Where do issues of discrimination and civil rights fall in employment and agency contracts?

[jaF0]

We've been seeing quite a few stories about people losing jobs or being dropped by agencies or management companies over public comments they've made. This thread isn't about who they are, what they do or what they've said, for or against any cause or topic. This is about whether or not the companies or agencies can or should be allowed to do these things and whether or not they should face legal consequences.

Do ethics or performance clauses in contracts outweigh other legal issues?

 

[HisArpy]

First there's a thing called "at will" employment. Basically it means that without an employment or union contract, the company can fire you for any reason at any time. "Right to work" is an attempt to get around this but it doesn't really get there because employment has its roots in the "master/servant" relationship. No "servant" has the power to tell the "master" what he can and cannot do. Only the law has that power and the law says that employment can be terminated "at will" by either party. To hold otherwise places one party into a position of involuntary servantry and involuntary servantry, or slavery, is illegal.

Secondly, if you do radical things which can harm the company, the company can fire you for it. Even if the things you do are on your own time and don't involve the company at all, they can still fire you for it. Thus you can't disparage your employer or make statements which reflect badly on you and your employer.

Third, your employer can control your personal acts outside of work to a certain extent. This means that your employer can tell you things like you can't drink any alcohol within 10 hours of reporting to work. It also means your employer can require that you not engage in behaviors which the company believes are hurtful or harmful to others or which reflect a belief that such hurt or harm is acceptable.

So there are no legal issues for an employer terminating someone under an "at will" employment agreement if the employee does something the employer doesn't like.


Ethics clauses and the like are in employment contracts as a basis for termination of the contract. They are the same as the clauses for performance under the contract. Fail to fulfill any of the requirements and the contract has the option to be terminated by the non breaching party at their option. It's not required, it's only an option and the parties are free to ignore the breach if they so choose.

Another option rather than termination of the contract is specific performance. Specific performance means that one party can compel the other party to perform their obligation under the contract. If the obligation is to not engage in unethical behavior, then the party being compelled must not do so. It's perfectly legal because that's what the parties agreed to.