie.

[Dover]

121. Maybe you could share costs of legal counsel with this DJ who was fired

University Radio Station in Alaska Suspends Student DJ for Reagan Comments


FAIRBANKS, Alaska (AP) - A disc jockey at a university radio station who turned a Sunday radio show into a "celebration" that Ronald Reagan "was finally dead" has been suspended. The disc jockey, a University of Alaska Fairbanks undergraduate who goes by the call name "Spider Bui," said his show was a reaction to the media's positive portrayal of Reagan after his death Saturday. Managers at KSUA-FM said the show was in poor taste and was put on without permission. Neither the student nor station staff would reveal the student's real name.

No tape of the show was available. According to the disc jockey, he berated Reagan for his foreign policy in Latin America, Iraq and Afghanistan, and for what the student called a "homophobic" response to the AIDS epidemic.

"I said that I was sick of all of the media that was glorifying Reagan and rewriting history that was pretty despicable," he said. "Basically, what the gist of the show was, it was a celebration that Ronald Reagan was dead, was finally dead."


http://ap.tbo.com/ap/breaking/MGBD1KEQBVD.html

[mwar]

122. What a banana republic we live in now!

I'm at a loss at how posting to a message board constitutes "improper use" of company hardware. This looks more like a case of embarrassment by the station management than anything else. What tangible harm was done to the station? Did their ratings plummet? Was there an explicit contract prohibiting this type of communication? How do misanthrope's statements on this board differ from a negative e-mail regarding his/her boss? Would he / she have been fired for that too? I would ask the station management to produce some evidence to establish harm. What if misanthrope was posting positive messages about the station or the management on DU? Would that still constitute improper use and result in a termination?

I'm pissed.

You can tune up and down the dial in any major city in this country and hear the most vile, insulting lies directed at the political beliefs of the MAJORITY. That's us, folks! You can hear baseless personal attacks on a LIVING former president and his family. But all this is fine and wonderful so long as it generates millions of dollars for corporate sponsors.

We are at at war misanthrope... with our own government. Settle for the biggest chunk of cash you can get your hands on, or make enough noise so everyone can hear you without a radio station!

[Norquist Nemesis]

123. This has FR pawprints all over it.

Have any DUers that lurk over there seen someone taking the credit and getting pats on the back?

[Norquist Nemesis]

124. I was right! Here's your evidence.

http://www.freerepublic.com/focus/f-chat/1151209/posts

"To: sarasota; AZamericonnie; Kenton; theDentist; Ex-Episcopalian; JoJo Gunn; scott0347; All
Well, that was unanimous :-p Here's what I sent:

To: [e-mail] (Program Director Joann Breland)
CC: [e-mail] (General Manager Jeffrey Stoll)
Re: Your announcer may be planning to cause problems tomorrow

Dear Ms. Breland:

In surfing the Internet today, I came across a posting on a message board that appears to be from one of your station's announcers. While he does not reveal his real name in his posting, he indicates that he works for the NPR affiliate in Mobile, AL, and that he is the announcer for the 10 A.M. - 12 P.M. weekday programming block.

In his post, this person stated that, presumably due to a personal political grievance with the late President Reagan, he would not comply with instructions to announce an appropriately respectful memorial program for tomorrow's day of mourning for President Reagan. He solicited ideas that would permit him to ignore or circumvent those instructions and subtly insult Mr. Reagan through his choice of programming. The announcer posts under the user name "misanthrope"; you can read his posting and the replies by him and others at this link:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x1755097#1759511

I am sure you would not want what should be a respectful and nonpartisan observance of the loss of a former President disrupted by the political agenda of one of your announcers. As a taxpayer and supporter of public radio, I trust that you will ensure that tomorrow's memorial programming reflects the solemnity of the death of a former President. Thank you for your time.

Sincerely,


In case it was unclear, the radio station is Mobile 91.3 at http://www.whil.org and the link in the email is to the thread at (shock and surprise!) DU. It's probably unnecessary to bombard the station with letters, nasty or otherwise, but the program director and general manager are aware of what happened. I'll post again if I hear anything back."

[bicentennial_baby]

126. I knew it was a FReep!

Had to be....

[tom_paine]

136. We ALL knew it was a Bushevik Brownshirt

Totalitarians are very easy to predict.

[TXlib]

132. I don't believe you can go after the station

but you MIGHT be able to go after Flynn in civil court.

He's a college student -- having to worry about and defend himself from a lawsuit would be appropriate and just revenge, and teach him that there are consequences.

[Lucky Luciano]

164. I must say Mr Flynn is glad he didn't get me

I am a savage when attacked (I am Lucky Luciano for a reason) and I very well might kill the kid and send his testicles to his parents via Fed Ex.

[JustFiveMoreMinutes]

148. Link pulled by Freep Admin?

Understandably I guess.

[Mike Niendorff]

160. protecting the guilty party -- (see post 158).

If there's anyone who should be sweating bullets, it's the guy who wrote that email. ESPECIALLY if it contained any verifiably false information -- say, for example, when the freeper claimed that the DJ had posted that he "would not" comply with a station directive. Now, if the DJ *didn't* actually say that, then that would certainly be an issue that his attorney would be most interested in, now, wouldn't it?

Of course, a copy of that email -- including complete headers -- will certainly be on file at the station anyway, so JimRob's ass-covering for this creep isn't going to change anything in the end.

I hope he sues this freeper's ass off.


MDN

[Lucky Luciano]

167. They banned the rat's account at FR...

I bet it is also to protect the scumbag kid...they will let him sign up with another name.

[Quahog]

125. Bottom line, it's not about politics

I mean, it probably IS about political orientations at it's core, but you employer will never state that. They will state that the company has a policy that computer resources are not to be used for personal reasons, and that such use constitutes grounds for immediate dismissal. Theoretically, if you had been posting on Free Republic, the results would have been the same regarding your employment status.

Now, YOU may know that's not true, and WE may know that's not true, but it doesn't matter. If there's a written company policy that you violated, you have no case. My company has a policy that I cannot come to work drunk, that this is grounds for immediate dismissal. Let's say I had a rethug boss (I don't, she's a liberal lesbian, and the best damn boss I've ever had), and we've had some showdowns regarding political issues. I come to work buzzed, and they hand me my walking papers. I can go to a lawyer and scream, "This is just because I'm a liberal!" Doesn't matter, even if it's true. I violated a written company policy with full knowledge of the consequences of doing so.

Your ONLY hope from a legal standpoint is if you can prove that there are others at the company that are regularly violating the same policy, and that the supervisor who fired you is aware of these violations. Then, you could make a credible claim that you were singled out for enforcement of a policy that is ignored for everyone else. You'd have a shred of hope there for suing for damages, but you would need the witness of other employees who had first-hand knowledge of the conflicts between you and management regarding political opinion. Otherwise, it's your word against theirs, and they can say that they've just decided to start cracking down on that policy, and you're the first one they focused on, and that they plan to fire the next violator as well.

I'm not a lawyer, I'm an IT manager, but at my last job we had a lot of turnover for a variety of reasons, and my company sent me to some seminars on the legal issues behind hiring and firing. They also had an attorney on retainer who was pretty much acting as my personal advisor. So I got a really good education in this stuff. For the most part, the employer is vulnerable when there can be shown an inequitable treatment of a particular employee for no valid reason. Otherwise, company policies will trump most claims. We had one guy at my last job that we had to let go because we caught him denegrating our products on the phone with a customer. He tried to sue us because of some whacky discrimination issue (he was very obese), but we had a copy of a document he had signed that said, "I have received and read a copy of the Employee Handbook." And one of the bold items in there under "grounds for immediate dismissal," along with bringing a gun to work, was deliberately damaging the company's reputation with customers or other business associates. Three people heard him do it, on more than one occasion. He had no case.

BTW, if you "know a guy who knows a lawyer," it wouldn't hurt to run the scenario by a legal professional who would listen as a favor (i.e., not on the meter). My guess is you'll hear a similar opinion.

Good luck.

[Norquist Nemesis]

128. One minor detail...

"The manager said little. He just asked me if I had been posting messages on Democratic Underground's message boards. I said yes, he said "Turn in your keys. You're done." End of story."

According to his post, the manager did not qualify the question with "on company time" or "while you are at the station". The question was simply "have you been posting..."

[LondonAmerican]

131. I would likely have done the same as the manager

It certainly seems like passive/aggressive insubordination to me. It probably was not that clever an idea to post a request for ideas on how to undermine a manager's request on an online board -- certainly not after having essentially identified himself and his employer.

If it was posted from the place of employment, even worse. It is their property after all.

[Quahog]

162. Yes, very minor

If that is indeed what the manager said verbatim, then it does leave some doubt. If all of the posting to DU was done on a home computer on personal time, then yes, there is a case here. If DU gets subpoenaed to turn over records of postings and they find ONE that was made on company time, case closed.

[datasuspect]

129. email the station contacts

i emailed this to the following people:

[e-mail]
[e-mail]

copped the addresses from the freeper post.

i think this is shameful. regardless of the circumstances. this person did not advocate anything warranting the action his or her employer took.

-----------

In reading some discussion board threads today on www.democraticunderground.com, it has come to my knowledge that you recently fired an employee for discussing (using their protected right to free speech) a dilemma he or she was having on a internet discussion board.

Bear in mind, at the time the post was made, the employee had NOT ACTUALLY CARRIED OUT ANY ACTION, but merely discussed the situation.

This was the result of "dirty tricks" undertaken on the part of some scary people. Please see the discussion listed here: http://www.freerepublic.com/focus/f-chat/1151209/posts.

These people make an avocation of using fascist and intimidating tactics to compel belief in their intellectually stunted brand of ultra-right wing neo-conservatism.

Your "preemptive strike" against this person is despicable.

You should be ashamed.

[TXlib]

130. Let us know if you get a reply...

[regnaD kciN]

156. And here's my letter as well...

Dear Sirs:

It has come to my attention that you have terminated an announcer from your station for having posted (without identifying himself or your station by name) his discomfort with your plans for his program on the day of the Reagan funeral.

Don't get me wrong -- had he actually subverted the tribute while on-air, his dismissal would have been justified. But he did nothing of the sort. As it stands, it appears that you have fired someone for discussing his own political opinions on his own time.

I find the notion that you have to "watch what you say" about politics while away from work, lest you lose your job for having the "wrong" opinions, utterly reprehensible.

It's ironic that this came up concerning a tribute to ex-President Reagan, who is often credited with "winning the Cold War," and "defeating Communism"...for this sort of behavior from your station strikes me as far more what one would have expected in the old Soviet Union, not here in the U.S.A.

[DoNotRefill]

138. before you decide to sue....

be VERY careful what you do. I know of a situation with an employee of a NPR affiliate who was fired for raising an overtime issue with his employer. The station listed him as overtime exempt, when his job was in fact not overtime exempt. He was fired not for raising the overtime issue, but for supposedly discussing how much an employee was paid. According to State and Federal law, this is a matter of public information, with the station having to disclose the information on IRS Form 990 every year, and the information being subject to release under a FOIA request by State law. The Station's position is that it's confidential information. It's a right to work state.

He's fighting them, and they've effectively blackballed him in the industry, giving him negative references to all who ask.

In the meantime, he's getting no unemployment, and can't get hired anyplace else because of their blackballing him. Litigation will undoubtedly take several years, and is "iffy" at best. I give him a 20% chance of actually getting unemployment, and less of a chance of prevailing on the overtime issue. He's pursuing this because he's pissed as hell, but IF he wins, it'll undoubtedly be a Phyrric victory.

[Capn Sunshine]

139. I hope you're ready for a little national attention

Your story is cropping up all over the place :toast:
here's to you, Misanthrope

[dweller]

142. got a link?

to some of those stories?

tia
dp

[Capn Sunshine]

155. you misunderstand

I wasn't talking about corporate NEWS.
My apologies about the traffic load Skinner.

[seabeyond]

143. i would not have fired employee

i am hearing that some would have done same as manager. if i owned station and was clinton and i had a republican i knew offended by clinton, i would have allowed employee an out. i would have repsected and understood and valued my employee. i am opposed to the very premise this is all the manager or owner had in them. they lacked integrity