Re:Adria Richards, PyCon, and How We All Lost
by tptacek on Friday March 22, 2013 @11:16AM
(#5423436)
"Interference with work performance" is also not a tort, Michael. It's one possible element of a retaliation case.
But your use of the word "retaliation" is also suspect. "Retaliation" in employment law means a demotion or termination in response to an exercise of other employment law rights, like a sexual harassment claim. You can't claim "retaliation" when your boss is an asshole and deliberately tries to screw you. In the US, absent a contract that says otherwise, your boss can do that.
Your white/black stuff looks reasonable, but I'm going to go out on a limb and say that your "grey" category is what you want employment law to be, not what it is. I'm just an employer though, not a lawyer.
At this point I'm settled on the notion that there is no interesting theory of law I was unaware of that would give the fired Pycon dev any leverage in procuring a severance. You can be fired for any reason, a bullshit reason, or no reason at all. He was. End of story.
But your use of the word "retaliation" is also suspect. "Retaliation" in employment law means a demotion or termination in response to an exercise of other employment law rights, like a sexual harassment claim. You can't claim "retaliation" when your boss is an asshole and deliberately tries to screw you. In the US, absent a contract that says otherwise, your boss can do that.
Your white/black stuff looks reasonable, but I'm going to go out on a limb and say that your "grey" category is what you want employment law to be, not what it is. I'm just an employer though, not a lawyer.
At this point I'm settled on the notion that there is no interesting theory of law I was unaware of that would give the fired Pycon dev any leverage in procuring a severance. You can be fired for any reason, a bullshit reason, or no reason at all. He was. End of story.
Thanks for the discussion.