solohawks
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Support Trump - Lose your Job
Chief's wife posts something Chief gets fired
NK level punishment by the Dems
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10-12-2020 08:02 AM |
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banker
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RE: Support Trump - Lose your Job
I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
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10-12-2020 08:47 AM |
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solohawks
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RE: Support Trump - Lose your Job
Not sure of that particular jurisdiction's structure, but the NYPD commissioner serves at the pleasure of the mayor.
Depending on how they are set up it could be similar
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10-12-2020 08:54 AM |
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Captain Bearcat
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RE: Support Trump - Lose your Job
(10-12-2020 08:54 AM)solohawks Wrote: Not sure of that particular jurisdiction's structure, but the NYPD commissioner serves at the pleasure of the mayor.
Depending on how they are set up it could be similar
"at the pleasure of the mayor" still entitles you to basic workplace protections. For example, they couldn't fire him because he started attending a different church service.
There is abundant case law concerning the constitutional protections of at-will employment.
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10-12-2020 09:02 AM |
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bobdizole
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RE: Support Trump - Lose your Job
(10-12-2020 08:47 AM)banker Wrote: I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
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10-12-2020 09:06 AM |
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RE: Support Trump - Lose your Job
(10-12-2020 09:02 AM)Captain Bearcat Wrote: (10-12-2020 08:54 AM)solohawks Wrote: Not sure of that particular jurisdiction's structure, but the NYPD commissioner serves at the pleasure of the mayor.
Depending on how they are set up it could be similar
"at the pleasure of the mayor" still entitles you to basic workplace protections. For example, they couldn't fire him because he started attending a different church service.
There is abundant case law concerning the constitutional protections of at-will employment.
Yes. If he wanted to fight this, city is on the hook. Government can't violate freedom of speech or freedom of association.
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10-12-2020 09:13 AM |
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RE: Support Trump - Lose your Job
But this is what's scary. Its happening in private business.
Not directly related, but the mom of the police officer charged in the Wendy's shooting got fired for supporting her son on Facebook. Unreal.
And the guy will get off. It was a justified shooting. He was being tasered when he shot.
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10-12-2020 09:14 AM |
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banker
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RE: Support Trump - Lose your Job
(10-12-2020 09:06 AM)bobdizole Wrote: (10-12-2020 08:47 AM)banker Wrote: I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
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10-12-2020 11:41 AM |
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RE: Support Trump - Lose your Job
(10-12-2020 11:41 AM)banker Wrote: (10-12-2020 09:06 AM)bobdizole Wrote: (10-12-2020 08:47 AM)banker Wrote: I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
Dealing with a lawsuit takes a lot of time. It may take a lot of money. He may have just wanted it behind him.
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10-12-2020 11:42 AM |
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bobdizole
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RE: Support Trump - Lose your Job
(10-12-2020 11:41 AM)banker Wrote: (10-12-2020 09:06 AM)bobdizole Wrote: (10-12-2020 08:47 AM)banker Wrote: I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
He had been on the job for 26 years, probably didn't deem it worth the fight and risk losing his pension.
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10-12-2020 11:44 AM |
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solohawks
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RE: Support Trump - Lose your Job
(10-12-2020 11:44 AM)bobdizole Wrote: (10-12-2020 11:41 AM)banker Wrote: (10-12-2020 09:06 AM)bobdizole Wrote: (10-12-2020 08:47 AM)banker Wrote: I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
He had been on the job for 26 years, probably didn't deem it worth the fight and risk losing his pension.
Exactly.
Everyone's situation is different.
With everything going on, do you wanna become such a public figure and risk your retirement?
If I had been in a job for 26 years and was nearing retirement age i don't know if I would wanna rock the boat
Maybe he should but you can't fault him if he doesn't want to be that guy
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10-12-2020 11:57 AM |
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Attackcoog
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RE: Support Trump - Lose your Job
(10-12-2020 11:57 AM)solohawks Wrote: (10-12-2020 11:44 AM)bobdizole Wrote: (10-12-2020 11:41 AM)banker Wrote: (10-12-2020 09:06 AM)bobdizole Wrote: (10-12-2020 08:47 AM)banker Wrote: I can’t completely buy this. There is absolutely no way that the chief didn’t have a winning case against termination, so while it certainly could have been the reason the mayor wanted him out, there has to be more about what she had to get him out.
He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
He had been on the job for 26 years, probably didn't deem it worth the fight and risk losing his pension.
Exactly.
Everyone's situation is different.
With everything going on, do you wanna become such a public figure and risk your retirement?
If I had been in a job for 26 years and was nearing retirement age i don't know if I would wanna rock the boat
Maybe he should but you can't fault him if he doesn't want to be that guy
Yup. Its basically a political position where you serve at the pleasure of another. I think that position is probably governed by a contract, like a school superintendent.
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10-12-2020 12:01 PM |
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CardinalJim
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RE: Support Trump - Lose your Job
And they wonder why people lie about whom they support.
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10-12-2020 12:59 PM |
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Captain Bearcat
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RE: Support Trump - Lose your Job
(10-12-2020 12:01 PM)Attackcoog Wrote: (10-12-2020 11:57 AM)solohawks Wrote: (10-12-2020 11:44 AM)bobdizole Wrote: (10-12-2020 11:41 AM)banker Wrote: (10-12-2020 09:06 AM)bobdizole Wrote: He wasn't fired, he was "asked" to retire and he did so he couldn't file a wrongful termination suit.
I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
He had been on the job for 26 years, probably didn't deem it worth the fight and risk losing his pension.
Exactly.
Everyone's situation is different.
With everything going on, do you wanna become such a public figure and risk your retirement?
If I had been in a job for 26 years and was nearing retirement age i don't know if I would wanna rock the boat
Maybe he should but you can't fault him if he doesn't want to be that guy
Yup. Its basically a political position where you serve at the pleasure of another. I think that position is probably governed by a contract, like a school superintendent.
"Resign or be fired" is viewed by the courts as being fired.
Again, there is extensive case law on this.
As long as there is evidence that the resignation was in any way coerced, he'd have a case for wrongful termination. Perhaps it's not as strong of a case because he'd have to prove the coercion, but for this particular case the evidence looks like it would be easy to find.
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10-12-2020 01:05 PM |
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Attackcoog
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RE: Support Trump - Lose your Job
(10-12-2020 01:05 PM)Captain Bearcat Wrote: (10-12-2020 12:01 PM)Attackcoog Wrote: (10-12-2020 11:57 AM)solohawks Wrote: (10-12-2020 11:44 AM)bobdizole Wrote: (10-12-2020 11:41 AM)banker Wrote: I understand that. The point is that it is presented as a resign or be fired scenario. If presented with that, if this Trump post was the only reason, and you still wanted your job, what compels you to resign?
For the record, I was personally placed in a similar position in an at will state. Senior management tried to pin something on me to cover their azz. Offered me a resign or fire deal. Told them to fire me, sued them and did just fine with that.
He had been on the job for 26 years, probably didn't deem it worth the fight and risk losing his pension.
Exactly.
Everyone's situation is different.
With everything going on, do you wanna become such a public figure and risk your retirement?
If I had been in a job for 26 years and was nearing retirement age i don't know if I would wanna rock the boat
Maybe he should but you can't fault him if he doesn't want to be that guy
Yup. Its basically a political position where you serve at the pleasure of another. I think that position is probably governed by a contract, like a school superintendent.
"Resign or be fired" is viewed by the courts as being fired.
Again, there is extensive case law on this.
As long as there is evidence that the resignation was in any way coerced, he'd have a case for wrongful termination. Perhaps it's not as strong of a case because he'd have to prove the coercion, but for this particular case the evidence looks like it would be easy to find.
I understand. My point is that this employment is likely based on a written contract---thus the relationship would be subject to the conditions and limitations that both parties agreed to when they entered the deal.
(This post was last modified: 10-12-2020 01:14 PM by Attackcoog.)
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10-12-2020 01:12 PM |
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