Court says company can't fire employee's fiancee (Full Version)

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KenDckey -> Court says company can't fire employee's fiancee (1/24/2011 10:30:45 AM)

The Supreme Court says companies can't fire people simply because they are in a relationship with other employees who complain of discrimination.

North American Stainless argued that allowing a fiance to sue would open the floodgates to retaliation lawsuits from everyone who gets fired who had any connection to a complaining employee. But Scalia said the court was refusing to create any hard and fast rules to follow because the anti-retaliation law is worded broadly

http://news.yahoo.com/s/ap/20110124/ap_on_re_us/us_supreme_court_retaliation

I like both decisions of the court.   I agree that the guy should be allowed to sue and that the court didn't create any hard and fast rules.   The hard and fast rules, the way I had always been taught, were the perview of the Congress/Legislature that created the law in the first place.   If the court were to do that, there is no checks and balances.




Aylee -> RE: Court says company can't fire employee's fiancee (1/24/2011 10:35:56 AM)

Wow, a unanimous decision.




DarkSteven -> RE: Court says company can't fire employee's fiancee (1/24/2011 11:09:07 AM)

Odd. I never heard of North American Stainless. Must be a smaller company.

Good ruling. In this case, the man was clearly close to the person let go. The court left it up to individual courts to determine whether a relationship could be close enough to constitute a link.

And the article did not mention documented poor performance, so I'm assuming that there was no documentation.




KenDckey -> RE: Court says company can't fire employee's fiancee (1/24/2011 11:47:01 AM)

Steven   I think the company did it as retaliation pure and simple thinking that because he wasn't a family member yet, they could get away with it (conjucture on my part) and that is the reason there was no mention of poor performance.




kalikshama -> RE: Court says company can't fire employee's fiancee (1/24/2011 12:38:19 PM)

Here's more: http://topics.law.cornell.edu/supct/cert/09-291




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