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Originally Posted by New Era
The business where I can't hold an employee accountable for something they did a decade ago while working for another company. If the individual got through the vetting process and the company was fine with the hire, then we can only judge the employee on their behavior during the time with our interest. Unless a law has been broken, and in this instance a law has not been broken, then I see no reasonable expectation for firing the guy. I don't know where you work, but if you fire someone without cause that leaves you open to a pretty good lawsuit. Considering the possible outcomes as a result of the Flames actions, this could be a pretty good lawsuit.
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There are no concrete rules for determining cause for termination. Each case is determined in its own particular circumstances. An employer may dismiss an employee for cause (without notice or pay in lieu thereof) if the employee undermines the employment relationship by conduct that is fundamentally inconsistent with the employee's obligations to the employer or conduct that is substantially prejudicial to the employer's business such that the employee's conduct causes damage to the employer's business or reputation or causes harm to the employer's customers. I see no reason why conduct prejudicial to an employer's business could not have occurred in the past (just as it may occur while an employee is off-duty.)
Quote:
Originally Posted by New Era
Do I find the use of the N word unacceptable? Yes, I do. But I continually hear the use of the word by blacks in conversations with other blacks, especially athletes. So that really weakens the argument of the unacceptability of the word IMO. I wince every time I hear it, but I find the double standard to its use unacceptable as well. No one should be using it regardless of color or ethnicity.
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I guess this could be true if one completely ignored hundreds of years of historical context?
Quote:
Originally Posted by New Era
If you fire Peters for using the N word a decade ago, you establish a very slippery slope. How long before you have to fire someone for calling someone a homosexual slur (heard on a near ice mic this week during a game)? It's a tough standard to set, especially when there is no one in the Flames organization that can substantiate the claim or has seen similar behavior. I'm all for firing the guy, as I never wanted him hired in the first place, but this just seems like the wrong reason to do it.
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As noted above, courts consider these cases in their individual circumstances. There is therefore little risk of a "slippery slope".