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jaywalking

Discussion in 'Termination: Firing & Resignation' started by danny_bos, Jan 17, 2008.

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  1. danny_bos

    danny_bos Law Topic Starter New Member

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    our whole foods in bellevue washington says they will fire you if you jaywalk on the public street outside of their store. to me this doesn't seem to be legally legit. you're off the clock and you're on public property. can they do this?
    thanks, dan
     
  2. cbg

    cbg Super Moderator

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    Yes, it's legal. They can fire you for any reason that is not specificially prohibited by law.
     
  3. Scooterdog

    Scooterdog New Member

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    This one depends upon the state. I was working for a company who said if we failed to take a BAC test on demand from any cop, we would be fired. What ever. I'm not giving up any of my rights for anyone or thing. We call this a free country? I've worked with people from all over the world, and they can't believe what we go through for work.

    cbg is correct for the most part. But, each case is different. Most state you are an "at will" employee.

    You could move to China, you have more freedom there.

    YOu can not be forced into slavery legally in the US, but every day, people become wilfull slaves. Unreal.

    What would happen if you beat the jaywalking ticket?? Do you get back pay and your job back?
     
  4. cbg

    cbg Super Moderator

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    Scooter, by all means please tell me which state has a law prohibiting an employer from firing an employee for jaywalking outside the building.

    I agree that a state *could* put such a law into effect. But so far, no state has.
     
  5. Scooterdog

    Scooterdog New Member

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  6. cbg

    cbg Super Moderator

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    Just as an FYI, the only state that is not at least nominally at-will is Montana, and even Montana recognizes the at-will doctrine in some situations.
     
  7. Scooterdog

    Scooterdog New Member

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    Road Island is another.
     
  8. cbg

    cbg Super Moderator

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  9. Scooterdog

    Scooterdog New Member

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    cbg is correct, it isn't Road Island.

    The doctrine of "At-will employment" comes from a case Payne v. Western & Atlantic R.R., 81 Tenn. 507 (1884), and was and is adopted by the majority of the states.

    You can override this if your company has an "employee's handbook".

    The Payne case can easily be overrideen by any state legislature if it chooses to do so as the state of Montana did along with the Virgin Islands and Puerto Rico.

    Road Island was not one of them, I had my Islands confused.
     
  10. Green_Hornet

    Green_Hornet New Member

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    The reason for the Jay walking policy is if the employee is hit by a car,leaving or going to the car on at work, the employer could be stuck with a Workers comp claim. It's not that unusual of a policy.
    Not all states recognize the handbook exception,which falls under the theory of Implied contract. The states that do recognize the at-will presumption,(which for all realistic purposes is all 50 states) at will is presumed,the plaintiff has to overcome the presumption. This is not an easy task.
     
  11. ndusa1

    ndusa1 New Member

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    ha ha...'road' island' .... hahahahahah .... so what's your drug of choice, scootie? crack?
     

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