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[email protected] krw@att.bizzzzzzzzzzzz is offline
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Default The first time I ever got fired:

On Sun, 8 Jul 2012 16:27:58 -0500, "HeyBub" wrote:

wrote:

Even in an at-will employment state, a employer can not
terminate you for fulfilling your legally required duty if you
are a trained lifesaver...


You're wrong again, but that'll never stop you. Florida has no
exemption for public policy. The employer is fully within his rights
to terminate anyone, for any reason, or indeed, no reason (usually
the case).

Someone who is suffering a heart attack can not be left
to die just because they are 10 feet across an imaginary
line in the sand if you are trained, qualified and equipped
to help them with an AED unit...


Irrelevant.

Same logic applies to someone drowning in water...


Perhaps the same logic, but the fact is that this doesn't protect the
employee. The law gives the employer the right to terminate the
employee with, or without cause. He has *no* case.

"At Will" allows for termination for many things, however
abiding by a legally required duty under the law is not one
of them and the employer will lose at the fair labor practices
hearing at which such a termination can be appealed...


You're wrong, but I'm sure that won't stop you. Never has.

Back pay, getting job back. etc. etc...


Wrong again. Unless he's going to file a federal suit claiming
"protected minority status" as the reason for firing, there is no
case.

http://en.wikipedia.org/wiki/At-will...t#cite_note-18
Note the "public policy exceptions" section and the fact that Florida
has none (that cover this situation).


I believe you're in error. "Employment at will" cannot nullify pubic policy.
Indeed, a violation of public policy is one of the ways even the most
stringent of contracts can be voided.


Did you read the link? It specifically states (with a link to the FL statute)
that shows there is no exception for "public policy". The employer is free to
employ, or not, at his discretion.

While it is true there is no legal obligation to come to the aid of someone
in distress, even by police, the reverse is not true. That is, declining to
provide life-saving aid to others cannot be part of a contract, for
employment or otherwise, and a sanction for so doing cannot be sustained.


There is no reason needed. That's the point. FL does have explicit
exceptions to the "at will" employment law, but this isn't one of them.
Without the exception, it holds, particularly if the legislature has
considered other exceptions.

The speciics of public policy need not be spelled out in detail. For
example, selling a used car in exchange for ten sex episodes is obviously
against public policy and a contract containing such a provision is void on
its face.


The fact is that there is are explicit exceptions and this isn't one. It's
clearly the intent of the law to not exclude these sorts of issues.

It's not without its reason, either. When he left his beach, he left those
people unprotected. The liability boggles.