Saturday, October 11, 2008

Good Job Gary....[UPDATE]

http://news.yahoo.com/s/ap/palin_troopergate

An Alaska Inquiry found that Palin abused her power in dismissing the Public Safety Commissioner of Alaska who allegedly refused to fire Palin's brother in-law, a state trooper. Palin's brother in-law was involved in a custody suit with Palin's sister and allegations have arisen that Palin wanted him fired, but that the Public Safety Commissioner refused to do so. Thus, the Public Safety Commissioner was removed. Palin alleges that it was a legitimate removal, as part of a budgetary issue.

The bipartisan inquiry panel thought otherwise. Now the State's Personnel Board has to decide whether or not she violated state law.

Naturally Palin/McCain supporters want the inquiry delayed until after the election.

I however, wish that John McCain would just find a new VP and admit that she sucks.

UPDATE: Alaska is an at-will employment State, as Jayson points out. However, all states, except for 8 (Alaska is not one of the eight), require that firings must not violate public or state policy. Therefore an employee must be fired for actual cause and the firing must not violate state policy/law. Further, Alaska also employs a good-faith requirement in firing (this is contract law and applies to employment agreements), which essentially means that an employee must be fired for actual cause. Therefore, if an employee feels they were wrongfully terminated, an inquiry is appropriate to determine whether or not there was a good-faith belief in the firing of the employee by the employer.

In conclusion, if there was a reasonable question of whether or not the firing occurred in good-faith, an inquiry is proper.

1 comment:

Anonymous said...

I have a legal question(s): Is CA an "at-will" state? Therefore no notice necessary to quit and also none required to fire/layoff. In other words, if I don't have work for you (maybe I lost a contract/client) then you don't have a job. In AK, isn't Commissioner's job "at the pleasure of the Governor"? So how can it be in any circumstance that she can't fire him?

Seriously, I DON"T GET IT!!! Help me out please!