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Originally Posted by Cappy
Which lawyer? cause I don't think it's cut and dry at all. Granted we don't have the full picture of the story or the code of conduct but man this story raises so many issues and many employment lawyer's i have talked to would gladly take this case. Even if the Union doesn't help, he can hire a lawyer and go after both company and union.
EDIT: I am not arguing that this guy is innocent or the Company was legally wrong in justifying termination for cause, but this is not a cut and dry area and there is room to argue for the employee. BUT, it is important to realize that any lawyer commenting on this case does not know the full story and cannot base a termination on the facts that have been presented.
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The lawyer didn't claim to have all the facts. He just said from a legal standpoint, an employer can terminate an employee for conduct away from the office and outside work hours if that conduct could affect the work place negatively embarrass the company or affect customer relations. In this case, based on the information everyone has, he thought there were many reasons why one could conceive that it would have a negative impact.
He never said that there was no recourse for the individual, only that it can and does happen all the time. He also said that someone in a management position, as this guy was, would have a harder case to prove that his actions wouldn't have an impact.