Faculty Scholarship & Activities: Nov. 5, 2012
This article points out that in most states employers can fire their employees based on a number of reasons, including disagreeing with their political views. This issue recently arose in Florida when Westgate Resorts owner David Siegel said employees would lose their jobs if Barack Obama is re-elected.
From the article:
In Florida, as in most states, private-sector employees can be fired for anything from their political beliefs to the kind of clothing they wear. Most private companies are protected by a statute called “employment at will,” said Joseph Little, professor of law emeritus at the University of Florida.
While the First Amendment protects a public-sector employee’s freedom of speech, private-sector workers are “at the whim of the employer,” insisted Little.
“The employer, in the absence of a contract of any kind, is able to say I want only republicans in my employment and if you’re not a republican you’re finished.”
Martin J. McMahon Jr.
Stephen C. O’Connell Professor of Law
McMahon presented Oct. 26 at the University of Montana School of Law 60th Annual Tax Institute in Missoula, Mont., on “When Subchapter S Meets Subchapter C” with Prof. Daniel Simmons.
McMahon presented Oct. 15 at the 46th Annual Southern Federal Tax Institute in Atlanta, Ga., on the “Recent Developments in Federal Income Taxation” with Prof. Ira Shepard.