December 9, 2003
OpEdNews
By Starr Kelso (see more at bottom)Michael Edmondson worked for the same company in the tiny one company town of Elk City, Idaho for 22 years. He worked his way up from laborer to supervisor. Along the way he lost his left thumb in a work accident and later injured his lungs in a fire at work. On his last work evaluation he received all "very good" marks from his plant manager. He was awarded Idaho’s first Gem Citizen Award for his community involvement in public projects. By all accounts he was an exemplary employee who gave 200% to "his" company.
A public meeting was posted on the company bulletin board encouraging all to attend a meeting to "Save Elk City". He went to the meeting. He did not speak up at the meeting or express any opinions to fellow employees at work or otherwise on the issues discussed.
Within days of Michael’s attending the meeting a decision to fire him was made by the company’s general manager. He ordered the plant manager to fire him. This manager testified he did not know, why he was ordered to fire Michael, but he followed his orders. The general manager testified that he fired Michael for attending the public meeting and when he made the decision, he was not aware of his "very good" work evaluation.
The Idaho Supreme Court upheld the lower court’s ruling that the First Amendment to the U.S. Constitution does not establish a "public policy" supporting free speech / free association. Thus under Idaho’s "at-will" doctrine, where an employee can be fired at any time for any reason, so long as it doesn’t violate "public policy", the Idaho Court held that the firing was fine, because free speech / free association is not a public policy of Idaho and apparently not any state other, than Montana.
The lone dissent on Idaho’s Court warned that "allowing employers to terminate employment based on an individual’s association and speech regarding public issues... invites employers to squelch the association, speech and debate so necessary to our system of government". As Idaho’s largest daily paper, The Idaho Statesman, concisely stated in its editorial, "Supreme Court Speaks: Shut Up and Get to Work".
The Idaho Court, during questioning by one of the members of the majority decision, clarified the extent of the ruling. He asked employer’s counsel, whether Michael could be legally fired just for marrying a woman of color. The answer was yes!
Don’t think for a moment that Idaho is alone and you are immune! All states, except Montana, recognize the "at-will" employment common law rule. The next time you go to an environmental meeting, a forest users' group meeting or even marry a person of another race, creed or color, remember that you can legally be fired from your job - even if you are an exemplary employee! To be protected, you need to get permission from your employer in writing, before doing anything away from work, even attending a 4th of July parade.
During World War II, Franklin D. Roosevelt spoke of the most fundamental freedom held by U.S. citizens - Free Speech - anyone and everyone can have a voice in America. President Bush in response to protesters recently reaffirmed the protestors’ fundamental right to voice their opinions. We cannot let this right be taken away.
Mr. Edmondson needs help. His tragic story has been aired nationwide on CNN’s Newsnight with Aaron Brown and Thom Hartman’s nationally syndicated talk show. He needs your help financially, in order to prepare and file the necessary documents, so that he can place this issue before our U.S. Supreme Court. Time is short - less, than 30 days. For a free America - help is needed now.
Send Contributions to:
Starr Kelso (Mike Edmondson Fund)
Employment Law Center
P.O. Box 1312
1621 N. 3rd St.
Coeur d'Alene, ID 83816-1312Contact Information:
Starr Kelso
Tel.: (208) 765-3260
Fax: (208) 664-6261
E-mail: starr.kelso@verizon.netBio:
Starr Kelso, formerly a hard rock gypo miner, forest fire fighter, H.S. teacher/coach and deputy sheriff, is now a licensed attorney in Idaho, Montana and Colorado, where he has actively practiced for over 20 years. He was a special deputy attorney general for a decade, until - after discovering illegal actions of a quasi-public entity - he refused the demand of the then Attorney General to stop the investigation. He is a strong advocate of lawyer and judicial accountability. His practice for the past decade has focused on corporate and governmental abuses of a wide nature. His other recent cases involve a class action against an insurance company for failing to return over 200 million premium dollars to policyholders, challenging the legality of a significant Idaho primary election in Idaho some five months before the Florida debacle, challenging the constitutional ability of governmental entities to enter into long-term multi-million-dollar debt without voter approval and in initiating the class action in Idaho against a national bank in Idaho for selling its customers' private information without their knowledge. The Edmondson case is one of the more recent cases undertaken by Starr in this vein of individual rights litigation.