TallTom
Registered
Sorry not the case. Everyone is bound by the law of the land, constitutional or otherwise.(Wag @ Oct. 23 2006,11:56) The constitution only protects you from the government. It does not affect private relationships such as those you have with other private citizens or your employer. When it comes to private associations, the rules are whatever you and that person wish to make of it. That's why we have contract law.
That's why the amendments do not apply when you're talking about your relationship with your employer. Most employers will have an employment agreement and their own set of rules which govern what you have to do to qualify as an employee. Constitutional law will not apply.
As a matter of fact, private property rules apply too. It's the same way your right to your home is governed. In essence, government has very little influence on what you're allowed to do inside the walls of your own home. There IS a little but VERY little. Meth labs are not allowed, for example. But you have the right to kick a guy out of your home for ANY reason and the moment you ask them to leave and they do not comply, they are trespassing.
Same with your employer. If you don't comply with his rules, including drug testing, speaking of politics or religion on the job, surfing for porn on the net, etc. etc., they have the right to fire you.
--Wag--
I was fired once from a job. They had no real reason to fire me from work ethic so they had to try something else. I live in Fla., there is no right to work law here. You can get fired for anything at anytime as long as it is within the framework of the employee workplace. You can wear the wrong color socks to work and they can fire you for it. They cannot however violate your legal rights as a citizen. They have the same responsibility to abide by the same laws everyone else does.
I did and still do hold a firearm carry permit. I routinely carry a concealed weapon LEGALLY. That particular employer had a set rule. No firearms allowed in the workplace. I fully knew and understood that rule. Every employee also signs an agreement that random searches of vehicles and or persons are going to be allowed on company premises and it stated right on the release that you waive your constitutional right by signing this. It was also a condition of employment. In other words, if you don't agree with it you don't get a job there. Ok so mine had been signed years ago.
Sure enough I got searched one time **cough** **cough** randomly. The reason stated was to search for company assets, which is always the reason they site. Upon notice of search, I fully disclosed, as I know to do, that I had a loaded firearm in my vehicle and I told them exactly where it was located. At that time they removed it from my vehicle. Now mind you in 12 years of employment there, this was not the first time I had been searched and not the first time I had a LEGAL weapon in my vehicle. It had never been removed prior to this search.
An hour later I was taken to HR and summarily fired for carrying a firearm onto the workplace. At which time I explained that my private vehicle is not the workplace and that the parking lot does not constitute my workplace. I was escorted out and they retained my firearm for "safety" concerns for the workplace employees.
The next day I called the police dept. to report a stolen firearm. Explained the sequence of events to the desk seargent. He asked me to come down to the police station which I did. He then proceeded to call the employer and explained that either the handgun was to be returned to me immediately or that he was going to come make an arrest. I was told to wait an hour.
One of the security guys from the job came down and delivered the weapon. The police officer told him point blank, do you ralize how much trouble you can be in right now? They had an exchange of words that I could not hear and my weapon was returned to me.
My next step was to decide how bad I wanted to send a message back. I contacted a civil rights attorney who immediately explained that my constitutional rights were violated. Yes but I signed this release that allows for search. Yes but you didn't sign a release for a right to keep and bear arms.
To shorten an already long post here. He referred me to an NRA attorney who launched into an attack on the company. The NRA attorney made short work of it and I was offered my job back, which I declined. I was offered a settlement which I did not decline. My manager, was fired, his director was re-assigned, the head of security was demoted, and a fully disclosed transcript of events was sent to our customer (the U.S. Govt.). That company was Rockwell International. It has never recieved another contract in that facility again.
If I sign an agreement that states I know drug testing can happen at any time, I waived my rights. If they find out you are doing drugs, they can fire you. Doesn't mean they will, but I'd be REAL wary of any chance at advancement if they kept you.
Dude I have employees that I know party off the job. I promise you if they come to work under the influence, it is MY ass if they screw up something. You better believe I am going to protect myself.
As a closing note. The reason they needed to fire me was because I witnessed the director using cocaine and I was in the process of taking him down for it.