Would this be a civil rights violation | MassCops

Would this be a civil rights violation

Discussion in 'Civil Law' started by jettsixx, Nov 20, 2010.

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  1. jettsixx

    jettsixx Had enough

    Here is the scenario: (please disregard personally feelings about facebook,myspace etc.) (also this story is not about me however I do know the people involved)

    Mr. X sends a message, while at home, and from his home computer, to Mr. Y via facebook personal message, the message was not threatening or any type of racist remark. Mr. Y is offended and tells his boss about what Mr. X said. Mr. Y's boss calls Mr. X's boss and demands that Mr. X write an apology to Mr. Y. MR. X's boss agrees and tells Mr. X that he will need to write an apology to Mr. Y immediately or face disciplinary action.

    My question, is can Mr. X's boss threaten disciplinary actions for something that did not occur on work time, work grounds, or using work equipment? The only thing that is work related is that Mr. X and Mr. Y only know each due to work.

    Also Mr. X went to his union and they advised him that he should just write the apology letter.

    I am curios of your take on this, I feel that Mr. X has the right to express himself.
     
  2. EMTFORHIRE

    EMTFORHIRE MassCops Member

    If there was nothing work related written in the message I cant imagine how the boss should have anything to do with what goes in there personal time and there personal affairs. Now if all of this stemmed as a result of something happening at work then yes I can understand the boss getting involved. but seeing as I don't have any legal knowledge on the matter, that is merely my opinion.
     
  3. 47turksinajar

    47turksinajar MassCops Member

    WHAT THE FUCK ARE YOU TALKING ABOUT! quit the Mr. X and MR.Y shit...
     
  4. grn3charlie

    grn3charlie Yeah, THAT GUY!

    Since every case needs to be judged on its merits (or lack thereof) I think that there needs to be more info especially since the union is going along with it. Regardless, what was the offended's name? Mr. Puss Y?

    He went tattling to the boss instead of facing X mano e mano!
     
  5. OfficerObie59

    OfficerObie59 Public Trough Feeder

    Jett, you told us what the content of the message WASN't, not what it WAS. If you're talking about a cop and the content could be considered Conduct Unbecoming, I think the guy is SOL.
     
  6. jettsixx

    jettsixx Had enough

    Basically he did go crying, sorry turksinajar if you couldnt follow it, I dont want to use any specific names. You can substiture smith and Jones if it makes it easier for you.
     
  7. jedediah1

    jedediah1 MassCops Member

    i would have laughed in my boss's face and told him not only would i not do that, but that i would want an apology from mr Y's boss for sullying my good name at my place of employment....
     
  8. 263FPD

    263FPD MassCops Angel



    What he said.


    Outside of work in that scenario, means nothing. Mr. KY obviously isn't to friendly with his buddy, "Whateverthefuckhisname".

    It would be alot easier to tell what's going on if you'd clue is in to the content of the message. Without content, I personally can not judge one way or the other if this is "a civil rights violation."

    ---------- Post added at 16:37 ---------- Previous post was at 16:33 ----------

    If it were you doing it as a cop on or off duty, you would be finding yourself in a disciplinary hearing flanked by a inion rep. and a union lawyer. Sometimes it's best to eat a hunk of a humble pie then getting a bunt cake up your ass sideways.
     
  9. jettsixx

    jettsixx Had enough

    From what I have heard he called the guy a scab, thats it nothing else. What I was wondering is if that would be covered under freedom of expression. There really isnt anything more to it. My opinion is that if it had nothing to do with work then why would a supervisor even have the right to be involved. The complaining party is a PO other party is a dispatcher. I know childish.
     
  10. 5-0

    5-0 Guest

    Wow... The complaining party is a PO? What a FAIRY.
     
  11. TRPDiesel

    TRPDiesel MassCops Member

    Send him an apoligy card with a cute baby on the front....
    [​IMG]
     
  12. 263FPD

    263FPD MassCops Angel

    Scab would not constitute Civil Rights Violation IMHO. Could be harrasment:rolleyes:

    Someone has some very thin skin.
     
  13. 5-0

    5-0 Guest

    Is he going to file a 258e next? hahahahahaha
     
  14. TRPDiesel

    TRPDiesel MassCops Member


    The job will manipulate what you say or do to be conduct unbecoming and Mr. X being guilty until proven innocent as a PO doesn't help either. Suck it up and write the letter and avoid the pansy jackass.
     
  15. jettsixx

    jettsixx Had enough

    Ya, like I said childish. I was just curios as to how the supervisor could get involved when it was on the disaptchers own computer at their house. Had nothing to do with work. Just glad I'm not involved it would get ugly. I never apologize for something I felt I was right about. It would get ugly lol. Thanks for the responses.

    Diesel, my question is was the dispatcher civil rights violated where they were threatened with being reprimanded for expressing themself.
     
  16. chief801

    chief801 Subscribing Member

    Conduct unbecoming could be applied if there is a nexus between the activity and work. Even if it is on a personal computer, on personal time, if puss-bag got his wittle feelwings hurt and it negatively impacts operations, the "offender" could possibly be in the soup...

    On another note, ordering apologies is just ridiculous. An ordered apology lacks sincerity...all it does is piss off the writer, it doesn't change how he/she feels about the behavior, therefore, it is useless. I've had many people demand an apology from officers, and I always tell them that I can't make someone say they are sorry if they are not sorry.
     
  17. 263FPD

    263FPD MassCops Angel

    I am guessing that the appolgy is being ordered simply due to several factors. Either combined or separate these factors could include but may not be limitted to;

    1. Supervisor wanting the whole matter to go away without further action.

    2. Supervisor trying to keep the whole thing off the record so as not force a
    letter of counsell being given to his subordinate. Keeping the suborinate out of
    a situation where an internal investigation may follow the complaint.

    3. Supervisor being lazy and not wanting to start an internal investigation.



    I have to say that while I agree with chief801 that a forced appology means nothing,
    it very well be a way to put this issue to bed.

    It seems that days of settling your differences in the parking lot after work are long gone. People have become such pussies. On one hand, you have a dispatcher busting balls via Facebook. Why? Too much of a pansie to do it face to face?

    On the other hand, you have a cop making a formal complaint. If I had a nickel for every time I have seen cops breaking each other's balls, I would retire right now. What kind of a pussy thing is this? It seems like such a Rat thing to do. Will this guy run to IA next time there is an internal on one of his brothers? You got a probem with someone who may have bruised your delicate ego, go to them directly,

    I mean What The Fuck, really?
     
  18. pahapoika

    pahapoika Subscribing Member

    not a lawyer, but can't see any "civil rights" violations. as 263FPD mentioned getting it taken care of right now is the better option.

    the more people involved the worse it gets. PC politics tends to favor the cry babies.

    simple verbal apology should suffice. the letter thing is overkill.
     
  19. jettsixx

    jettsixx Had enough

    I couldnt agree more 263. I know the guys I work with we bust each other all the time I always considered it part of the "brotherhood". BTW I think you hit it with number 3.
     
  20. firefighter39

    firefighter39 Subscribing Member

    Maybe I am reading into this but was the term "scab" used in reference to union activities? If yes, then the person who used the term could be "guitly" of harasing someone over their union activities
     
  21. TRPDiesel

    TRPDiesel MassCops Member


    Like 263 and 801 said, depends on the content and how it could be interpreted.

    I am sure that my opinion and those of admin is vastly different. A majority of the stuff that we deal with is chickenshit and should be self solved without intervention. But I also feel that I can handle whatever life throws at me and don't need my hand held at all times. In this day and age I am surprised that more people or co-workers are not offended by the typical gallows humor that is prevelent in Police work. I don't believe that we are heading in the right direction, but what do I know.
     
  22. 263FPD

    263FPD MassCops Angel


    Now we are talking Labor Laws. The smarter thing to do is just bite the bullet and do what it takes to make it go away.
     
  23. jettsixx

    jettsixx Had enough

    I think that is what they did.

    Thanks everyone for the responses, Mods If you could closed this thread I think it has been answered.
     
  24. grn3charlie

    grn3charlie Yeah, THAT GUY!

    I'll get the last word then. The offended is still a pussy
     
  25. cc3915

    cc3915 MassCops Angel Staff Member

    The offended is a BIG pussy.

    Thread closed at request of OP.
     
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