My paycheck this week will include a pro-bush statement with it

[Marnieworld]

This statement is being written by the owners of this small, family owned business. Father and son are republicans. Some of you may have read an earlier post of mine this week that said I was asked by one of them why would anyone vote for Kerry and I didn't really respond. I thought about sending him editorials, especially by conservatives supporting Kerry, then I thought to give him copies of Going up River and F911. Now I am just gonna ignore the incident because I know now how partisan they really are.

My question- I know that is totally inappropriate to mix politics and the work place. It's just as wrong as havinga pro-christian statement with our checks. What I want to know is, dear sweet community of brilliant minds, IS THIS LEGAL? It's wednesday today we get our checks on Friday. I want to know by then. I'm already thinking of saying how offended I am about it. It really makes me sad because besides this I really love my job and I'm about to buy a house so it's not the time to leave. What should I, can I, Do?

Pissed and sad,
Marnie

[RivetJoint]

1. Small, family owned business?

Yep, it's legal.

[Marnieworld]

7. really?

Damn. Is it legal to do the same with religious bias? How is this not an abuse of power? How is this not creating a hostile work environment? I'm gonna try and get a copy of it in advance from the person who gave me a heads-up. Originally it had in it I heard, a bunch of statements about Kerry's point of view but the company that handles our checks put a stop to that and made it just pro-bush. It's so insulting. It implies that 3 days before the election we are all so clueless and susceptible to this as an influence. I really think of it as a privacy issue. I fear how this will escalate and how if either one wins. It really sucks because I was really liking it here.

[lastliberalintexas]

14. Religion is different

Religious bias is covered by Title VII and most equivalent state laws, so if you feel that you are being discriminated against because of your religion or lack thereof, then you might be covered. Political affiliation is not typically a protected class for employment discrimination laws.

Bear in mind, however, that most employment discrimination laws only cover employers with 15 or more employees. Again, it just depend son whether your state provides more protection than most.

[RivetJoint]

24. They can put what the want on their pay checks

It's called free speech.

[Kathy in Cambridge]

18. Actually, it's not

They are creating a hostile work environment, which is against the law.

[lastliberalintexas]

20. Against which protected class?

Is this hostile work environment being created because of his religious beliefs or lack thereof? If so, then anti-discrimination statutes (federal or equivalent state) would likely cover the situation. But not just because of his political affiliation.

Sorry to have to be the one to inform you guys of this, but American workers have very few protections in the workplace.

[RivetJoint]

22. How so?

Back this up.

[Kathy in Cambridge]

29. I just wanted to see you spin some RW BS

which you appear to do SO well...

*sniff*

[RivetJoint]

31. Do tell?

What is right wing about free speech?

[ArkDem]

42. Quit using big words..

[Kathy in Cambridge]

48. This board is for Democrats

not a forum for RW spin.

That's all I have to say. :-)

[Bridget Burke]

32. Hey, everybody's got a talent!

It's good to know that some things remain constant in this changing world.

[Snotcicles]

43. Make a copy of all correspondences for future legal action. n/t

[theboss]

47. What is the basis of the legal action?

A lot of the legal discussion on this board reminds me of that Jerky Boyz tape where the caller is looking for "punitive damages."

[theboss]

46. Nope. You are incorrect.

Creating a "hostile work environment" is not against the law unless you are a member of a protected class. Last time I checked, political parties are not a protected class.

[young_at_heart]

2. The key words in your post......"pro-Christian"

It seems in order to be a "good" Christian you MUST vote for Bush!

[Bandit]

3. I believe it is a form of harassment and you should look into it

I would fear for my job if I was in your situation. Your boss is being very unfair by his blatant politicizing. You have every reason to fear his reprisals over your politics.

[lastliberalintexas]

10. It's actually typically legal

There is no federal law against this, anyway. This sort of "harassment" is not covered by Title VII or any of the other federal anti-discrimination laws.

Unless there is a state law where you live which includes political affiliation as a protected class for employment discrimination matters, it's most likely legal. It just depends on your state.


Most people, even here at DU, continue to be surprised at just how few protections American workers have.

[mikehiggins]

4. It isn't illegal and I wouldn't make an issue of it

Just be prepared to be sympathetic next Wednesday, and let them know (if asked) that you have to figure it was God's Will.

Too many people have lost their jobs over stuff like this.

[Gildor Inglorion]

5. Take their money, dear heart....it's been in evil hands long enough!

I have worked for repukes before; saying you're offended won't do a bit of good. Just take their money and donate some of it to progressive (Democratic) causes.

[Iris]

40. I like the way you think!

(edit - I wanted my devil face to show up in my subject line! Oh, well. . .)

}(

[Cronus Protagonist]

41. I concur with this idea

I do it all the time. Take as much Republican money as you can and put it to good use.


We ship same or next day by first class mail - there's still time to get some of these beauties!
http://brainbuttons.com/home.asp?stashid=13

[catzies]

6. It's not what they say, but what they do about it (IMO)

What are the repercussions for ingoring it? Are they going to ask everyone when they come into the office on Nov. 3 how they voted the night before, and axe all the Dems?

[Marnieworld]

12. Maybe I should just wait it all out and see how it plays out

Maybe this is just another sign of how different and divided this country has become. I put a kerry bumper sticker on my car to take a stand so I guess I should be prepared for what happens after I open myself up about it.

[eyesroll]

8. Is your company a sole proprietorship, joint partnership or LLC?

Then, yep, it's legal. You probably can't get fired based on your views (depending on the state), but they can use company resources for campaign purposes (up to $2,000 per partner -- I doubt the messages cost much of anything.)

If your company is a corporation, then it's misuse of corporate funds and is illegal.

[Marnieworld]

25. It is a corporation!

They are incorporated tell me more how this is illegal then. We are in Bucks COunty PA

[eyesroll]

27. Visit www.fec.gov

And take a look at the rules there. They do have an enforcement hotline you could call to find out.

I suppose it's possible for the owner to use his own money and his own printer to write these notes...that may be a grey area.

Good luck.

[dr.strangelove]

35. Its not illegal if its a closely held corp

Really any corp can have a vote of the shareholders to support a candidate and then the corporate person is limited by the same monetary rules that you and I are bound by. If the corp is owned by a father and son, or brother and sister, or something like that, unless one of the other shareholders wants to challange it, its legal.

[Cerridwen]

9. It may be legal, but, is there something that requires them to report this

as an in-kind contribution? Will they? Just to keep them honest, I mean.

[Mojambo]

11. If you have contributed financially to the Kerry campaign

Take satisfaction in knowing that this guy (your boss) has indirectly supported the election of Kerry.

If you're feeling brave and don't care about losing your job, you might even mention it.

In any event, smile A LOT on Wednesday at work.

[Hello_Kitty]

52. I like that. Maybe you could print up a receipt from a JK fund website

And give it to them.

[meegbear]

13. If you don't have direct deposit ...

write "Go Kerry" or something like that below your signature on the back.

[goodboy]

15. If they somehow infringed on your rights you could get them..my advice:

call a lawyer, maybe he or she will write a "friendly" letter to your boss.

[lastliberalintexas]

16. What "right" would that be?

Just curious to see what the response is...

[goodboy]

17. couldn't this be considered intimidation of harassment? Especially if

gainful employment is effected by your political affiliation?

[lastliberalintexas]

23. Well, I would consider it harassing,

but that doesn't mean it's *illegal*. I can't speak to every state law, though. There might actually be a state which protects political activity, but I'm not aware of it.


In fact, Title VII specifically allows that an employee can be fired for membership in the Communist Party. Go figure.

[goodboy]

28. WOW...I was gonna mention Title VII until I read your other post

Is that provision from the 50's?

[Tamyrlin79]

19. Why not rip it up and give the shredded pieces back to them?

If they FIRE you for that, for your political leanings, now THAT might be illegal...

[bobbyboucher]

21. Make an enlarged copy of a Kerry campaign donation check,

and post it conspicuously at your desk. If you can't afford it, just write the check, copy/enlarge it, then void it. Make it out for a thousand bucks.

See what that short-sighted buttnut has to say about that.

[Marnieworld]

26. Here is the memo that will be included with my paycheck

I posted it in another thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x2547250

[flpoljunkie]

30. Kerry will be giving tax breaks to small business. Only 2% make over $200K

despite what Bush says. He and Cheney are considered "small bidnessmen" for income tax purposes--another way the greedy afluent have gamed the tax code to their benefit.

Kerry's health care proposals will enable small businessmen to be more able to afford health care for their workers. This is beneficial to small business. Bush's medical savings accounts are tax dodges for higher income folks who are in good health. They will not help small businessmen.

[Not Me]

33. Toss it in a waste basket...in full view

[fob]

34. Turn in your timecard with either an anti-bush* or Pro-Kerry note pinned

to it, seems only fair.

[TrogL]

36. Bear with it one more week

Then hopefully everybody will get back to business.

[TXStacy]

37. be thankful...

you have a job that you love that is allowing you the opportunity to buy a house. When you get your check just toss the flyer in the garbage where it belongs!

[Marnieworld]

38. You got a point there TXStacy

But what if everything changes now? What if they don't stop here? I can't wait until Wednesday. Please God let Kerry win without a recount fiasco- PLease!

[Bridget Burke]

39. Say nothing.

But quietly begin looking for a new job.

[vetwife]

56. Got a Bulletin board? Or Refrigerator? Print a Kerry/Edwards message

To balance it out !

[IkeWarnedUs]

57. If you do, I suggest using a pro Kerry endorsement

The New York Times and Chicago SunTimes both did very good endorsements. Why not copy one or both, make copies and pass them around. They are well reasoned and not only talk about why not to vote for Bush, they also discuss why people should vote for Kerry.

Here are links to the endorsements. I cut and pasted them (with links) so they fit on 8 1/2" x 11" paper on Works - SunTimes one page, NYT two - I can e-mail them if you like.



http://www.suntimes.com/output/commentary/cst-edt-edits24x.html



http://www.nytimes.com/2004/10/17/opinion/17sun1.html?ex=1099038334&ei=1&en=3bf394b9d0e6882c


I offer these only if you are comfortable responding at work. I don't think anyone wants you to put your job security in jeopardy.

[cmf]

44. Depends on where you live

In Seattle (or Washington State I'm not sure which one), we have a law on the books protecting political beliefs as a class, so one could not harrass on that basis. I don't know if other jurisdicitons have that. We just had training on anti-harrassment a few months ago and I remember that political belief was protected.

[theboss]

49. For the record, that's an extremely stupid law

That sounds like I could be fired for my "Re-Defeat Bush" bumper sticker in my office.

[cmf]

54. I'm not sure if it could get you fired, but

In my office someone posted a joke about Bush several months ago, some Repuglican complained and we all got a nasty gram about it. Most people think that's what spurred the harrassment training.

[theboss]

45. Unless there is some state law about this, it's legal

I only really know federal employment law, but unless you are being discriminated against and are a member of a protected class (sex, gender, racial, religious), this is perfectly legal.

Think of it this way: would it be illegal for a local druggist to put up a "Vote for Kerry" sign in his front window? Of course not.

[leetrisck]

50. If you want to keep your job, just keep quiet

they would never admit to firing you for political beliefs but other "reasons" will materialize. You have no protection - please don't think that you do.

[Yunaleska]

51. In some states

It IS illegal for an employer to attempt to sway employees politically. You should check with an attorney about the laws in your state.

[mitchum]

53. Sabotage the company from within...

it's the least those shits deserve

[mdguss]

55. I think it might be illegal:

Not because of the political message--if they wanted to fire every Democrat that works there they could.

There is a question about exactly what they're including the message on: the paycheck. I'm not a lawyer, and I generally try to stay as far away from them as possible, but from my experience I think that could be illegal. You're usually not allowed to hand out something over a specified value when asking people to support a candidate.

It would be fair for them to send a memo saying they think Bush is good for their business. And again, if they wanted to, they could fire people for political reasons. Unless you're in Washington D.C., D.C. has an ordinance that makes political affiliation a protected class.