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Disgruntled X-Employee Suing Dennis Milligan

I am a little confused, I thought Arkansas was a right to work state and an employer could fire at will. We now have an X employee sueing the

tax payers for her pain and suffering.  According to the Saline County

Courier.

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Comment by Shirley Reynolds on May 7, 2011 at 9:24am

What about insuborination? Also, do you not have the right to have some one work for you that you think would be a good fit in your administration?  You know, I am not saying its right but Dennis has rights also. I think this sort of thing goes on all time when you get a new Chief in the room, if you are a new political team that has taken the office and they want someone else to take that position, don't they get rid of them and hire someone they think will better fit their agenda?  Sure it does.  I would not want to work for someone that did not want me so therefore I think its a money grab.

Comment by Kenneth Ray on May 6, 2011 at 9:22pm
Shirley, Dennis claims the the person in question was terminated for not being what he needed in his administration. He has a right to fire people and fill his staff as he sees fit but you still have to have a reason. Ask me again after May 24 when I am done with an intermediary hearing for that. All I can say is from personal experience Dennis better have his ducks in a row because when it goes to court his reasons as of now will not be good enough for EEOC and the court.
Comment by Shirley Reynolds on May 6, 2011 at 7:05pm

Kenneth Ray did Mr. Milligan not have a reason?  I don't know what either one of them did other than what I scaned in the Courier. I just saw where an x-employee was suing the Circuit Clerk for dismissal and I don't know for what reason and I am assuming there was a good reason or surely he would not have done that. I  have not heard why he let the person go.  Do you know why?

Comment by Kenneth Ray on May 6, 2011 at 6:40pm
No upbeat it doesn't override that. Believe me you have to have a reason to terminate. I am staring at an EEOC complaint for a termination. It was done by the book because being at will and so forth is NOT good enough.
Comment by Shirley Reynolds on May 6, 2011 at 6:40pm

Mr. Sutter, are you prosecuting Dennis Milligan and Saline County?  Is the employee wasting the Tax payer money by filing suit against the Circuit Clerk and Saline County? or are you having to defend Mr. Milligan and Saline County?  I still don't know why or what happen that the employee has filed a law suit.  I feel like she is qualified and could proably get another county job or prehaps a state job with out any problem or is she just wanting to raise a little cane when

there might be a better alternative.

Comment by Luther Sutter on May 6, 2011 at 10:04am

I usually try not to respond in these forums, but this last post punched a button.  WASTE TAXPAYER MONEY?  The phrase at will has been discussed on this forum multiple times, and it has not been used one time correctly, although Adrian came close.  All government action must have a rational basis, even a terimination decision.  But everyone has a right to free speech.  If government acts against a citizen because of that free speech, then there is a constitutional violation.   A right unenforced is not a right at all.  Elected officials are judged two ways-  in the ballot box and the jury box.  A jury's verdict sets the standard in the community.  Both of these employees are suing to determine whether their CONSTITUTIONAL rights were violated.  It was once said that the people who standby and see an injustice happen without action are worse than those who commit the action.  If government is going to apply rules to us, then I am going to apply rules to government.  I am proud to represent these citizens, as well as other citizens who have been deprived of their constitutional rights.  What can you do if you are arrested in your home for no reason?  Sue.  What can you do if your Free Speech rights are violated?  Sue.  What can you do if your mentally retarded 13 year is taunted and abused at the Arkansas State Hospital?  Sue.  Mine is not a popular job, but, unfortunately, a necessary one.  I certainly don't agree with everything that has been posted, but I will defend everyone's right to express their opinion.  I have spent my legal career defending people's rights, and I will continue to do so, as long as I am able.  THE CONSTITUTION MATTERS. The at will employment doctrine has several important exceptions.  If a person just wants to move on, fine.  But, if a person wants to vindicate a constitutional right, bringing suit is perfected acceptable and should not be denigrated.  Call her disgruntled, the 1st Amendment gives you that right, but, please respect the fact that others may fee differently.  I can tell you, beyond debate, most every person criticizes lawyers until they need one.  Shirley, come by for coffee one morning, and I'll be glad to discuss what I have posted.

Comment by Shirley Reynolds on May 2, 2011 at 3:10pm

Adrian, I don't recall who it was that was sueing Dennis Milligan except it was a disgruntled

employee that Milligan had replaced when he took office.  I believe these are elected and appointed jobs so if he thought his office would run better with out the person that thought she was mis-treated then he had the right to do that.  As for as the employee, I feel sorry for anyone that doesn't have a job and needs one but the person is proably very good experienced and can find another job proably better.  So just get over it and quit trying to waste Tax Payer Money.

Comment by up beat in bryant on May 2, 2011 at 12:03am
Adrian but there is state law that allows elected officials to hire and fire staff when they enter office and that over rides what you are talking about. I can remember when a elected official came in to a county office and fired every person and they all sued with no success because the judge has to follow state constitutional law until its changed and a judge cannot do that!
Comment by Adrian on May 1, 2011 at 11:48pm
Shirley.. Im not sueing him, so im not sure what you are talking about there. All i did was give you the link to do your research on what a right to work state means. It is different than "at will". He has the right to hire his own staff and fire them too, but just because its "at will" does not mean your immune to legal actions. I do not know the particulars in this case so we will just have to wait and see what the judge says.
Comment by Lawchic on May 1, 2011 at 8:13pm

Here we go again.....

Dennis Milligan is an elected official who has every right to make decisions regarding his staff.  Adrian can blow smoke all he wants (Wikipedia??? Seriously???) but that doesn't change the fact that Mr. Milligan had every right to clean house.  There are lots and lots of people who are out of work because someone just decided there needed to be layoffs for whatever reason. Those people have suffered in one way or another due to their terminations. It is a fact of life in this day and time. Thousands of people have lost their homes, retirements accounts, medical insurance, etc... because someone decided they were no longer needed or wanted in the position they held.  No one is irreplaceable.  LIfe goes on. Get over it. Just because the guy who canned you is an elected official and mine was a Fortune 500 corporate fat cat doesn't make your pain and suffering any worse than mine. Pull up your big girl panties, dust off the resume and go find another job just like the rest of us that got canned during the last couple of years.  Sometimes life just sucks!  But in the words of (I believe it was) Lynn Anderson, "I beg your pardon.... I never promised you a rose garden."

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