• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Continually asking as good as ordering, appeals court finds

by on
in Firing,Human Resources,Leaders & Managers,Performance Reviews

The 7th U.S. District Court of Appeals upheld damages for a towboat captain fired after he refused to push a load he considered unsafe.

The dispute arose over a “six-long” program that upped the load for lower-river vessels on the Mississippi from 40 barges to 48. The captain responded in writing that he considered the load unsafe. His reviews steadily fell, and he was finally demoted and fired. His employer, American River Transport Company, argued his firing was part of a business reduction and that the six-long program was entirely voluntary—that it never ordered the captain to participate.

But the courts held that repeatedly asking him to push the extra barges was basically the same as ordering him to. The captain based his case on a law protecting seamen from being fired for refusing unsafe assignments.
The decision shows the hazard of using performance reviews to “punish” employees for non-performance issues.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2931/continually-asking-as-good-as-ordering-appeals-court-finds "

Leave a Comment