The Legality of "Vote for xxx, or you're fired"

Discussion in 'Politics, Religion, Social Issues' started by bradl, Nov 6, 2012.

  1. bradl macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #1
    Question for our resident lawyers here.

    Now that the election in the US is (somewhat) over, we now have to deal with the aftermath.

    With that, we have all heard the alleged stories of a certain companies backed by two certain brothers who have told their employees to vote for a certain candidate, and if that candidate did not win, jobs or livelihoods could be at stake. Whether that means that more layoffs occurred or were actually terminated is left to be seen.

    But let's assume the latter is done (the terminations). Before Citizens United, it was absolutely illegal to threaten an employee with termination if they did not do what the employer asked them to do in a political election. Various voting intimidation laws prohibited that. Citizens United undid a lot of that.

    With terminations happening under the circumstances, could not wrongful termination lawsuits be filed against employers? If so, would that not also drive up the costs for corporations (i.e., the corporations shooting themselves in the foot)? If so, could we start to see a swath of wrongful termination lawsuits coming up? and what would be the legalities of it?

    Finally, if someone brought forth such a suit, and directly sued the corporation, since "Corporations are people, my friend", could they not directly subpoena the corporation (the person)? If so, and they fail to appear, what would happen? Obviously, this is to point out the absurdity of the ruling, but would that even be possible?

    BL.
     
  2. VulchR macrumors 68020

    VulchR

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    Location:
    Scotland
    #2
    I'm no lawyer, but the norm int he US is a secret ballot, is it not? Nobody can tell who a given worker voted for. Or do I misunderstand something? :confused:
     
  3. iJohnHenry macrumors P6

    iJohnHenry

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    #3
    The operative word in their statement is "could". ;)
     
  4. Rodimus Prime macrumors G4

    Rodimus Prime

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    Oct 9, 2006
    #4
    I have a feeling those companies that did that are thinking oh **** right now because there is no way the justice department will protect them. Hell it might even go after them for voter intimidation.
     
  5. Andeavor macrumors 6502

    Joined:
    Aug 19, 2010
    #5
    They will just disguise it as "job cuts" because of the claim Obama is hurting the economy and some smart-ass attorney will swoop in and accuse the people who were "let go" were simply inadequate for the firm.

    The one thing the forefathers achieved successfully were legal loopholes - the entire legal system is built on them.
     
  6. Rodimus Prime macrumors G4

    Rodimus Prime

    Joined:
    Oct 9, 2006
    #6
    They could do the job cuts that way but you still have to go back to the original threat. The orginal threat no matter what the companies does afterwards (job cuts or hire more) is the key part.

    I would love to see them be gone after for that crap they were doing.
     
  7. sviato macrumors 68020

    sviato

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    Location:
    HR 9038 A
    #7
    Not sure which company you're referring to...
     
  8. Don't panic macrumors 603

    Don't panic

    Joined:
    Jan 30, 2004
    Location:
    having a drink at Milliways
    #8
    [alpha employer, pastor, husband, union leader, etc.]: "Bring me your absentee ballot"
    [beta voter]: "but, but, vote is secret"
    [alpha employer, pastor, husband, union leader, etc.]: "Now"
    [beta voter]: "here it is"
    [alpha employer, pastor, husband, union leader, etc.]: "Ok, now vote"
    [beta voter]: "can you look the other way?"
    [alpha employer, pastor, husband, union leader, etc.]: "why? you have nothing to worry about"
    [beta voter]: "but of course...."
    [alpha employer, pastor, husband, union leader, etc.]: "and.. done. excellent. You can give it to me, i'll mail it in, it's on may way anyway"
    [beta voter]: "thank you...."
     
  9. flopticalcube macrumors G4

    flopticalcube

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    #9
    Corporations are people, employees are assets.
     
  10. topgunn macrumors 65816

    topgunn

    Joined:
    Nov 5, 2004
    Location:
    Houston
    #10
    Are you referring to David Siegel? If so, his letter to his employees, while at best is in bad taste, is a far cry from being fired because of who you voted for. A company has every right to lay people off if they can't afford to pay them. Just look at what has happened since 2008 in nearly every business in the US. I don't agree with what he did but I don't think anyone laid off from this company in the next four years has a legal leg to stand on.
     
  11. VulchR macrumors 68020

    VulchR

    Joined:
    Jun 8, 2009
    Location:
    Scotland
    #11
    -OR- [beta voter]: "My vote is private, and I intend to keep that way. Meet my new union rep, who would like to have a word with you."
     
  12. noteple macrumors 65816

    noteple

    Joined:
    Aug 30, 2011
    #12
    Intimidation shouldn't be tolerated whether by club, thug, boss, or bribe.

    Some will always try to force their will on others.
     
  13. bradl thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #13
    David Siegel is one. Richard Lacks is another, though thinly veiled:
    Arthur Allen of ASG Software Solutions is another.

    Do I dare mention Those two brothers?

    Using the presidential election and the citizens right to vote is not, nor ever should be used as a bully pulpit to threaten an employee's livelihood. NEVER.

    I am still wondering about my second question.. If Corporations are people, could someone call the corporation to the stand in a trial? Not a representative of the corporation, but the corporation as a person. If so, I wouldn't be surprised to see a flurry of these suits coming up while everyone shakes their head in disbelief at Samuel Alito's dumbfoundedness.

    BL.
     
  14. LethalWolfe macrumors G3

    LethalWolfe

    Joined:
    Jan 11, 2002
    Location:
    Los Angeles
    #14
    Why exactly can't U.S. companies afford to pay their workers?

    [​IMG]
     

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