Retribution

[trigueoh]

Name of State - Ohio

An acquaintance of mine has issues with the way city council members are governing her city. She has spoken up at council meetings and recently sent an email to all council members and the mayor. The email was not obscene or threatening. This person erred in sending the letter from a work email account. One of the council members called her place of employment and the corporate office and had this person fired. Does she have any recourse, not so much with the company she worked for, but with the city government. A resident and constituent should be able to address concerns without threat of or acts of retribution from the governing forcesWhat is the name of your state (only U.S. law)?

 

[Isis1]

Name of State - Ohio

An acquaintance of mine has issues with the way city council members are governing her city. She has spoken up at council meetings and recently sent an email to all council members and the mayor. The email was not obscene or threatening. This person erred in sending the letter from a work email account. One of the council members called her place of employment and the corporate office and had this person fired. Does she have any recourse, not so much with the company she worked for, but with the city government. A resident and constituent should be able to address concerns without threat of or acts of retribution from the governing forcesWhat is the name of your state (only U.S. law)?

if the "friend" sent a loving letter to the city council members from her work e-mail address and got fired because of said e-mail, you she still be looking at the city to sue?

 

[trigueoh]

I don't believe she wants to sue anyone. Her question is more along the lines of what can be done regarding the abuse of power and inappropriate actions of a member of council.

 

[Isis1]

I don't believe she wants to sue anyone. Her question is more along the lines of what can be done regarding the abuse of power and inappropriate actions of a member of council.

nope. she now knows to not use her place of employment as a venue for her political stance.

 

[Antigone*]

I don't believe she wants to sue anyone. Her question is more along the lines of what can be done regarding the abuse of power and inappropriate actions of a member of council.

I find abuse of power a stretch. The city council informed her employer about the email that came from their server ~ I don't see anything wrong with that.

 

[HomeGuru]

I find abuse of power a stretch. The city council informed her employer about the email that came from their server ~ I don't see anything wrong with that.

**A: is this not an issue of an employee using company time/computer?

 

[Antigone*]

**A: is this not an issue of an employee using company time/computer?

It seems to me that this is the reason the person is no longer employed.

 

[trigueoh]

I am in absolute agreement that the company had every right to fire her. It is idiotic to use a work email for such things. I personally find the fact that a governing official would take the actions that were taken, to be wrong. I truly believe that people have the right to voice their opinion regarding their local governemtn without government going after them.

Thanks for the help though. I will tell her her best bet is to work on the recall petition she had been planning on for this particular politician

 

[Antigone*]

I am in absolute agreement that the company had every right to fire her. It is idiotic to use a work email for such things. I personally find the fact that a governing official would take the actions that were taken, to be wrong. I truly believe that people have the right to voice their opinion regarding their local governemtn without government going after them.

Thanks for the help though. I will tell her her best bet is to work on the recall petition she had been planning on for this particular politician

Not that it matters, but you didn't get that advice from anyone here

 

[LastBattleCry]

Name of State - Ohio

An acquaintance of mine has issues with the way city council members are governing her city. She has spoken up at council meetings and recently sent an email to all council members and the mayor. The email was not obscene or threatening. This person erred in sending the letter from a work email account. One of the council members called her place of employment and the corporate office and had this person fired. Does she have any recourse, not so much with the company she worked for, but with the city government. A resident and constituent should be able to address concerns without threat of or acts of retribution from the governing forcesWhat is the name of your state (only U.S. law)?

You will need to check with a lawyer, however, you may want to consider the ramafications of the council member overstepping their bounds of duty and perhaps Fraud charges might apply for such.

"When jurisdiction is not squarely challenged, the subject matter is presumed to exist." Burkes vs. Laskar 441 U.S. 471

If you don't challenge you BETTER shut up and take it.

"Where jurisdiction is challenged, it must be proven." Hagans vs. Lavine, 415 U.S. 528 at 533

IF you challenge THEY MUST PROVE they have jurisdiction.

"Whatever the form of government functions, anyone entering into an arrangement with government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority . . . and this is so even though . . . the agent himself may have been unaware of the limitations upon his authority.", Federal Crop Insurance Corp. vs. Merrill, 332 U.S. 380, 384 (1947)

IF they overstep their bounds they have perhaps committed FRAUD. AND IF they FAIL to PROVE their jurisdiction they have perhaps committed FRAUD. AND IF they remain SILENT THEY HAVE PERHAPS COMMITTED FRAUD.

"Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.", U.S. vs. Tweel, 550 F.2d. 299-300 (1977)

Send them a 'demand letter' for proof of their jurisdiction in what they did. Did THEY send the email on government time? If they don't answer within ten days, they perhaps committed fraud in that alone. If they do answer, make sure they have jurisdiction to what they claim to have jurisdiction of, if they don't, they perhaps committed fraud.

There are many more cites that point out HOW these acts of FRAUD by ANY government employee can be dealt with.

Ignorance of the law is NO EXCUSE ON YOUR PART. . . NOR THEIRS. To hold the governemnt in check you MUST persue it in court, or they will just run over you. WHY? Cause you let them.

Here is a demand letter using these very cites related to another subject:
http://www.freedom-school.com/jerry-...otice-2pgs.pdf

This post is for entertainment purposes and is not intended as legal advice (that how you spell that?). Do Your Own Due Diligence.