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Old 10-15-2005, 10:14 PM
The Armchair The Armchair is offline
Senior Member
 
Join Date: Jul 2004
Location: The Big Apple
Posts: 251
Default Re: I got screwed... help

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Find another non-profit to volunteer at. Do the 25 hours. Turn in the form showing 25 at each and disclose why you were fired.

If UI gives you a hard time about this, threaten to sue. Claim they are violating your First Amendment rights for discounting 25 hours worked due to a statement you made. Emphasize that the inquiry is not an act -- you didn't pay someone to work your hours, you simply asked if this is possible.

The argument is likely a loser but is colorable.

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I knew you guys had the right to free speech when you're in the streets or whatever, but do you have the right to free speech at work? I mean, it's not like you can just repeatedly call your boss a douchebag and not get fired, right? That would be pretty weird.

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No, you can't. And no, it's not an issue of defamation either. You simply do not have the right to speak freely at work, and the 1st Am'd does not apply.

The reason why the 1st is a potentially useful avenue here is because his claim would be against the university -- a public institution. The institution cannot take acts against you for your speech because it operates as an arm of the state.

The argument here? OP was required by the state to work 50 hrs of community service or it would take action against OP. OP did 25 hours in Job B, of which is undisputed and not in issue. He also did 25 at Job A (the one from which he was fired). This, too, is undisputed. The school is refusing to honor the hours worked at Job A. They are refusing to do so because of his speech -- he was curious about the employer's policy and inquired. That the employer fired him for that speech is immaterial, as he is not claiming that he did 50 hours.

I am not claiming that such an argument would win the day. But it is at least credible, and that may be enough to get OP back at UIUC.
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