[net.legal] Lessons from Maroney case

peterr@utcsrgv.UUCP (Peter Rowley) (06/01/84)

Thanks to those people who replied to my two articles on the story related in
Tim Maroney's postings.  I'd like to clarify my articles somewhat.

Firstly, someone at UNC reminded me that only certain CS faculty were involved
in the decisions reported on, not all UNC faculty.  This is a point that is
very well taken; please consider all references to "UNC" in my articles to
refer only to those faculty involved.  Note, though, that I still hesitate
in accepting the Maroney postings as a complete record of what happened-- the
point of my articles was to comment on a *mythical* situation which may well
be a good precedent.  How close that situation is to reality is questionable
without hearing from the UNC faculty involved.

Secondly, I've been admonished for equating respect for a contract with blind
following of authority.  I perhaps stated my case too strongly.  My feelings
arose from TCWheeler's comments about "the blatant disregard for the edicts
of my employer, be they good or bad" and similar comments by others,
indicating a willingness to do almost anything as long as it is ordered by
someone in authority.  I was very startled by this; it really is a dangerous
thing.   But I did not mean that one should break contracts capriciously.
As a matter of tactics, if one wants to challenge an employment condition
in the courts, breaking the condition, being fired, and then taking the
firing to court would seem to be the way to do it.  This is clearly not
undertaken lightly.

Note that the relationship between my comments on following authority and
Tim's case are very indirect--  my comments were directed to some attitudes
exhibited in other articles discussing the case (esp. TCWheeler's).  Trying
to guess the legalities of Tim's actions with respect to his employment
contract, when we don't even have a copy of what he signed, is pretty much
a loser's game, I'd think.

p. rowley, U. Toronto