Political Views

[ed88bo]

What is the name of your state (only U.S. law)? Massachusetts

I work for a Sheriff's Department and I know that the Sheriff is corrupt. This is not the issue I am posting about however. He is two years out from election and is starting to put together his reelection campaign. I do not wish to support this man but I am being told if I do not he will make my life miserable. I know fighting these politicians is a losing proposition and I have a family to support but morally I can't support someone I know is a bad person. My question is; if I don't support him and he retaliates against me what are my legal options especially where I am not sure how I could prove it. I have been with the department for 25 years and have had only excellent evaluations but I have seen this man destroy people that dare to oppose him. Any ideas?

 

[cbg]

As the wife of a political consultant I truly feel for you. However, you're between a very big rock and an extremely hard place. I can't tell you what to do; I can only tell you what the law says - or rather, what it doesn't say.

What the law does not say is that political affiliation is protected. Neither Federal nor Massachusetts law includes political affiliation among the groups that are protected by law. Because it is not protected, you can be fired for not supporting him. It is not unreasonable for a political candidate to want their entire staff to be working towards his reelection.

"Retaliation" does not mean what most people think it means. Not all or even most retaliation is illegal or gives you legal recourse. If he "retaliates" against you for not supporting him, you may find that your only recourse is to find other employment.

I'm sorry you're in the situation you're in. I wish I had a better answer, but only NY, CA and in some limited situations DC provides protection for your political views.

 

[PaulMass]

What is the name of your state (only U.S. law)? Massachusetts

I work for a Sheriff's Department and I know that the Sheriff is corrupt. This is not the issue I am posting about however. He is two years out from election and is starting to put together his reelection campaign. I do not wish to support this man but I am being told if I do not he will make my life miserable. I know fighting these politicians is a losing proposition and I have a family to support but morally I can't support someone I know is a bad person. My question is; if I don't support him and he retaliates against me what are my legal options especially where I am not sure how I could prove it. I have been with the department for 25 years and have had only excellent evaluations but I have seen this man destroy people that dare to oppose him. Any ideas?

He can certainly make your life miserable, but he can't fire you without cause. But if he's as corrupt as you say, he'll fabricate justification. See G.L. c 35 § 51.

If within five days after receiving written notice of the decision of the appointing authority, the person so discharged shall so request in writing, he shall be given a hearing before the board. Said hearing shall be commenced in not less than three nor more than ten days, and shall be completed within thirty days after the filing of such request. The decision of the board shall be in writing and notice thereof shall be sent to all parties concerned within ten days after completion of the hearing. If the board finds that the action of the appointing authority was justified, such action shall be affirmed; otherwise, it shall be reversed and the person concerned shall be returned to his office or position without loss of compensation.

 

[cbg]

I am by no means certain that the OP's refusal to support his boss for re-election cannot be interpreted as "cause".

 

[PaulMass]

Also see http://www.mass.gov/ethics/education-and-training-resources/educational-materials/advisories/advisory-11-1.html regarding what the sheriff cannot do during a campaign.

 

[TigerD]

There is a huge difference between supporting and assisting.

Don't speak out against him. Cut him a check for just enough to trigger reporting - $50 to $100.
Memorize the following line: Of course, it is a great place to work. But I leave the political comments and policy decisions to my elected boss, who is running for re-election.

Don't get caught helping the opposition.

TD

 

[commentator]

We used to see this happen all the time. After a hotly contested election, the local sheriff terminates the people who didn't support him in the political campaign he's just won. Unfortunately for the entity they work for, they are "reimbursing" employers for unemployment tax purposes. This means they are only required to pay unemployment taxes when people are approved to draw them. When the sheriff fires arbitrarily due to lack of support, this makes the financial people really upset with this elected official. Usually a long time experienced elected official will learn about this, will not tend to be eager to fire people for non support, though he may get angry and threaten it.

If you haven't given your employer any valid misconduct reason to terminate you (and this means one that's good enough to convince the unemployment system it really happened) then they city or county government is suddenly on the hook to pay for your unemployment when the sheriff decides to terminate you for not supporting him enough. Fire you for any reason, without a good reason? Yes, really he pretty much can. But keep you from drawing unemployment after he does it, maybe not.

I think Tiger has a very good suggestion. Just stay as far out of it as you possibly can. Don't have an opinion either way. Be professional, polite and all business. If you become an active supporter of someone else, share that you think this sheriff is crooked with anybody and everybody, you're asking for trouble. If you don't give them any real reason to be upset with you, you're much safer. Even if you are terminated and are approved for unemployment benefits, that's mighty little. If you really think the sheriff will get re elected and that your job is in danger, you may want to be looking quietly for another position while you still have a job. But once again, do so diplomatically and without fanfare.

 

[davew128]

There is nepotism at one of the County Sheriffs offices in the Commonwealth? I am stunned, STUNNED to hear this.

That said, CBG I am going to disagree with you in one respect, in that IIRC there's been problems in the past with one or more county sheriffs requiring staff or using them while on duty to work towards his/her election. I think Suffolk, Worcester, and Bristol counties are among the worst in that regard.

 

[cbg]

I worded my post badly. I did not mean to imply that the sheriff should reasonably be able to expect his entire staff to take part in the campaign, but that it was not unreasonable for him to want to hear at least token lip service towards support.

 

[OHRoadwarrior]

Our Sheriff had a car accident on his street where he went off the road hitting an object. He was so upset about the accident, he ran to a close neighbors and consumed an unremembered amount of alcohol, while waiting for the police to arrive. Aside from that he seems to be a great Sheriff and has been re-elected several times since.