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Giving Up Your Rights

 
 
Reply Fri 6 Sep, 2013 01:09 am
Can a job force you to give up rights given to you in the Constitution?
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Type: Question • Score: 4 • Views: 757 • Replies: 6
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MontereyJack
 
  1  
Reply Fri 6 Sep, 2013 01:14 am
you want to be a tad more specific about what you're talking about?
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Philis
 
  1  
Reply Thu 12 Sep, 2013 04:22 am
@JonSchwarz23,
Well we already give up too many rights. Our social security numbers are supposed to be private but they are used by each and every place of employment. So try telling them U dont want to share it and see how quickly things change. As an individual U can stand up for UR rights and face a backlash.
Joe Nation
 
  1  
Reply Thu 12 Sep, 2013 05:05 am
@Philis,
You're going to have to come up with a better example, Philis, than Social Security numbers which have by law been required by the IRS for reporting of Federal Income since 1962. Yes, that was when you lost that fight.

Joe(What else?)Nation
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MontereyJack
 
  1  
Reply Thu 12 Sep, 2013 11:35 am
I believe I read that a number of companies had started requiring job applicants to give the passwords to all their social media sites so they could be investigated before hiring. Which outraged a lot of citizens and consequently legislators and was in the process of being made illegal in states and the national government. That demand for passwords was coming from private industry, not the government, and I don't know what the current status of it is, though google probablhy does.
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roger
 
  1  
Reply Thu 12 Sep, 2013 01:27 pm
@Philis,
Back when I was doing payroll, you were required to provide the number for Social Security Admin, but could not be required to present the actual card. At the same time, *La Migra required the employer to see the SS card, or equivalant proof of right to work.

*INS has since come under Homeland Security, but they use the same form and have the same requirement.
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OmSigDAVID
 
  1  
Reply Thu 19 Sep, 2013 02:01 am
@JonSchwarz23,
JonSchwarz23 wrote:
Can a job force you to give up rights given to you in the Constitution?
Well, we know that it CAN,
by virtue of the fact that it already HAS happened,
but I believe that your question implies the issue
of whether u 'd be judicially vindicated in litigation,
if and when u challenged the practice.

As an example, a friend of mine applied for a job
as a bailiff in the NY judicial system. He was required
to surrender his guns, for which he had a license,
for several weeks, until he completed his training.
Despite the 2nd Amendment, during that time, he remained un-armed,
such that he cud not defend himself, nor his wife nor his child
from the violence of man or beast. Being un-armed
means that u just take your chances with getting killed.
My friend wanted that job enuf to risk his life
and to risk the lives of his family. He did not sue.

On the other hand, if an atheistic employer prohibited
an employee from going to Church on his own time,
most likely the employee 'd win a judgment in court,
vindicating his private rights, or if a Democrat employer
banned Republicans from voting at election time,
on pain of loss of their jobs, most likely this
wud not be judicially tolerated in litigation.

There r many other possible examples.





David
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