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I was under the impression that you couldn't get fired for political views anymore. Apparently that was the reasoning behind a waitress being fired in Arkansas this week.Michah Qualls says she was fired for her political views, but allowed to finish working the lunch shift before being let go. She used her personal break to hold up a pro Hilary Clinton sign along the route that John McCain used to roll through town.
The article was a little sketchy on details, so it's hard to say whether there weren't other circumstances that led up to her dismissal. If she was fired for her political views, I'm sure she has legal options. Still it's hard to imagine her boss actually saying that was the reason she was being let go.
What do you think about this?
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4-29-2008 @9:16AM Sam said... This article has absolutely no business being on Slashfood. The waitress angle is relevant. The woman could have had any profession.
Don't bring politics to the dinner table.
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4-29-2008 @9:43AM Thom said... I'm sorry Sam, but you're wrong. This post is filed under "On the Blogs" which has non-food related entries. Have you complained about them as well?
If this is true, then I hope she sues the pants off of her boss. What's funny is that Sam has complained that politics should remain off the dinner table but this is exactly what may have transpired with this waitress!
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4-29-2008 @10:00AM Mike said... Completely justified and legal. Pretty much just age, sex, disability, religion, and race are covered. Its not like a employer can sue when an employee quits because they don't like their views/lifestyle/whatever. At-will employment means you can fire someone because it is Tuesday or because they like Duran Duran.
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4-29-2008 @10:15AM Alex said... MIke is right - Democrats are not a protected class.
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4-29-2008 @10:25AM Sam said... @Thom - No, I'm not wrong. The 'On the Blogs' category has been used in the past for stories about food-related equipment, notable foodies making food news, food-like non-food, and poetry about food. This story, by far, is the least food relevant. It only happened to someone who works in the foodservice industry and not even while she was doing that.
I've no interest in promoting either side of the political spectrum that surrounds this. I'm only saying that Slashfood is not the place to report it.
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4-29-2008 @12:08PM Thom said... It's still possible the termination was illegal under Arkansas law. If an at-will employee relies on a personnel manual or employment agreement that expressly states that he or she cannot be discharged except for cause, the employee may not be arbitrarily discharged in violation of such a provision.
It's really up to the bloggers themselves to determine whether something is appropriate or not. They're the ones doing all the work, and I don't have a problem with something that is not explicitly food-related appearring every once and a while. It's a subjective decision, and there are many other posts which could be perceived as being as non-food related as this one.
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4-29-2008 @10:59AM Scott said... Sam, the beautiful part is you don't have to read non-food related articles.
As to the article and incident, I don't think she should have been fired if she was on break and wasn't trying to act on the part of her employer. I'm no expert, but I think that she probably has zero legs to stand on unfortunately. Still doesn't make it right.
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4-29-2008 @11:15AM fyfas said... While the waitress was on a "break" from the job, was she in a uniform that would identify her as from a particular business ?
If so, then she has a problem as her actions, break or not, carry beyond herself to the reputation of the business.
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4-29-2008 @12:01PM Frank said... I think the circumstances of this incident need to be fleshed out before people can make judgment...
(and this doesn't seem relevant to Slashfood)
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4-29-2008 @12:32PM thefishie said... Arkansas is a right-to-work state, and from my understanding employers can fire someone for any reason. Doesn't mean it would hold up if someone sued, like for discrimination.
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5-02-2008 @7:55PM Silver_Potato said... Not surprised something like that would happen in a state like Arkansas.
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5-06-2008 @4:41PM jeff1558 said... it is ileagle to do such a thing any one can say about any thing they want unless it is raceful
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5-08-2008 @4:25PM True Epicure said... If this is a private establishment, it is probably legal. If she is a waitress for a public/government entity, she's most likely covered under the Hatch Act, in which case she can't be fired for political activities like this, as long as she is doing said activities on her own time.
Aside from the fact that we don't know the whole story... If she is working for a private establishment, she should have considered how her activities would impact her job. I'm not saying I necessarily agree with what her boss did, but it's their right as the owner to employ like-minded people.
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