Tucson executive loses job after confronting Chick-fil-A worker

[evilDonkey]

Source: LA Times

Arizona resident Adam Smith thought he was doing good by taking a video of himself confronting a Chick-fil-A employee in the drive-thru lane Wednesday.

“Chick-fil-A is a hateful company,” Smith said to the employee in the video, which is still up on YouTube under multiple accounts.

But his employer, Tucson medical equipment manufacturer Vante, saw it differently. Vante has announced that Smith, formerly the chief financial officer and treasurer, no longer works there.

Read more: http://www.latimes.com/business/money/la-fi-mo-chickfila-drivethru-confrontation-executive-loses-job-20120802,0,5061379.story

---

This sort of thing does not help anyone.

[Tx4obama]

2. I hope he sues his former employer. He was only exercising his right to free speech

on his own time during lunch!

[Peregrine]

6. Free speech doesn't apply

Its a private company. Unless they are violating a local civil rights act, he's out of a job.

[MrModerate]

36. Even in right-to-work states . . .

Wrongful termination can be actioned. There's not a lot of detail here, but I'd say he has a case.

[twizzler]

37. It's not a wrongful termination

He was the CFO, as such, he is expected to conduct himself in a manner that doesn't embarrass him or the company, which, he very obviously did embarrass.
He berated a girl just trying to make a living on minimum wage and has nothing to do with the COO's statements.
In short, he was an asshole who stupidly recorded himself while on lunch break trying to embarrass a honest working girl, then posted it on youtube. He most certainly deserved to lose his job.

And this young lady conducted herself in a very professional manner, if it had been me, he would've been wearing that water.

[BadtotheboneBob]

75. Hear! Hear!

Spot on! Couldn't have said it better myself. Except that you forgot to use the word 'bully' after "asshole".

[rDigital]

119. He broke rules 1 & 3

Rules of Engagement for Chick-Fil-A Protest.
1. Don't make an ass out of yourself. Be classy, else you dilute the message. Leave the ego at home and put on your game face. This isn't about you personally, it's about equality for everyone.

2. Be respectful, but get your point across. Even when people agree with your message, if you offend their sensibilities they will not stand with you. Be respectful.

3. Remember, individual employees are not the ones being protested, be friendly! : )

4. Obey all commands from law enforcement if confronted. If possible, make sure all LEO contact is documented on video/audio recording. Remember you are on private property, if you are asked to leave by whoever is in charge of the premises: you have to go. Else, you will be charged with criminal trespassing.

5. If someone makes bigoted comments to you, do not give in to their efforts. They want you to react negatively so they can show others how "bad" you are. They're trolling you. Don't react, smile and go about your business.

6. Smootch

[MrModerate]

128. I don't disagree with anything you said . . .

The evidence is that the guy is an asshole. However, that doesn't necessarily make the firing "rightful."

If being an asshole was a firing offense, the unemployment rate would never get below 25%.

Lawyers get rich fighting this sort of case, especially in executive ranks.

[Swede Atlanta]

55. I'm sorry and I call bullshit.....

I understand that the Bill of Rights only apply to governmental actions but at some point we need to recognize that an individual should be able to express his or her CONSTITUTIONAL rights without any affect on his or her employment.

This goes along with the idea that they cannot discriminate on the basis of religion, etc. What is different about believing in Buddha and believing in gender equality? To me they are personally held beliefs.

In this case the guy is probably better off away from a hateful company.

[MrDiaz]

101. if you agree

I can't exercise my freedom of speech by telling my boss to fuck off, and not expect reprecussions, or go around and tell everyone how awful the company I work for is.

[twizzler]

106. People keep saying a hateful company

but that is factually untrue, the owner of the company said hateful things, but the company has anti discrimination policies in place and as far as I can tell, they abide by all federal, state and local anti discrimination statutes.

[PavePusher]

154. Didn't you get the memo?

Facts don't matter on this issue.

[twizzler]

155. Just trying to keep them honest.

[onenote]

112. So let's say a RW asshole went through a drive through

and recorded himself making statements to an African-American worker about how President Obama was a n*****r or made statements to an Asian employee how much he hates g**ks.

He'd be exercising his right to free speech. Would you defend him against a boss that fired him?

[Evasporque]

105. Example of why GOP wants more privatization...

A private company apparently has the ability to control people on threat of termination. Soon Corporate Policies will supersede public law.

[Greg K]

15. Good luck with that in a "right to work" state. nt

[kelly1mm]

19. Does he work for the Government? No, then no freedom of speech issue. nt

[niceguy]

78. People

Here were cheering when the transit worker who burned the koran was fired for his exercise of free speech. Now the shoe is on the other foot and it Isn't too comfortable....

[treestar]

147. Like that thread about a boss saying he'd fire Democrats

The Rs want to extend the division into the workplace.

[RandySF]

3. He did not deserve to be terminated, but...

I don't see the point in harassing a kid in the drive-thru window, either.

[ForgoTheConsequence]

4. He berated an employee making minimum wage.

I don't know if he should have been fired but he's a prick. There's nothing "progressive" about taking your anger out on the working poor. Got a bone to pick? Go after the big wigs.

[freshwest]

26. +1

[Warpy]

34. Chances are this is just a "final straw" thing

and that the guy has had poor anger and impulse control for a very long time. He was likely fired for a long history of going out of his way to be rude to people.

Taking anger out on poor folks who really don't have that great a selection of jobs to choose from is not how it's done. Maybe this will get through to him that he needs help.

[emilyg]

70. My thoughts exactly.

[SomeGuyInEagan]

110. Having worked in service - including drive up windows - I try to make their jobs as easy as I can...

It's not bad work, depending on where you work and who you work with.

But it amazed me then and amazes me still how many people are rude and insulting to servers, wait staff, fast food employees, gate agents, etc. Typically, these people bust their asses for little pay. I always tried to chalk it up to their own unhappiness (the customers who are rude).

But to attack an employee for the CEO's beliefs is beyond comprehension.

[Celebrate2012Victory]

5. Very poor judgement

But this still smells of what Glenn Beck would do.
Staging a confrontation.

[freshwest]

28. Could be. Smells bagger, like to kick the poor. But who knows?

[DaveJ]

7. This Vante Corporation apparently thinks they litterally own their employees

What good is free speech if it can't be exercised, or freedom, if some company is still telling you what you can or can't do during non-work hours?

[slackmaster]

14. The company didn't tell him what he could or could not say or do on his own time

They set conditions on his employment that allowed him to be terminated if he behaved badly in public. He was free to say anything he wanted to, but not say anything he wanted to and stay employed at Vante.

That is very common for high executives.

[DaveJ]

22. I get it... I just don't agree with this aspect of our laws/culture.

It's not appropriate for the U.S. to be considered the freest nation, if we sheepishly comply with our employers wishes every minute of our lives.

Yes I understand he theoretically could work somewhere else, but that doesn't matter when the other place he works also has the option to do the same thing. He could work a minimum wage job, but that would just be punishment for exercising his freedom. I personally would prefer a world where people can do and say what they want without fear of repercussion from either job or government. Apparently I'm in the minority. I have not seen the video, but it sounds like the guy might be a dick, and it is interesting how Avante was fine with him being a dick when they hired him, until all this became public.

[FrodosPet]

73. Actions should not have consequences?

His actions, in the form of creating an embarrassing video, are detrimental to his employer. And it is embarrassing to supporters of gay marriage.

My free speech: The man is an elitist asshole and I am glad he was fired.

[kelly1mm]

18. Freedom of speech is a restriction on the GOVERNMENT, not private entities

or individuals.

[zorro1]

60. Arizona...What more can I say

Arizona is a right to work state, they need very little reason to let you go. Another great GOP idea.

[newblewtoo]

23. One of the first things I remember from

business law was the concept of 'employment at will"

At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine:



“

any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1]

”


Several statutory and judge-made exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee. These restrictions have been controversial; an empirical study in 1992 by the RAND Corporation showed that imposing exceptions to at-will employment resulted in a long-term drop in aggregate employment of two to five percent.[2]

The doctrine of at-will employment has been criticized as predicated upon flawed assumptions about the inherent distribution of power and information in the employee-employer relationship and for its brutal harshness upon employees.[3][4] However, scholars in the field of law and economics such as Professors Richard A. Epstein[5] and Richard Posner[6] credit employment at will as a major factor underlying the strength of the U.S. economy. At-will employment has also been stressed as a significant reason for the success of Silicon Valley as an entrepreneur-friendly environment.[7]
http://en.wikipedia.org/wiki/At-will_employment

As a member of management it is doubtful he was even covered by a union contract so anything he did which the company perceived as causing them harm would be just cause for firing.

Nice, huh? I actually had Ethics right behind Business Law. Talk about irony.

I am of two minds on this. If it were my daughter I would probably cheer the decision. If he were my son, not so much (but I hope my son would show a bit more class or at least not be dumb enough to post it on youtube if he didn't.)

[DaveJ]

33. Law can be enlightening -- RTW is about mind control basically

And if it's good for money what's the diff!?!?!

It's like when the country was founded, they had these ideas of freedom, but ever since they've been taken away, bit by bit, as though it was just... too... much... freedom.

I mean that girl should also have the option to refuse him service. I naively thought that's what the 'home of the brave' was all about when I was younger. But now I know it's about following our masters and it's now more like the land of sheep and money I guess.

[Ash_F]

80. "for good cause, or bad cause, or no cause at all," but not an illegal cause.

If you are fired for illegal reasons, as determined by either federal, state or local law, you still have legal recourse even in a "right to work" state. It is important for all workers to understand this and not be misled by the "right to work" mantra.

That said, I don't know if this particular firing is illegal but I know some of the States with the weakest workers rights laws still protect against firing for political activism, so maybe that applies here.

Also, I encourage everyone to watch the video before forming an opinion. I don't like how he talked to that girl. He should have flung that shit at the CEO.

[Thor_MN]

148. I don't know that his rant can be defended as political activism.

It is clearly assholism, and filming it and posting it on the internet clearly show bad judgement.

If he was a drone at the company, it would probably be different, but as an executive, he is one of the faces of the company.

[Beacool]

64. Most companies have a code of conduct.

I work for a Fortune 100 and we have to sign ours every year.

This guy wasn't a clerk, he was the CFO of the company. As such, he should have known better.

[think]

8. Epic fail Mr. Smith...../nt

[Enrique]

9. why fire him?

he was pleasant to the woman while he was airing his views.

[ForgoTheConsequence]

10. No he wasn't.

Go watch the video again. Saying "I don't know how you can live with yourself" to a girl doing a shitty job for 8 bucks an hour is not being pleasant, its being a bully.

[think]

13. Yep, venting at a poorly paid employee who is powerless and then posting it to youtube

is pathetic. Had he grabbed a picket sign and protested out front without confronting employees who are no way involved with the company policy and then got fired I might have some sympathy for him.

[freshwest]

29. +1

[marble falls]

74. The best stating of the situation on this pages series of good stating of the issue. Thankyou ...

for stating my point of view exactly.

[JHB]

11. What an ass. Since he went to the trouble of very publicly being an ass...

...it's not a surprise he got the boot.

What exactly did he think he would accomplish by berating a low level fast food employee?

[freshwest]

32. Creating sympathy for the chicken joint? This doesn't sound right to me. But I tend to be:

[A Simple Game]

12. A CFO and he didn't realize this could happen to him?

Got what he deserved. When you are in management, especially at that level, you represent your company 24 hours a day. He should have known that.

[ForgoTheConsequence]

17. Yep that's being overlooked.

He was the CFO. Which makes this even more disturbing. I completely understand the frustration but at the same time the CFO of a company berating a fast food employee doesn't sit right. Like I said earlier, have the guts to go after the people who matter don't be a bully and go after the low hanging fruit. That girl has as much to do with spreading hate as the Apple store employee has to do with exploiting workers in the third world.

[freshwest]

30. Makes you wonder how he treated the people working for him, huh?

Almost Mittish with the statement, more or less, gleefully saying: "I enjoy firing people that do services for me!"

I wonder about this.. I really do.. All he did was make the tea baggers look like populist.

Maybe this was his golden parachute between him and the boss. They'll still have to pay his retirement, severance and stock options, etc.

[kelly1mm]

16. Similar thread a few before yours

here is a link:

http://www.democraticunderground.com/10021064095


I think yours is fine as it is a different source about the same incident.

My thoughts: guy is a 1st class JERK and I am not sorry he was fired.

[ejbr]

20. I am pro-gay, but if I were that employee, I would say

"Dude, I don't get paid enough to give a shit. Do you want fries with that?"

[Enrique]

21. watching the video is important

from reading the story, I was ready to hate the guy but then I saw the video and saw that he was not abusive to her, he was just talking to her.

[ForgoTheConsequence]

24. If thats normal to you.

I'd hate to see how you treat people on a daily basis. He was a prick.

[ejbr]

25. He said....

"I don't know how you can work here..." Does he presume she has a choice? I actually hated him more once seeing the video because she was exceptionally pleasant.

[JI7]

57. he sounds like a fucking annoying jackass , she made clear she is just working there

she didn't even try to defend the anti gay crap. she is just a lower level employee. stupid to go after people like her.

and the comment about how can she work there. maybe she doesn't have options and needs to pay bills, eat etc.

[Beacool]

68. "I don't know how you live with yourself".

What an a-hole!!!!!!!!! How does HE live with himself? Self satisfied jerk going after a young girl like that!!!!

Now he will need his free water since he's now in the ranks of the unemployed.

[Hestia]

72. He also told her she deserved better - why isn't anyone finishing what he said?

I don't think he was a dick either - definitely not something to get fired over. Wow, maybe as a society we've gotten way too sensitive about what people say.

[Broderick]

121. Easy to say that as a jackass

sitting in his expensive car making his six figures plus a year. Probably making 250,000 a year or more and she makes 8 bucks an hour.

I was completely put off that he finished by going out of his way to say he didn't have any gay in him and how he was completely heterosexual. Why put that out there? Was he ashamed that she might think he was, or that his youtube buddies might think he was and that is a bad thing?

[twizzler]

122. I found that curious also

why would he make that statement?
I'll bet he thinks twice about doing an assholish thing like that again.
Whaddaya wanna bet it was a company supplied car?

[Posteritatis]

27. I'm okay with people facing consequences for being dicks to service-industry workers. (nt)

[-..__...]

31. What an asshole.

One, for his demeaning attitude... two for posting a video of the employee... most likely without her permission.

Now that he is longer employed... it would be ironic if the only job he could find was working for minimum wage at a fast food joint.

[Arctic Dave]

35. Wow, that got him fired?

She was polite and he was exercising his opinion about a douchebag corporation.


I would guess if that same exchange took place between him and an ExxonMobil employee you be signing his praises.


Do you wonder how many, "this corporation shares my values" exchanges she heard that day?

[twizzler]

39. If he hadn't recorded it and posted it on youtube

then we would never have heard about it, but he did record and post it and as a CFO he is expected to conduct himself in a manner that doesn't embarrass him or the company.
This moron also did this on his lunch time, so the termination is legal.
Berating an honest working girl making minimum wage who has nothing to do with the COO's comments is assholish at best.
Notice who was the professional in that video? If it had been me, he would have been wearing that water.

[ejbr]

40. + 1 n/t

[Arctic Dave]

42. She could have easily said she agreed with him.

As far as know being a CFO doesn't negate free speech.

Not sure what being on his lunch break has to do with anything.

[ForgoTheConsequence]

46. Has nothing to do with free speech.

He isn't a government employee.

As a member of management he represents his company directly.


As for agreeing. Yes she could have, but for 8 bucks an hour the only thing she was probably concerned about was making it through the day without sticking her head in the fryer. She looks very taken off guard, she doesn't make enough to deal with the shit brought down upon her by her CEOs backwards ass thinking.

[Arctic Dave]

56. Wow, that's a lot you know about her.

What else do you know? Favorite color? Song, maybe?

And what does being a government employee have to do about free speech? As far as I can see it, the First Amendment didn't categorize people by job designation.

Should the CEO of Chick Fi Lay be fired also?

As for being taken off guard, what does that mean, did she only hear positive things that day about her shitstain CEO? Did the large influx of people totally get lost on her?

[JI7]

58. she was on the fucking job, what the fuck is she supposed to do, she isn't in charge

i'm sure she heard the stuff about the ceo. but that's not her. she isn't the one making choices.

[Arctic Dave]

59. Really?

Should couldn't give a nod. I didn't see the gun in the video, can you point it out for me?

[JI7]

61. why should she ? for her it's just about doing the job while there , the whole thing is just so

fucking stupid. it seems to be more about making that guy feel better as if she is doing somethign positive.

the same way the fucking idiots who were eating there think they were fighting for freedom of speech.

[ForgoTheConsequence]

62. The First Amendment doesn't apply to your employer.

It applies to the government. The government can't prohibit free speech. Are you really that ignorant of the constitution?


And I never said the guy should be fired, actually if you actually read the thread you would know I posted just the opposite.


And as for being taken off guard, her job is to smile and take the money from fat Americans and say "have a nice day" not take shit from bullies.

I've worked in the food industry, it sucks.

[Beacool]

66. She would have probably lost her job.

She was trying to perform her duties, she didn't need some self righteous jerk to make her job even harder.

[Arctic Dave]

69. Would she have lost her job if she high fived a bigot?

Just asking, you seem to know the ins and outs of the job.

[hack89]

83. I am sure all the employees were briefed by their managers on how to act

she was most likely told to be professional, don't take it personally and don't take sides.

[Arctic Dave]

136. Speculation.

Seems the manager should be telling the franchise owner to tell the CEO to STFU up or risk alienating customers and staff and telling the staff to eat shit sandwiches with a smile.

[hack89]

140. I don't understand why you are so worked up about this.

he was a jerk, she handled it professionally, and his company did what any company would do in a similar situation.

[Arctic Dave]

152. Worked up?

They were both cordial. He wasn't out of line and she was nice.

I don't see why any one gives a rats butt about the entire thing.

[hack89]

153. Because he displayed incredibly poor judgement by recording it

and putting it on the internet.

I would have fired his ass if he worked for me.

[eilen]

96. He wasn't representig his employer.

So I don't know how he caused harm.

And, he was merely complaining about the company. His rant was civil. You should hear the shit I get at the hospital from patients and/or their family members, and I'm not talking about the stuff I have wipe up---all over things of which I have no control. So as a CSR, that's the breaks. They have to vent to someone and the people at the front lines have to take it. I'm sure if he had access to the CEO he would have given him the rant.


Think about this, companies insulate the people who have decision making power. That is why we are left with never ending phone menus and CSR's in Asia.

[twizzler]

102. It doesn't matter

When you reach that level of management, you are required to sign a code of conduct contract which lays out what is expected of you on and off the job and one of the specifics is don't do anything that will bring embarrassment to yourself or you employer, which he obviously did by berating a young lady just trying to make a living on minimum wage who had nothing to do with what the owner of Chick Fil A said.
He stupidly showed his face on the video and then posted it on youtube and the girl told him she felt uncomfortable being taped.

Bottom line is he violated the terms of his contract and he paid the price for it.

[eilen]

143. Unless you are privy to his contract, that is conjecture

Thing is, what you do when you are not at work should be none of your compay or boss's business. Social media should be off limits to employers in respect to job performance---Unless the actions were on company time.

[twizzler]

145. But it is their business when you bring shame to the company

which he did.
I'm just speculating here, but as an officer of the company, he probably had a company vehicle and he was in that car on his lunch break when he berated that young lady which would be grounds for termination. Once again, just speculation.

Bottom line is, he was a asshole bully who stupidly bullied a young girl making minimum wage who has NOTHING to do with what the owner of the business said, then he tapes her against her wishes, shows his face on video, then posts it on youtube, if for no other reason, he deserved to be terminated for being just plain stupid.

He was a salaried employee so he was on company time during his lunch time.

[eilen]

97. I bet his CEO is a bigger dick to his waitress, he just hasn't filmed it

And it is probably over his food and not any higher ideal but his personal comfort.

[marshall]

79. He also went out of his way to humiliate her on a personal basis

She tld him she was uncomfortable being videotaped. Yet he continued to do so. And posted the diatribe on YouTube.

His point would have been much better made had he just taped himself in front of the restaurant, drinking his free water and commenting on how pleasant the young lady was who served him.

[twizzler]

82. I believe that when you get that high up in a company

you sign a code of conduct that lays out what the company expects of you on and off the job.
This idiot's huge mistake was also videoing his face and then putting it out on youtube.
You're second paragraph is right on the mark.

[Beacool]

65. No I wouldn't if some jerk goes after the gas attendant.

Go after the big wigs who make the decisions at corporations, not their low wage employees who are just trying to make a living.

Only cowards go after the weak.

[Arctic Dave]

67. LOL, you call that "going off"?

That is more polite then 95% of the post exchanges on DU.

[Serve The Servants]

38. I wonder if he still considers that water "free"...

Since it now cost him his job.

What a prick.

[wordpix]

41. that was dumb - a worker making min. wage can't do anything about what's done at the top in most

corpos.

[zellie]

146. Totally agree.

nt

[fascisthunter]

43. doesn't help who exactly?

[ForgoTheConsequence]

44. Anyone

It makes our side look like dicks, gives ammunition to the Fox News crowd and doesn't address the problem.

[fascisthunter]

45. you must belong to another side then

[ForgoTheConsequence]

47. What?

Whats the "other side"? I support same sex marriage, and I support the working poor. Which side are you on that its ok to bully people for the decisions made by their corporate owners?

[fascisthunter]

48. awww.... bully people? Sounds like I hit a nerve.... I am not on the side of corporations

they can veil themselves as pro-gay marriage and I don't give a shit. I am well aware what their bottom line is, are you? Or are you pretending they are all "good"? Right now it might be strategic for them to warm up to gay rights.

[ForgoTheConsequence]

49. What are you talking about?

I'm talking about a girl making minimum wage getting bullied by someone. Yes you did hit a nerve, I have a special place in my heart for people making shit pay that have to deal with the shitty decisions made by their managers and corporate owners.

My point was pretty straight forward. He has a point and a legitimate gripe but the way he went about it was unproductive.

Its not complicated.

[fascisthunter]

50. oooops. I stand CORRECTED

I read an article earlier and just ASSumed it had the same bias. My apology to you and DUers.

[ohiosmith]

76. This post was alerted on. The jury voted 6/0 to let it stand.

At Fri Aug 3, 2012, 01:09 PM an alert was sent on the following post:

awww.... bully people? Sounds like I hit a nerve.... I am not on the side of corporations
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=184078

REASON FOR ALERT:

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate. (See <a href="http://www.democraticunderground.com/?com=aboutus#communitystandards" target="_blank">Community Standards</a>.)

ALERTER'S COMMENTS:

Please read this and his two previous posts on this thread, this guy is a bully

You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Fri Aug 3, 2012, 01:18 PM, and the Jury voted 0-6 to LEAVE IT.

Juror #1 voted to LEAVE IT ALONE and said: No explanation given
Juror #2 voted to LEAVE IT ALONE and said: No blood, no foul.
Juror #3 voted to LEAVE IT ALONE and said: Hardly bulling. Nonetheless the poster apologizes for his misunderstanding with post #50.
Juror #4 voted to LEAVE IT ALONE and said: In context, seems more of a misunderstanding than "bullying" to me. Furthermore, an apology was offered down sub-thread. An alert is overkill.
Juror #5 voted to LEAVE IT ALONE and said: The post does not meet the criteria for hiding it.
Juror #6 voted to LEAVE IT ALONE and said: the poster is sarcastic and angry, not to a degree that warrants hiding imo.

Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.

[sofa king]

51. What a stupid distraction.

The Republicans just hit every middle-class American in the wallet by blocking an extension of the tax cuts, and the biggest story of the week is about a homophobic grease-pit that sells the vinyl of American cuisine.

[SylviaD]

52. I would have fired that jerk too. Immediately. n/t

[Tom Ripley]

53. I smell James O'Keefe

[onenote]

114. huh?

care to explain?

[Earth_First]

54. What a jackass...

While I do not feel that he should have lost his job, he should not have been harassing someone at their place of employment, either.

Who knows this young womans' situation, why she works where she works.

If someone had entered into private property, walked by a receptionist, and likely a secretary and walk directly into this guy's office at Vante and began harassing him for his company's business practices, they would have been ARRESTED.

Poor decision by this gentleman.

Now, he has some time to think about his decision.

Perhaps an appology video...

[Broderick]

123. I can't understand how anyone can't understand that he deserved to be fired

He was a CFO of a private company probably making 250000 a year, videotaping some young girl trying to make a little money at 8 bucks an hour and then putting it up on youtube for the whole world to see. She didn't ask for that! He is a 1%'er with a 1%'er attitude towards a low level fast food worker, a young woman in no position of power in about the lowest form of a starting job one can get. And then he goes out of his way to tell her he has no gay in him and he is totally heterosexual. What was the point of that? Scratching my head.

Would we be saying the same thing had some RW wack job with a 1% executive job berating some low level fast food worker about the reverse?? And that person videotaped them and put it on youtube? We would be calling for his skull.

[Beacool]

63. So this guy felt validated after verbally attacking a young girl in a low wage job?

What a man!!! I wonder if he feels so smug now after losing his job. The girl had more class than he'll ever have. Go after Cathy, not the employees. They are under enough stress and pressure as it is.

[emilyg]

71. Stupid man.

[CBGLuthier]

77. CFOs work under contract. The first amendment does not exempt anyone from the terms of a contract

I would imagine not embarrassing the company would be a standard clause.

I am really amazed at times how some people don't seem to have any understanding of how the world works. Run around screaming about free speech. Really funny since the other side is saying the same ignorant thing about the free speech rights of the CEO of that there chicken chain.

Speech must be free but not free from consequences. Say or do something stupid and you will be judged. Either by your potential consumers or by your employers. All the same.

[themaguffin]

81. His employer firing him is its own issue, but his action was wrong. WE are better than that!

That's a wingnut stunt.

That girl won't see things differently because his stunt and she will be used by CFA and the right as an example to prove their ridiculous victimhood.

ughhh, he should not have done that.

That is not the way.

[sinkingfeeling]

84. If Chick-fil-A's CEO has free speech rights, then why doesn't this guy?

[twizzler]

86. Because when you get that far up in a company

remember this guy was the CFO, you sign a code of conduct contract which outlines what is expected of your conduct on and off the job and one of the specifics is don't embarrass the company on or off the job which is exactly what this idiot did by berating a young girl just trying to make a living on minimum wage. On top of that, the employee told him that she was uncomfortable being video taped.
He's lucky it wasn't me, he would've been wearing that water.

He screwed up an he lost his job, rightly so in my opinion.

[sinkingfeeling]

87. No one in their right mind signs away their right to free speech.

[twizzler]

90. It's not a matter of free speech

that code of conduct is standard for all companies and their upper management. The termination is legal and if he appeals it, he'll lose.
If he hadn't taped the incident along with his face and then youtubed it, we wouldn't even be talking about it and he would still have his job.
Bottom line is, he embarrassed himself and his employer and he violated the terms of his contract which is a cause for termination.

[sinkingfeeling]

104. You have absolutely no proof that he ever signed a code of conduct. And I have

be under such a 'code' as a first-line manager in one of the world's biggest corporations. I fought with them about my right to protest at their stockholders' meeting about their investment in South Africa. I won.

[twizzler]

107. You're right, I don't have any proof

But it's pretty SOP for most big companies when you reach that level of management.
He did an assholish thing and he paid the price for it. That young lady showed a remarkable level of restraint for which I commend her, he, on the other hand, was a bullying asshole and deserved to lose his job.

[Broderick]

124. He is free to say whatever he wants

They are free to determine he can work somewhere else.

[Thor_MN]

150. Did you make a total ass of yourself during your protest?

This isn't about him protesting, it about being a jackass and then posting it on the internet, annoucing to the world what a cruel asshole he is. Had he filmed himself telling her calmly his views on the company, with no insults or personal attacks, we would not be talking about this.

[slackmaster]

88. Who is going to fire CFA's CEO?

[KansDem]

91. Apparently CEOs can say what they want; CFOs can't...

I believe I understand it now...

[twizzler]

93. The difference here is

that the CEO is the owner of Chick Fil A, and the CFO is not. Who's going to fire the owner?

[4th law of robotics]

118. He does. Notice that neither are going to jail

free speech means the government won't interfere.

It doesn't mean you are free from any consequences.

[LanternWaste]

131. They both have free speech...

They both have free speech, and both have found out recently that free speech often has consequences.

[yellowcanine]

85. Being rude to a low level employee who has nothing to do with the owner is

extremely inappropriate. Posting a video of it even more so. Yeah, I would not want that guy associated with my company.

[Broderick]

125. Nor I

Business comes in all forms and as Chicklet filet is learning, it hurts business to get in the business of politics.

I can't afford to have people working for me that alienate customers based on beliefs or politics or prejudices.

[closeupready]

89. I'm not a lawyer, but I think that termination would be actionable in court.

On various grounds.

[twizzler]

92. No it won't

When you reach that level in management, you sign a code of conduct contract which lays out what is expected of your behavior on and off the job and one of the specifics are don't embarrass the company by your actions which this idiot obviously did, especially by showing his face on the video. He clearly embarrassed his employer which is a termination offense.
He can try to appeal, but he'll lose and rightly so.
He attempted to bully and embarrass a young lady who had nothing to do with the CEO's comments and she is the one who was the professional, if he had done that to me, he would've been wearing that water.

[closeupready]

94. If he takes them to court, they are likely to try to settle.

I'm sure any number of Gloria Allred-type lawyers would be willing to sue on a contingency basis.

[twizzler]

95. I highly doubt it

The company has his signed contract, they have the youtube video, they'll have the young lady testify how she felt bullied, and don't forget, she told him she felt uncomfortable being video taped, with all that, I seriously doubt that they would settle with him.

Companies like that have lawyers on retainer or staff who live for this.

[closeupready]

98. Doubt away. I'm not trying to convince you of anything.

This is my opinion, and I'm entitled to it.

[twizzler]

100. Of course your entitled to your opinion

and I didn't say you weren't. I just laying out facts.

[Major Hogwash]

103. Absolutely.

Smith has his ex-employer by the ballz now.

[twizzler]

109. I doubt it.

When you reach that level of management, it's pretty SOP to sign a code of conduct contract that lays out what is expected of you on and off the job and one of the specifics are don't do anything that will cause embarrassment to yourself and your employer which he clearly did. If he hadn't showed hid face on the video and then posted it, he would still be employed and we wouldn't even be talking about this.
I don't have any proof that he did sign a contract, I'm just going by what I know by experience.

[onenote]

116. Care to illuminate for us lawyers what the "various grounds" on which he could base a suit

against his employer?

[Broderick]

126. snicker

I would like to know too.

[Major Hogwash]

127. It's very easy for the rest of us to see.

Which part of the law are you having a hard time with?

[onenote]

129. I guess I'm having a hard time with the part of the law

that the poster claims gives the employee "various grounds" to sue but that the poster has chosen not to identify. If you know what they are, please share.

[twizzler]

130. So make it very easy for us to see

what did his employer do that was illegal?

[Major Hogwash]

132. I don't eat at Chick-Fil-A

Enjoy their sandwiches all you want, but I ain't eating there.

[twizzler]

134. We don't have Chick-Fil_A here

we have KFC and Church's Chicken and I wouldn't eat at Chick-Fil-A even if we did have one, but what's that got to do with the question you were asked? You said that Smith has his ex employer by the balz now, and you were asked, how?
I'm not trying to be argumentative, but you made an allegation of wrongdoing by the employer without any evidence or proof.
I myself would like to know what recourse Smith has.

[onenote]

137. Worst avoidance of a question ever.

First, to get your lame attempt at either humor or criticims (inept at both) out of the way: I've never eaten at a Chik Fil A and I have no intention of doing so.

Second, turning back to the actual topic of this subthread: what are the "various grounds" on which the fired employee could sue -- you know, the ones that are so obvious we should all know them but that you find it necessary to go to absurd lengths to avoid describing.

Finally, for the record, I do not believe that there are any grounds on which the employee could challenge his termination, UNLESS his employment contract was written in such a way that it limits his termination to "with cause" and defines "cause" narrowly. Is that possible? Yes. Is it likely? No. More likely -- and I state this as someone who has drafted executive employment contracts --his employer retained the right to terminate him for cause, with cause broadly defined so as to give the employer a lot of discretion and also gave them the right to terminate him without cause, albeit with the payment of certain benefits, separation etc. in that circumstance.

Your turn.

[COLGATE4]

151. You'll be waiting a long time for a response.

"Major Hogwash" seems somehow to be totally appropriate here.

[twizzler]

144. Do you have any intention of pointing out the obvious to us?

If it's so obvious, why don't most of us see the various ways Smith can sue to get his job back.

[Serve The Servants]

141. Who's the rest of us??

Speak for yourself, please.

Actually... the law that I, myself just created off the top of my own head clearly states that being a smug, self-righteous prick on youtube can cost you your employment.

Looks like I'm correct, too.

[eilen]

99. I don't think she was bullied nor threatened.

If you work in customer service, people are much ruder and obnoxious. My son works at Arby's and tells me about people who order 5 sandwiches, eat them all and then walk up to the counter and demand 5 free ones because they claim there was not special sauce on the previous 5-- and he is expected to hand them over. Even after they accuse him of incompetence without proof.

He thanked her for the water. He told her why he was asking for it and that he thought she shouldn't work for a hateful organization, she deserved better.

At least he didn't hide the camera.

[sweetapogee]

135. not just to you...

but in general, why are so many here spending so much energy defending a CFO member of the 1% who is a certifiable jerk?

[marshall]

138. He did however post her image on Youtube after she expressed her discomfort

Probably that would be enough in itself for Youtube to yank the video.

[KansDem]

108. Perhaps she and other workers could sue the CEO for creating a "hostile work environment"

It wouldn't be the first time (and I'm including some of my work experiences) that the rank-and-file were put into an uncomfortable working environment due to the actions of some jackass in the corner office...

[twizzler]

115. Interesting theory

Quite possible, maybe they should talk to a lawyer.

[mahatmakanejeeves]

111. A gay CFA worker speaks:

I greatly admired the performance of the young woman in the video. I don't know how she kept her cool. With her class, someday she'll be making more than she's getting now.

Here is the view of a CFA worker:

A Gay Chick-fil-A Employee Speaks Out

We had two protestors outside, and I took five minutes to run out, hug them, and tell them: if I weren’t working here now, I’d be out here with you.

They said, “It’s okay, we know what it’s like to have to work for a paycheck.” Hearing that was ten times better than hearing from my acquaintances on the other side of the coin: “How do you work there and still sleep at night, knowing their stance against equal rights?” I sleep with a roof over my head, which is about all I can ask.

[twizzler]

113. Thank you for that wonderful post

This guy was a total jerk and this young lady showed remarkable restraint and professionalism dealing with this idiot. She is going places for sure. If it had been me, with my temper, I probably would've thrown the cup of water on him.
This idiot deserved what he got in my opinion.

[4th law of robotics]

117. I'm sure the 18 year old working for minimum wage totally has sway over this multinational company

just scream at him enough and he will finally relent and force Chickfila to change it's stance.

[twizzler]

120. The thing is that's not Chick Fil A's stance

it's the owner's stance.
As far as I can perceive, the company itself is adhering to all federal, state and local anti discrimination statutes.

[Green_Lantern]

133. He played right into Fox News hands...

They were using the video as "evidence" that both sides can be intolerant bs.

[Nye Bevan]

139. My guess is that he was just as big an asshole at his job

as in the video. His former co-workers are probably delighted to be rid of him.

BTW many DUers don't seem to understand the concept of "at-will employment". In this country you can pretty much be fired for any reason whatsoever as long as it is not based upon your age, race, religion, sex, or a disability.

[Ter]

142. He should have left their employees alone

Take it up with the CEO, I know I would be pissed if someone did that to me.

[NCTraveler]

149. The young lady showed great class and restraint.

I have a feeling this isn't the first problem Mr. Smiths employers have had with him.