John A. Quayle blueoval at SGI.NET
Mon May 12 23:29:53 MDT 2003

At 06:56 PM 5/12/2003 -0700, Stephen A. Frye wrote:

>Organizations - such as businesses and schools alike - often do things
>that they really do not have the legal authority to do.

         I believe the Constitution provides us all with freedom of
association in some manner, does it not?

>I signed no contract with my employer regarding my conduct away from work
>and work functions.

         I never have, either.............

>If I misbehave at work or at a sanctioned activity - they can do as they
>will. If I misbehave on my own, I sincerely question their legal right to
>do anything about it.

         I recommend that you visit <http://www.Myresources.com> and wade
through some of the info they have there on firings - legal and otherwise.

>They may well find (read manufactured) another reason to fire me. If I am
>convicted of something, then that may, and I emphasize *may*, open the
>door for them to act.

         Most businesses don't even wait long enough to get the verdict
anymore. Some do. Most, at the mere whiff of impropriety, will deep six the
individual involved. What also is key is whether you live in a
"right-to-work" state. Then, it's a lot tougher to get rid of bad elements
in the workplace. Pennsylvania is not a right-to-work state. If I go in to
a job and my boss takes umbrage at my suit, tie or even my crewcut, he can
legally toss me.

>Where is the line drawn?

         Being that I'm a lowly member of the great unwashed (read that "no
ties to the legal profession"), I cannot give a coherent answer.

>What if a student's home life - such as religious practices, etc - are
>perceived by the school (or the employer) to not be in their best
>interest. Are they then free to expel/fire someone?

         They are free not to accept the enrollment of the individual in
the first place.

>Without legal convictions, I have to side with the students here - however
>deplorable. It is, so far, beyond the scope of the school.

         Not yet........let's see what shakes out, first.

>Who defines deplorable?

         The School Board, the Board of Regents, the Head Master, the
Superintendent, the Principal...........it's whatever applies. Some schools
even have a policy advisory council, responsible for setting school policy
on any and all issues.

>What if the school (or an employer) decides that a student's support of
>the NRA, anti-abortion actions, etc are deplorable?

         The student can be removed from the enrollment - legally.

John Q.
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