The rust city of Dayton, Ohio is in the news again. I've talked about the Greater Dayton Regional Transit Authority and their fight against the nearby suburb of Beavercreek, Ohio. The suburb refuses bus access to the area businesses because of fears of urban violence. The conservative government constantly refuses access to the area. This will continue as an ongoing story.
Today this story is about a woman being fired for her political views. It's been picked up by the political blogs and today I will talk about it!
This lawsuit from a woman has generated buzz. She is suing her employer after she was terminated for supporting President Barack Obama.
Patricia Kunkle is suing her former employer Q-mark, a military defense contractor. The lawsuit alleges she was fired for voting for President Obama, a charge the company denies.
The Dayton Daily News and Associated Press reports that Kunkle’s lawsuit claims Gentile threatened employees with termination last year if President Obama was re-elected and that Obama supporters would be the first to be terminated if he were re-elected. Kunkle’s suit said her voting preferences came up in conversation the day after the election and that she was fired Nov. 9 for what the suit claims Gentile said was in the “best interest of the company.”
“Whether you’re a Democrat or a Republican, taking it to the extreme of impairing somebody’s career because they disagree with your political choices is just wrong,” said Kunkle’s attorney, Karen Dunlevey.
“We’re hoping that the court will recognize that and adopt a public policy exception for her.”
Gentile’s attorney, Brian Wildermuth, disputed the lawsuit’s premise.
“Ms. Kunkle was laid off for economic reasons – nothing more,” Wildermuth wrote as part of a prepared response to the Dayton Daily News. ” I am sure you and your readers are familiar with the ongoing uncertainties regarding defense spending, and thus the economic environment confronting defense contractors. The allegation that Q-Mark discharged Ms. Kunkle because of her vote is simply false.”
Wildermuth said Kunkle’s position was not filled.
The suit claims Kunkle started as a temporary worker with the small company in April 2012 and became full-time in May 2012. It also says she performed her duties “efficiently and effectively,” never received any disciplinary action or negative performance evaluations. The suit also said Kunkle was paid $12 per hour, was not paid overtime for hours she worked in excess of 40 hours and is not exempt from OT pay requirements under the Fair Labor Standards Act.
The suit also said Gentile engaged Q-Mark employees in conversations aimed at discovering employees’ political affiliations and repeatedly disparaged Obama supporters.
Dunlevey said she typically represents employers in employment litigation but made an exception for this case, which pits at-will employment against Ohio Revised Code 3599, which guards against employers’ intimidation, coercion and retaliation involving elections.
“This case, if they find in our favor, will be making new law,” Dunlevey said. “But there is what’s called wrongful termination/violation of public policy in employment law cases.”
University of Dayton School of Law professor Richard Saphire said that if the plaintiff can successfully argue that she wasn’t fired due to economic reasons that there is a question involving Ohio limiting the scope of the at-will employment doctrine.
“It’s just a question of if you have a statute that affects, or to some extent, modifies, an employment relationship and what does the statute say and does the statute apply in this situation and can she claim the protection of the statute,” Saphire said. “She either can or she can’t. The court’s going to interpret the statute in light of what it sees as the relevant facts in this case and decide one way or the other.”
Defense attorneys have until mid-March to respond to the case that was randomly assigned to Judge Dennis Langer.
Since it's picked up on The Drudge Report, Mediaite, The Huffington Post and Raw Story it's become viral.
Here's some of the most nastiest online comments from The Columbus Dispatch. It was a link from The Drudge Report.
This is the audience of Rush Limbaugh, Glenn Beck, Ann Coulter, Sean Hannity, Michelle Malkin, Bill O'Reilly, Matt Drudge, Michael Savage and Fox News. This is the Republican Party today!
This is why Republicans are doomed for political failure!
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NICK SAND (NICK11766)
Obamanomics in action, yet another violation of our rights. The gov't constantly violates our rights. They violate the 1st Amendment by caging protesters and banning books like "America Deceived II". They violate the 4th and 5th Amendment by allowing TSA to grope you. They violate the entire Constitution by starting undeclared wars. Impeach Obama. Last link of "America Deceived II" before it is completely banned: http://www.amazon.com/America-Deceived-II-Possession-interrogation/dp/1450257437
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NOTA SHEEPLE (NOTASHEEPLE)
Any obama voter has a mental disorder. Incompetence, Insanity or Intoxication are common grounds for termination. Many Obamites are definitely insane, many are intoxicated with near messianic worship issues. AND incompetence, well people who think getting something for nothing is incompetence in my book..
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RANDY BROWN (RANDJA)
good, i wish i had , had the pleasure
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THEO LAFORTUN (THEO)
As an employer myself, I did the exact same thing this employer did, the single mom and latino (who both admitted they voted for him) was laid off. The tax increase forced the layoff but the persons first to be chopped were these two. We cant fight the government but its now our turn for payback. I hope every American employer does the exact same thing over the next 12 months. Send a signal to both politicians and the mindless idiots who vote for this scum
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JUSTIN IGGER (NIGSTOMPER)
Fuck on all the stinkynigs and liberals that voted for fucktard. Everyone who voted for that feral monkeyshine terd should be fired from their job since those same voters are voting this country and economy into ruin. Hows that dopey changey thing working for you? 85%+ of people who reside in the former USA are poorer than when this terd unseated the former White House. Chinas military is gaining on ours, We no longer can send astronauts to space,gays are marching,they are working on taking our guns from us,unemployment is 20%. My what a fine upstanding, noble, salt O the earth terd you are all mesmorized with.
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MILES HESSION (MMILESLL)
No, she was fired for being stupid.
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AVERAGE REDNECK (REDNECK)
I just read some comments below about people getting fired for being an Obama supporter. Thank You for doing so. I need and want to work so with the Obama folks out of my office, it will allow me to earn a paycheck. Keep up the good work with getting those who don't support businesses out of the way for those who do want to earn what we get.
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ANGEL BROM (ANGELCJASPER)
We elect or vote out our officials based on party, but we can't fire someone for the same reason from a company?
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JAY VEE (JAYVEE777)
The business owner has no right firing obama voters because she didn't build it. At least that's what BroBama said. Bitch Pig POTUS!!!
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CHARLES DAY (MACMAN33)
what does change do for you now,let this clown of a president hire you.
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LISA MARTIN (LISA2012)
Sorry but the gay Nigger you voted for don't care so quit crying...
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CARLEY ROWLING (CARLEYROW)
She got what she voted for! After she loses her lawsuit I hope that her former employer goes after her for legal expenses so that she becomes an indentured servant to them for life.
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MIKKI DEAN (MIKKIDEAN)
Now she can use that Obama phone "full time."
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MIKKI DEAN (MIKKIDEAN)
She can community organize with her new Obama phone while on endless unemployment.
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EQU ALIZER (EQUALIZER123)
I own my company which does a lot of work for the Navy and the defense industry. It is not a large business and only have a handful of people who work for me. But, I have openly stated that Obama voters need not apply. You see in MY business, I need people who are intelligent, can clearly think about the consequences of any actions they take under my watch and do the work of the Armed Services sworn to protect this great nation. Obama voters prove to ME that by their choice in him that they have chosen a destructive path, a path that does NOT support the defense of our nation and cannot foster growth, but in fact promotes weakness in the face of growing threats worldwide. Further, Obama voters to ME lack the ability to differentiate what is FACTUAL data and what is NOT FACTUAL but PROVIDED AS FACT by the news media. In my business, only the most discerning people will be selected to work for me because we work on many projects of a very specialized nature that REQUIRE people who quite frankly are intelligent and can see long term consequences of actions. By their very nature Obama people indicate they are taken MORE by a "cult of personality" and in fact do NOT choose to examine facts but to remain proudly impervious to them. These people are a tremendous risk because they pose the greatest threat of being 'bought' by those seeking to undermine the country or to steal corporate secrets. Why? Because these people were 'bought' by the Obama campaign. They chose him without QUESTIONING his background, or asking him for proof of his claims. I cant have someone like this working for me...
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RAY SEXAUER (RAYSEXAUER)
And rightfully do. Personally anyone that voted for Obama should be hung, shot, or deported.
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R CARDER (OBAMATHEZOMBIEKING)
Kudos to the business owner... I hope many more follow! Why supporter an an imbecile who decided to vote for another imbecile who has made it his mission to hit the already suffering business owners more and more!! ...That's like getting held up from a robber with an empty gun and you handing him the bullets!!
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STEVE RICE (STEVOMV)
That being the case, she got me fired because she voted for Obama. Sounds like a good lawsuit. See you in court lady.
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BOB SMITH (CMHCOW)
Wow. Look at all these Internet tough guys. I am a liberal, Obama supporter, business owner, job creator and patriot. The things that many of you people are saying because I disagree with you. Sad.
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RAYMOND COLLIER (RAYMOND59)
@T H (TIMH), The "Burden of Proof" is going to be on Patricia Kunkle that she was fired because of her Vote on November 6, 2012. If Q-Mark Inc. can prove to a Jury that they "let go" other Employees that voted for Mitt Romney, that lawsuit will be over before it even gets started! Also, she waits till now to file a Lawsuit? Why wait 3 months. If it had been me, I would've found an Attorney & filed it the next day. Also, 800,000 employees at the U.S. Department of Defense are losing their Jobs because of the Sequester! "Welcome To Reality!"
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BARRY LEVY (BARRY1817)
actions have consequences and an at will employment means I can fire any one for any reason. But no fear, obozo and his stash will take care of her, like so many on tape told us that they wouldn't have to worry about mortgage, or gas for their cars because obozo was going to pay for all that out of his stash. You vote for it you get the results of your vote. live with it.
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NORBERT VERNON (NORBERTVERNON)
Entirely appropriate that she was fired for voting for Obama. (1) Obama's election leads directly to economic destruction and people losing employment (2) Anyone voting for Obama is voting for economic destruction and the loss of employment (3) Anyone who didn't vote for Obama attempted to save the economic future and save jobs for themselves and others At my firm, I see no reason to employ anyone who is actively attempting to destroy my firm and remove decent people's jobs. So I have undertaken sufficient research and fired a sizable number of people who support Obama. It's legal, and it only makes sense. I've advised many friends to do the same (quite a few of them have). I'll never knowingly hire anyone who voted for Obama, I'll continue to fire anyone I learn supports/supported Obama, and I'll continue to do my very best to avoid business contacts/contracts with any entity whose people support/supported Obama. It will be wonderful to see this spread.
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OSAMAS PAJAMAS (OSAMAS_PAJAMAS)
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OSAMAS PAJAMAS (OSAMAS_PAJAMAS)
Ho hum. If you vote for an America-hating skunk like OhBummer who is busily destroying this economy, you can expect to suffer the consequences of the OhBummer policies which you voted for. The man is a first-class liar --- and you asked for it.
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OSAMAS PAJAMAS (OSAMAS_PAJAMAS)
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OSAMAS PAJAMAS (OSAMAS_PAJAMAS)
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ROBERT JOHNSON (PATRIOT1776)
Great job by the employer. If I found out that one of my employees voted for Obama, I'd terminate them on the spot. Obama's policies are ruining the country and anybody who voted for the maggot has a sickening disregard for common sense. Liberalism is the one mental disorder I know of which deserves absolutely no sympathy or pity. Treason is a crime punishable by death, and as cowardly traitors, all liberals should be held accountable and face the ultimate punishment.
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DAVID NANCE (HAMMERTIME1)
There are several employers locally that walked around the Employee Parking Lot and found Obama bumper stickers, the owners were the first to be let go. We won't hire an obvious Obama supporter no - not by skin color but by the pious attitude that "I" as the Employer owe them something for their services and I do - a paycheck no more no less. With loyal length of service comes the Bennies.
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FRANK JOHNSON (DISAPTVET)
What business owner wouldn't fire self proclaimed idiots? I wouldn't want any working for me.
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JOHN REAVES (TEACHER26)
TEACHER26 Completely agree with her getting fired, if for no other reason than her being too stupid to realize the ultimate consequence to this nation of her blind adoration of the Liar-in-Chief whose legacy is to destroy this great nation. Let her live unemployed in the nation of Ovomit, if for no other reason than to 'enjoy' the fruits of his promise as a welfare recipient. As a Black American patriot and 20 year veteran (who never voted for that half&half imposter - not even the first time), I and my friends could care less about his place in history as the 1st Black president. For any White person to vote for Ovomit, after the clear racial bias that he wrote(?) in his book about his White grandmother, would be like a Black man voting for a KKK candidate. People who use 'color' as a reason to vote for ANYONE is stupid (of any color)- especially for one who revealed (during his 1st campaign) his destructive plans for this country, should be denied employment for any job. Should that Nigger succeed, we are all in jeopardy of our freedom. Forget 'color'. We need to unite and resist as American patriots, or we will surely lose those freedoms to a clear and present enemy.
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JOHN BERRY (BERRYKAT)
My wife and son were hounded daily for not disclosing who they voted for until they were fired from Seimens corp. Her car was vandalized. She was surrounded by crowds shouting obama, obama! Could not get a lawyer to take the case because she was a republican and EEOC said it was just a case of their word against the management. The management was sympathetic with their claims but couldn't enforce any discipline among the immigrant work force.
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JEFF LEPORE (HONGKONGBUCK)
Bummer Ohio is an "at will" state, meaning an employer can fire you because they don't like the color of your tie, part in your hair, cologne, etc. Everyone also knows that at work, we don't talk about religion, or politics (you never know who you may offend).
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RTHOMP THOM (RICKTHOM)
We fired every single lib who voted for obama by March of 2009. And you know what... Nobody really noticed until it happened but they were all the most useless workers we had in the company. Habitually tardy, lazy, insurance abusers... all of them had one problem or another. Now we screen employees well before hiring and rarely is anyone hired without a recommendation from a current employee. Not one lib works for our company, good riddance to all of them and we make sure that the people who voted for this Marxist take no money from our organization.
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E PLURIBUS CHAOS (E_PLURIBUS_CHAOS)
Actions has consequences. My parents taught me to never... repeat, never discuss politics in, at, or with work. The burden of proof has to be presented by the jilted obama cult worshiper and she'll have to provide documentation that the had a policy of this action. The company can easily say that her actions contributed to a hostile work environment and that she was released to protect other workers.
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THOMAS STRATFORD (TOMMYSOAP)
If she is an "at will" employee too bad so sad, her employer can fire her for her political affiliations as well as the way she does her nails.
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PUDDIN TAME (PUDDINTAME)
Economic retaliation is only the beginnings of what Obama voters deserve. Shockingly, some people that call themselves 'Christians' voted for him, even though he embraces baby murder and gay marriage .
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CONNIE MCMURRAY (CONNIE1952)
She was fired for being a zombie. Zombies do whatever their television tells them to do. Sooner or later that television is going to tell them to eat the rest of us. Zombies are very dangerous. They should be fired.
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ROBERT LAUREL (ROBERTLAUREL)
Court room: Att for Co. Miss at any time did your employer ask you who you voted for? Lady filing law suit. We no not really. Att for co: Yes or No, I restate the question. At any time did your employer ask you who you voted for? Lady filing law suit. No they did not. Att for co: Your honor, I would like to have case dismissed. It's going to be simple to prove she is just looking for a pay out. It's going to be real simple.
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KING FISH (KINGFISH)
As this woman and hundreds of thousands, if not millions of people are quickly learning, is that elections have consequences. If you voted for Obama and even if you didn't, your jobs are in jeopardy. Good luck on the bread lines you fools, you got taken in once again by the 'empty suit.'
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STEPHEN GOREY (VOLITANS)
Fired? Maybe she should have been lobotomized to avoid such sociopathic behavior in the future.
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GARY CHENEY (CHAINDOG)
I am sure her vote did have something with her getting fired, it demonstrates bad judgement and tendency toward lying and stealing.
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MARLIN SPEAR (MARLINS)
Uh, I'm a uber right-winger, but I have to say...The Columbus Dispatch website is the first one I've seen that shows what I assume to be Republicans, to be so filled with vitriol towards the President. Leave that "needs to be shot" junk to the psycho left, people! Show some class, and some respect for the office, if not the man. I don't much like him myself, and believe the election was probably fixed, but there's not much we can do about that now except try to correct election laws to reduce fraud, and GET RID OF ALL OF THIS VOTE-BY-MAIL NONSENSE. Save your energy for fighting the amnesty bill that McCain and the rest of the RINOs are trying to sneak through in the next few months (they say, out loud, "long enough before the next election that it won't hurt us"). Save your energy for holding our elected Republicans accountable for DIALING BACK THE OUT OF CONTROL FEDERAL SPENDING. And save your energy for supporting our GREAT GOVERNOR JOHN KASICH.
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THOMAS COLLINS (TCOLLINS)
this company publicy ploclaimed their intentions, then did them, in doing so they broke our laws, and they should pay for that.
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KENNNEDY JAYNE (KENNNEDY)
Q-Mark isn't the only company that did this.
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TTT TTTGGG (TERRORTLD)
One CAN be fired for political views--politics are not one of the "protected" civil rights for which one cannot be fired (disability, skin colour, religion, etc). Additionally, OH is a hire-at-will/fire-at-will state. This gal is going to lose big time.
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COLE OLIVE (BEACHNBAMA)
She worked for a Defense Contractor and she voted for Obama.... I cannot think of any better reason to get fired. When she placed her vote she essentially fired herself, her boss just made it happen faster for her.
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CONSTITUTION FIRST (CONSTITUTIONFIRST)
If my business was adversely affected by some political hack, and you are stupid enough to advertise your support on your bumper... let Darwin take his course. Try and prove it in court.
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JOHN SMITH (ILLIGITIMICARBORUNDUM)
Worse than working with a liberal is being married to one. This time around I married a conservative woman. OMG! What a difference! She is an intelligent partner not a ridiculous parasite.
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JACOB SMITH (JACOB79)
It's odd how so many posters on this forum are absolutely 100% certain that they are right and all Obama supporters are insane delusional fools. When I'm engaged in an argument in person and I'm outnumbered, I at least give pause and think for a moment about my conclusions and everyone else's. What kind of person goes on these kinds of vitriolic rampages when they know that their own candidate lost? It defies comprehension. It's almost like, frankly, you folks are stubborn children.
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TEX TAYLOR (TEX_TAYLOR)
Good. Fire them all. But don't end it there. Counter this twit with the nastiest, most lethal ambulance chaser you can find. Sue her for libel and harassment. Take all of her possessions too. She deserves to be on the street.
