Kathleen Kennedy is stepping down

Sounds like it's corporate free speech vs. individual free speech. Not an easy case!

No, not at all. And it should be noted there's a reason they're raising a First Amendment defense. It's because they don't really have a defense under the facts of the case--they pretty flagrantly violated both statutes. In other words, their defense amounts to "Sure we broke the law, but the First Amendment entitles us to do that."
 
Not only that, but California has a statute that specifically prohibits employers from firing employees for political activity outside of work. She's suing under that statute, and for the clear disparate treatment. Having read the complaint, Carano has a very good case under California law. It's not at all a sure thing that Disney's First Amendment defense can prevail.

As for Sheen, he defamed his employer directly. That's a very, very different matter.
Exactly what Zegler did with "Snow White": directly saying, from the get-go, that the story we remembered was not to be (unwanted kiss between Snow White and the Prince, for example:rolleyes:). Carano wasn't dissing "The Mandalorian" nor the story and didn't try to politicize the franchise.
 
No, not at all. And it should be noted there's a reason they're raising a First Amendment defense. It's because they don't really have a defense under the facts of the case--they pretty flagrantly violated both statutes. In other words, their defense amounts to "Sure we broke the law, but the First Amendment entitles us to do that."
This is precisely the case as I see it. I was stunned that they would have mentioned it at all in the light that what they were doing is the absolute opposite of what they are claiming to do. In an area where the writing is so blatantly clear, they just made up a false saying and are promoting it under a banner of freedom. Companies do not have the ability to push their agenda onto their employees as slaves or captives. But the opposite is true of corporations as they are owned, they are bound by law to do the will of the stockholders. Everything Disney does to destroy their own stock value is illegal under the terms of the agreement they have with their stockholders. It is basic, basic lawschool stuff here. They are not only lying about dealing with one actor differently than the other but their case about their own free speech should get several execs fired for even claiming such power to abuse stockholder resources in pursuit of spreading their own personal beliefs. I said this EXACT thing multiple times in this thread and others that Disney's execs are using the value, monetary value, of the company to pursue personal advertising/agenda campaigns and that they explicitly are stealing/embezzling when doing so.

And here we have my confirmation where the lawyers have specifically stated that their defense was, we have the right to act like an unfettered US citizen in our speaking of our beliefs over those of our employees and do so using all the influence and potential cash value currently held within the company while being able to supress this right in our employees. A right they specifically DO NOT HAVE because the company belongs to the shareholders, not the execs.

In free speech, where two "people" disagree, they both still speak and do not have the ability to punish the other to supress that right. Companies DO NOT have this right and must do the will of those that really do OWN the company. Some contracts pertain to some speech and the actor may sign it and be partially held to it but 2 points, 1) No employee is held to this reaching all aspects of their life as it would be illegal, 2) any contract that did state this would also be illegal and void as unconscionable.

"

Unconscionability



Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it."
 
Gina Carano fans: "Actors have a right to voice their own opinions, no matter whose feathers get ruffled! They shouldn't have to worry about getting fired over it!"


Rachel Zegler: "Am I a joke to you?"
That's not the point. The point is that Gina Carano was singled out specifically because of her political views, while Disney was not firing other actors who did the exact same thing, just on the side of the political spectrum that Disney prefers.

It's discrimination, pure and simple.
 
I wouldn’t trust that article as far as I could throw it. It’s a second-hand account of a video with no corroborating information, and it reads like it was written in crayon.

That's all I could find, but the ex employee does have a channel with videos which is where the article got the quotes from. I just can't recall the channel. People have checked him out and he did work there.
 
In case anyone's wondering, yes, California is an "at-will" employment state. Yes, you can be fired in California for any (lawful) reason or no reason at all. But there are certain laws in California that bar employers from doing what Disney did to Gina Carano. Here's a nice little primer with the basics of what at-will employment means in California--and it does mention that firing employees for their political beliefs is unlawful.
 
In case anyone's wondering, yes, California is an "at-will" employment state. Yes, you can be fired in California for any (lawful) reason or no reason at all. But there are certain laws in California that bar employers from doing what Disney did to Gina Carano. Here's a nice little primer with the basics of what at-will employment means in California--and it does mention that firing employees for their political beliefs is unlawful.
Ya the at will laws just mean that they can do reduction of force at any time if they simply don't need that many people anymore. But to purposely fire someone for things that are also protected during hiring is clearly over the line.
 
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It just occurred to me that the most potentially damaging emails in Disney's possession, if they exist, would be withheld for privilege--the ones where (I assume) either in-house or outside counsel (or both) would have advised Kathleen Kennedy and/or Bob Chapek that firing Carano for her politics was actionable, but Disney decided to do it anyway. If such emails actually exist, we're very unlikely ever to know about it.
 
It just occurred to me that the most potentially damaging emails in Disney's possession, if they exist, would be withheld for privilege--the ones where (I assume) either in-house or outside counsel (or both) would have advised Kathleen Kennedy and/or Bob Chapek that firing Carano for her politics was actionable, but Disney decided to do it anyway. If such emails actually exist, we're very unlikely ever to know about it.
those yes, but you did point out that the execs then talking amongst themselves about said advice is not under client privilege
 
those yes, but you did point out that the execs then talking amongst themselves about said advice is not under client privilege
Correct, if it’s just lay employees talking to each other about non-legal matters, or even if there’s an attorney in the chain but there’s no legal advice being requested or provided, then attorney-client privilege most likely wouldn’t apply.

However, I expect that a lot of Disney’s email traffic will fall under the protective order, meaning it won’t be entered into the public record unless it’s attached to a motion as an exhibit or used as evidence at trial.
 
Im sorry but with the l3vel of stuff put on me qbout what not to put into emails at a company where lawsuits are super super rare, i cant imagine they would be stupid enough to put that stuff in emails, even to the lawyers. If they put it in non protected messages they deserve to be sued into oblivion.

Im sure someone will play the i bet they are dumb enough card, but i would be shocked if they did.

Everyone expecting juicy details better get used to disappointment. (Cue the st jokes).
 
Im sorry but with the l3vel of stuff put on me qbout what not to put into emails at a company where lawsuits are super super rare, i cant imagine they would be stupid enough to put that stuff in emails, even to the lawyers. If they put it in non protected messages they deserve to be sued into oblivion.

Im sure someone will play the i bet they are dumb enough card, but i would be shocked if they did.

Everyone expecting juicy details better get used to disappointment. (Cue the st jokes).

I read hundreds of corporate emails every day, from grunt-level all the way up to CEOs.

You'd be amazed what they put into emails...
 
The other problem Disney has is that if they want to say they have a policy about talking politics, they have many actors in their other properties that have said actual bad things. I'm talking bad, not just "I don't like their opinion" like Gina. They're still employed and some of them have been in multiple Disney shows/movies.
 
The other problem Disney has is that if they want to say they have a policy about talking politics, they have many actors in their other properties that have said actual bad things. I'm talking bad, not just "I don't like their opinion" like Gina. They're still employed and some of them have been in multiple Disney shows/movies.
Exactly, and that's one of the prongs of Carano's lawsuit--the disparate treatment. Not only were those other actors, who posted some truly awful stuff, not disciplined at all, but they were all men. So it's sort of a compound discrimination claim--her politics and her gender.
 
Yes
Ya the at will laws just mean that they can do reduction of force at any time if they simply don't need that many people anymore. But to purposely fire someone for things that are also protected during hiring is clearly over the line.
Yes, Disney made The mistake of announcing exactly why they were firing her. Usually in an at-will state, you just let someone go and you don't tell them why.
 
Im sorry but with the l3vel of stuff put on me qbout what not to put into emails at a company where lawsuits are super super rare, i cant imagine they would be stupid enough to put that stuff in emails, even to the lawyers. If they put it in non protected messages they deserve to be sued into oblivion.

Im sure someone will play the i bet they are dumb enough card, but i would be shocked if they did.

Everyone expecting juicy details better get used to disappointment. (Cue the st jokes).

They are absolutely that dumb. No question.
 
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