Unemployment for quitting job to sell alcohol

Discussion in 'Politics' started by Quantum Windbag, Feb 28, 2012.

  1. Quantum Windbag
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    Quantum Windbag Gold Member

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    I know which way I think it should go, lets see how many get it right.

    The Volokh Conspiracy » Unemployment Compensation When Someone Quits a Job Because of Religious Objections to Selling Alcohol
     
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    Last edited: Feb 28, 2012
  2. GuyPinestra
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    GuyPinestra Senior Member

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    I think she should get the UI...
     
  3. Baruch Menachem
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    Baruch Menachem '

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    Me too. even without the religion thing. It changes the clientele, makes the place a lot different than the place she first worked.
     
  4. JoeB131
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    JoeB131 Diamond Member

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    Since she quit and wasn't fired, nope, she shouldn't.

    Unemployment insurance is ONLY if your job was eliminated through no fault of your own.

    She made a choice not to work there.
     
  5. Inthemiddle
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    Inthemiddle BANNED

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    I'm inclined toward granting unemployment. The woman was hired under a certain understanding of what the job would entail. The employer was the one who made the decision to expand the job role in a way that impacted the woman's ability to do her job within the confines of her religious practices. Selling alcohol was not what she signed on to do.

    That being said, for all we know there could be additional details to this. For example, if the woman was informed at the time of hiring that the employer intended to do this, and she accepted the job anyway, then that would invalidate her "good cause" because she accepted the terms. Also, it would have probably given her a stronger case overall if, instead of quitting, she had forced her employer to fire her for refusal to sell alcohol. But I'm only mentioning that mostly as an academic point.
     
  6. Unknown_Soldier
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    Unknown_Soldier BANNED

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    no, of course she shouldn't get the UI.

    sadly , she probably did.
     
  7. francoHFW
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    francoHFW Platinum Member

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    I'll go with the legal system...except the SC lol.
     
  8. SillyWabbit
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    SillyWabbit Gold Member

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    If said employee was not made aware that the sale of alcohol may be a part of this business' future, then yes, she's entitled--maybe. This hinges on the word "participate." Does simply deriving a wage from a business which takes in money from the sale of alcohol constitute the participation in the sale of alcohol?

    If she's sweeping the floors, but not selling the hooch, is she participating in the sale of said booze?

    Who's to determine that?
     
  9. Inthemiddle
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    Inthemiddle BANNED

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    I don't think it will hinge on that at all. That is a question that deals with the nature of the religious belief. And the courts will not dare venture into the waters of trying to interpret or define such beliefs. The court will take at face value the fact that the woman objected on religious grounds. What this will "hinge" on is whether a religious objection constitutes "good cause" in this particular case.
     
  10. Si modo
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    Si modo Diamond Member

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    I haven't enough information. What I have is that she accepted employment at a business whose business was known to her at the time she accepted.

    The business changed and her employment changed into something she knew she could not do and she quit. This is no fault of hers. It's not a fault of the business, either.

    But, did she communicate this conflict of her religion with her job in the newly defined business to her superiors? If not, then no unemployment benefits for her.
    If so, did they make offer reasonable accommodations to allow her to continue her employment?
     

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