[mod.politics] Poli-Sci Digest V6 #81

mcgeer%sirius.berkeley.edu@UCBVAX.BERKELEY.EDU (09/29/86)

>You misunderstand the constitution and the law.  To be PRESUMED
>innocent until proven guilty is a right due to all criminal suspects.
>It has nothing to do with the behavior of private citizens and
>corporations.  For instance if a bank suspects a teller of 
>embezzling, they do not have to prove it in court and send him to 
>jail in order tofire him for it.

        Wrongo, Keith.  Under current law in most states employers are
subject to a civil suit if they dismiss an employee without cause, and
may be forced to rehire the employee and pay damages if cause cannot
be shown.  Further, mere suspicion of theft without admissible,
documented evidence is not generally held to be cause -- though I do
believe that the burden of proof on an employer is not as great as
that of the prosecution in a criminal trial.

        As an aside, this is an interesting contrast to the practice
in Canada in the late '70's, when the Canadian federal government
fired a tax auditor because he belonged to an anti-metrification
group, and the dismissal was sustained in federal court.  Since then
Canada has incorporated a watered-down version of the US Bill of
Rights in its Constitution, so it's not clear that they could dismiss
the guy today.  On the other hand, they can still toss you in the
slammer there for claiming that the Holocaust didn't happen, so I
wouldn't rely on the Canadian Charter of Rights for too much.

                                        -- Rick
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