Inappropriate comments at pycon 2013 called out

Re:Inappropriate comments at pycon 2013 called out by ihateloggingin on Tuesday March 19, 2013 @11:37PM (#5405477)

You seem to be under the mistaken impression that being fired without cause is somehow illegal in the USA.

In 49/50 states, it isn't. So there is no leg to stand on.

Unless he was employed in Montana.

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Re:Inappropriate comments at pycon 2013 called out by username_6916 on Wednesday March 20, 2013 @06:26AM (#5406409)

California Legal Code 96(k) states that: The Labor Commissioner and his or her deputies and representatives authorized by him or her in writing shall, upon the filing of a claim therefor by an employee, or an employee representative authorized in writing by an employee, with the Labor Commissioner, take assignments of: ... (k) Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer's premises.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab...

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Re:Inappropriate comments at pycon 2013 called out by bjt on Thursday March 21, 2013 @03:51AM (#5413631)

You're citing a procedural detail that I don't think really supports the claim that his termination was unlawful.

All that section says is that if the guy files a claim with the labor commissioner for wrongful discharge, then the commissioner can "take assignment" of his claim, meaning they can sue the company in his name. It doesn't really say anything about whether his firing was OK or not.

A better reference on at-will employment in California is at http://business.ca.gov/StartaBusiness/AdministeringEmployees....

Edit: s/employment/discharge/ (doh)

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Re:Inappropriate comments at pycon 2013 called out by omnibrain on Wednesday March 20, 2013 @01:09PM (#5408622)

Sue her, not his employer.

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Re:Inappropriate comments at pycon 2013 called out by danielweber on Wednesday March 20, 2013 @02:08PM (#5409034)

I don't think she has any legal responsibility here.

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Re:Inappropriate comments at pycon 2013 called out by uptown on Wednesday March 20, 2013 @03:58PM (#5409777)

Defamation.

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Re:Inappropriate comments at pycon 2013 called out by danielweber on Wednesday March 20, 2013 @04:25PM (#5410010)

This will be a huge stretch of the law. It would be doubtful that one could succeed against her even under UK-type laws, to say nothing of American law.

Truth is a defense. Did they not do what she reported them as saying?

(NB: I'm not saying I approve of her behavior, but trying to paint her as legally responsible is out there.)

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Re:Inappropriate comments at pycon 2013 called out by cmbtyc on Friday March 22, 2013 @05:20PM (#5425858)

I say the guy put up his situation and case on those crowd funding/fundraising sites and raise money for his legal case.

Sue her individually for defamation et al. and tie her up in court. Let her pay the REAL price for wielding a public, 10,000 follower strong opinion against a privately intended comment.

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Re:Inappropriate comments at pycon 2013 called out by krzyk on Thursday March 21, 2013 @12:05PM (#5416046)

I thought that posting a photo without someone's consent is illegal (at least in EU not sure how it is in USA), but I'm not a lawyer. I always thought that was the case when Google removed faces from StreetView.

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