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Old 08-28-2008   #6 (permalink)
Episcopus
Marksman
 
Join Date: Apr 2008
Location: Northwest Indiana
Posts: 477
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Quote:
Originally Posted by Paul View Post
If its a company vehicle, then the company can do what they want. If it was his car, that is when it gets a little grey. You could argue both ways...
Agreed. I think that there is at least a wrongful termination argument to be made if it is in your car. You could argue that it isn't really on their property, as it is securely in your own private property. One of the appeals courts just ruled that you can't be charged with public intoxication if you are in a car. They said you aren't in public, you are in a car, and that is private. Seems like you could extend that logic to say that you are in your own private space when the tires are on public space, you would still be in your own private space when they are on someone else's space.
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the enshrinement of constitutional rights necessarily takes certain policy choices off the table.
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