In article ,
Han wrote:


Now let's look at the facts (as I know them).
Company has been contracted by the town for lifeguarding a beach.
Company hires people, but limits each one to a certain stretch of beach,
narrowly delineated. Contract with employees says that lifeguard cannot
leave his duty station/stretch of beach unless he has gotten a
replacement person to take over his duties. That's understandable in
view of liability for the company: don't leave the duty station without
getting a replacement.
Guard A is on duty at the end of the contracted beach. Beyond his
stretch of beach on 1 side, there is no lifeguard on duty. "A" at some
point notices that a person "P" a few yeards outside "A"'s area of
responsibility is in the water and in distress. Following his duty that
/if so able he should help a person in distress/ (that's the part that is
important - it's akin to the good samaritan laws) he goes to help "P".
But Florida has no duty to respond law. A's area of responsibility
for in water and in distress IS ONLY A CERTAIN SECTION OF BEACH. This is
the difference. He may morally feel his has an obligation, but that
doesn't impact on whether or not he can be legally fired.


Nobody gets really injured, whether or not due to the efforts of "A".
Company fires "A" because he left his duty station without getting a
replacement (see above). Stink erupts because of "/if so able he should
help a person in distress/", and company relents, but in the meantime,
"A" has decided he doesn't want to work for such a company, as did a
number of his colleagues.
The last portion is irrelevant for the determination whether or not the
firing was justified, of course, but helps to see what the general public
thinks.
Me thinks that the company cannot use the at-will law to fire "A" becaus
"A" is fulfilling the duty he sees to "/if so able he should help a
person in distress/".
Case closed.
But he has no duty under law or public policy to respond outside of
the area he is being paid to respond to. So, the company is entirely
within their rights to can him. Now, whether or not they SHOULD have,
since the **** storm was foreseeable if anyone thought about it, is
another.... non-legal.. question altogether.
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
the *******s."-- Claire Wolfe