A story of a she said/clinic said battle.
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People misunderstand their 1st Amendmant rights. The 1st amendmant protects you from prosecution from the government for things you say. It does not protect from civil liability or from being fired. In general, the first amendant stops at the front door of the workplace.
The 1st amendment doesn’t automatically protect you from that, yes. But if we as a society decide that maybe, perhaps, possibly we don’t want to live in a world where your boss makes you sign a contract that says you agree not to say anything, at or not at work, which your boss THINKS may reflect poorly on your public image – then there is nothing stopping employment law from changing.
This woman sounds like a nutjob, but that contract sounds absurd and, quite frankly, unamerican. Have we really arrived in a society where the thought of getting fired for religious beliefs or gender is totally absurd and opens you to millions of dollars in liability but being able to get fired for going to a political rally is A-OK?
First, they can fire her for any reason at all other than a few selected prohibited ones. It doesn’t matter if you or I think it is a good reason or not. It is their business to manage or mismange and without a contract or civil service protection, she serves “at will”.
This is their will.
Second, for a professional practice, the public face of the professional is, in a broader sense, an asset of the business upon which they build their reputation and practice. Her actions affect her partners. If they think that they hurt the reputation of the clinic, then they have the right to find someone else. It would be same thing if she were moonlighting at a strip joint.
I have seen docs run off or less substantive reasons. I first worked at a clinic that had very broad langauge in the contract–it was clear that that I was expected to represent the clinic respectably 24/7.
I later worked for a clinic without a contract. They later sent one with “sign by” date and I just didn’t sign it because it covered actions at times other than when I was there and I wanted my independence. They backed down and I worked for them for years after that until I left for other reasons. Apparently they didn’t want her there on those terms. That is their right.
High profile public activism can cause clinical problems in a medical practice–especially one with a mental health practice. It can really interfere with managing patients with strong political obessions–especially paranoid delusional angry ones. It can even put staff at risk. Once again, it is strictly their decision whether this is a problem for them.
If she is so determined to be express her individual political opinions and thinks her activism don’t interfere with her professionalism, then why doesn’t she go into private practice. She can’t expect the paternalistic protection of an employer without losing some liberty.
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