jaywalking

[danny_bos]

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

 

[cbg]

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

 

[Scooterdog]

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

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?

 

[cbg]

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.

 

[Scooterdog]

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

I don't think I could show you such a state law. I said you are considered an atwill employeee, which in all but about 3 states, they can fire you for no reason whatsoever.

Personally, I would sue the company for voilatiting my right to privacy. Your acts at home have nothing to do with work.

Montana is an excellent example of protecting our right to privacy. what we do on our time, is OUR personal time, and nobody can interfer with it, provideing you are not hurting someone else. But then again, we in Montana are not mere "atwill empoyee's".

Example of the scam: Drug testing. I'm sure if your company has this, you fail the fake test, you lose your job. Man, the oil companies were hitting us left and right in Montana, never give you results, just fire your ass. In Montana, "random" test are a voilation of your rights in this state. No hair follical bs in this state. Employer must show you were high in order to fire you. Nabors drilling usa wasn't doing this. Not sure if they even have rigs drilling in Montana right now.

When I sued Nabors Drilling USA(largest drilling company in the us) and won in 2003, I rammed that fake testing down their throats! In my case, when I got hurt, and was the safety captian, they didn't do the testing. I won because they failed to follow their own safty standards, which weren't really legal in Montana. They were in a no win situation, and didn't realize that they were losing until it was to late. For all their money, all those "high powered" Texas lawyers, they still lost.

 

[cbg]

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.

 

[Scooterdog]

Road Island is another.

 

[cbg]

No, that is not true. The only limitations on terminations in Rhode Island, as described by their website, are with regards to violations of the Rhode Island Parental and Family Leave Act, or for illegal discrimination.

http://www.dlt.ri.gov/ls/faqs.htm#I...feel it was unjust. What can you do for me?

 

[Scooterdog]

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.

 

[Green_Hornet]

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.

 

[ndusa1]

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