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Civil Rights Discuss Man who sued over gay marriage question on bar exam apologizes at the Political Forums; Originally Posted by dabateman But his emails do end in allstate.com. This isn't difficult. You get an email from someone ...

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Old 01-12-2008, 03:21 AM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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Originally Posted by dabateman View Post
But his emails do end in allstate.com. This isn't difficult. You get an email from someone and it has allstate.com as the domain, you expect it to be official business. And it should be. He violated that rule. He should be held responsible for sending information from his personal email to an outside source that could be misconstrued as a representation of the company.
Nope...he did not DISCLOSE that information publicly...The publication did...The agency said so itself...

Quote:
According to an investigation by the state of Illinois’ Department of Employment Security related to Barber’s claim for unemployment benefits, an organization – likely a “gay”-rights group – complained to Allstate about the column. But how did the group connect Barber to the insurance company? It turns out one site that posted the column, MensNewsDaily.com, added to the bio line on the article the fact that Barber worked for Allstate.

Barber says he did not include that fact in the original column submission but that the site “disclosed that without my knowledge or consent.” According to Barber, he is somewhat well-known in the boxing field in Chicago, and Allstate would sometimes tout the fact that he worked for the company.
Now imagine if I even TELL you what company I work for...That's directly TELLING you...That's even more proof than an email address...

Would start equating everything I've ever posted as statements from my company?...

Of course not...
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Old 01-12-2008, 03:33 AM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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Originally Posted by cnredd View Post
Nope...he did not DISCLOSE that information publicly...The publication did...The agency said so itself...



Now imagine if I even TELL you what company I work for...That's directly TELLING you...That's even more proof than an email address...

Would start equating everything I've ever posted as statements from my company?...

Of course not...
If it's coming from your work email, then yes. It counts as representing the company. When I worked for a fortune 500 company, emails that were external had to meet a certain format and content. Internal was a different story, but when you are emailing from your work account you are acting as a representative of the company.
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"The public does not like you to mislead or represent yourself to be something you're not. And the other thing that the public really does like is the self-examination to say, you know, I'm not perfect. I'm just like you. They don't ask their public officials to be perfect. They just ask them to be smart, truthful, honest, and show a modicum of good sense." Ann Richards, Former Texas Governor
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Old 01-12-2008, 03:38 AM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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Originally Posted by dabateman View Post
If it's coming from your work email, then yes. It counts as representing the company. When I worked for a fortune 500 company, emails that were external had to meet a certain format and content. Internal was a different story, but when you are emailing from your work account you are acting as a representative of the company.
I'd really like to see you as an attorney saying...smack dab in front of a jury...

"The email came from an employee of company X that has nothing to do with their line of business, so my client firmly believes that because the email says "Company X" after "@", that MUST mean that whatever is said in that email is representative of the company itself."...
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Old 01-12-2008, 03:51 AM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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I'd really like to see you as an attorney saying...smack dab in front of a jury...

"The email came from an employee of company X that has nothing to do with their line of business, so my client firmly believes that because the email says "Company X" after "@", that MUST mean that whatever is said in that email is representative of the company itself."...
Yeah, it's called misrepresentation. Companies have the ability to recoup losses from employees who misrepresent the company. In this particular situation, the fired man needs to collect damages from the publican that outed him instead of fighting with the company. He knew what he did was wrong at the time he did it. "Everyone else is doing it" is not proper justification for his actions. Our mothers taught us that with the bridge analogy.
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Old 01-12-2008, 04:07 AM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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Originally Posted by dabateman View Post
Yeah, it's called misrepresentation. Companies have the ability to recoup losses from employees who misrepresent the company. In this particular situation, the fired man needs to collect damages from the publican that outed him instead of fighting with the company. He knew what he did was wrong at the time he did it. "Everyone else is doing it" is not proper justification for his actions. Our mothers taught us that with the bridge analogy.
We both should've caught this earlier...

I had to reread to actually see if mensweekdaily got the AllState infor from the article he sent...

He didn't...

Quote:
Company spokesman Michael Trevino said that Allstate has never terminated an employee for expressing his or her personal views away from the office. Barber said he wrote the articles at home but admitted that he sometimes sent personal e-mails, including some related to his writing, from his company laptop. Barber also stated that he made no more personal use of his laptop than his co-workers did.
The article itself was NOT written or sent through work's email...

This mensweekdaily wouldn't have known through that aspect...

But as I said earlier, they could've connected the dots because AllState has been "touting" the former boxer Barber previously...

I'm guessing there aren't too many former boxers name "J. Matt Barber" in the windy city area...

And there is no obligation to PREVENT a publication from coming to their own conclusion...

So there's no misrepresentation of the company on his part...The article received did NOT come from a work computer nor through work's email...

Now do I find the publication's public deduction a littel scummy?...I sure do...

But they could use the same defense paparazzi uses all of the time...They just dissected public disclosure...
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Old 01-12-2008, 04:13 AM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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We both should've caught this earlier...

O had to reread to actually see if mensweekdaily got the AllState infor from the article he sent...

He didn't...

The article itself was NOT written or sent through work's email...

This mensweekdaily wouldn't have known through that aspect...

But as I said earlier, they could've connected the dots because AllState has been "touting" the former boxer Barber previously...

I'm guessing there aren't too many former boxers name "J. Matt Barber" in the windy city area...

And there is no obligation to PREVENT a publication from coming to their own conclusion...

So there's no misrepresentation of the company on his part...The article received did NOT come from a work computer nor through work's email...
Apparently both of our reading skills were limited there for a minute.

Well then the company cannot hold the man liable if he hasn't been sending information to these publications from his work email, but the article said that he HAD been sending information from his work email and so thus I linked the two. While this particular article was not, then this article cannot be used as his firing threshold.
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Old 01-18-2008, 10:52 PM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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I have yet to see exactly what someone has to think about. Nothing has changed that makes homosexuality any different than it always has been. It's a shame people have to suspend their common sense to make a living in the world today.
The THINKING is that it is not a moral issue, but A LEGAL ONE.

There is no legal reason, not any state interest, in preventing same sex marriages.
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Old 01-18-2008, 11:34 PM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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The THINKING is that it is not a moral issue, but A LEGAL ONE.

There is no legal reason, not any state interest, in preventing same sex marriages.
And that trubles me, since "legal" is malleable enough to where someone can get charged with a felony for causing the death of a fetus, but in the sake of "rights" and "choice" a woman can drop into the "baby eradicators" and have one killed for a fee. I have issues with how malleable "legal" is. Different laws from state to state show just how jacked basing things on "legal" can be.
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Old 01-19-2008, 11:08 PM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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And that trubles me, since "legal" is malleable enough to where someone can get charged with a felony for causing the death of a fetus, but in the sake of "rights" and "choice" a woman can drop into the "baby eradicators" and have one killed for a fee. I have issues with how malleable "legal" is. Different laws from state to state show just how jacked basing things on "legal" can be.
Different states have different laws.

Ultimately, since it is LAW that protects us all from the 'moral' beliefs of individual group beliefs, I say that it's a GOOD thing.

The rights of the states are CRITICALLY important, but it should not pull us apart as a nation.
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Old 01-19-2008, 11:44 PM
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Default Re: Man who sued over gay marriage question on bar exam apologizes

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Different states have different laws.

Ultimately, since it is LAW that protects us all from the 'moral' beliefs of individual group beliefs, I say that it's a GOOD thing.

The rights of the states are CRITICALLY important, but it should not pull us apart as a nation.
Maybe so, but if "legal" was a concrete as some people want it to be, it should be based on something. All states having different ideas about something make you question exactly what a law is based on. And some laws blamed on "morality" are just based on common sense.

Then others, such as the aforementioned abortion vs. feticide laws just contradict each other.
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Last edited by fxashun; 01-19-2008 at 11:48 PM.
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