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Does Gina Carano have a case vs Disney?

Posted on 4/15/24 at 6:28 pm
Posted by The Hispanic Titanic
Phoenix, Arizona
Member since Sep 2022
204 posts
Posted on 4/15/24 at 6:28 pm
LINK

quote:

California Labor Code sections 1101 and 1102 prohibit employers from attempting to control or direct the political activities or affiliations of their employees, and prohibit employers from discharging or taking other adverse action against employees for their political activities. 


quote:

Under California Labor Code sections 1101 and 1102, an employer cannot make, adopt, or enforce any rule or policy that forbids or prevents employees from engaging or participating in politics. Nor can an employer coerce or influence employees through a threat of termination to adopt, follow or refrain from adopting or following any particular course or line of political action or political activity.


Based on this it looks like it does. I only ask because I'm in the middle of a debate on Facebook. Yeah I know....Facebook...

And I know there are some attorneys here.
This post was edited on 4/15/24 at 6:33 pm
Posted by dkreller
Laffy
Member since Jan 2009
30400 posts
Posted on 4/15/24 at 6:36 pm to
Maybe Disney has some behavioral guidelines as conditions of employment that are agreed upon during the hiring process.
Posted by dkreller
Laffy
Member since Jan 2009
30400 posts
Posted on 4/15/24 at 6:41 pm to
quote:

Carano’s lawsuit is being funded by Elon Musk, the owner of X/Twitter, as well as the CEO of Tesla Motors and SpaceX.

Now this is spicy!
Posted by Free888
Member since Oct 2019
1647 posts
Posted on 4/15/24 at 6:43 pm to
Disney’s problem is that Carano is claiming gender discrimination as well. Pedro Pascal made political statements that were arguably worse, and Disney didn’t do a thing.
This post was edited on 4/15/24 at 6:44 pm
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/15/24 at 6:44 pm to
quote:

Does Gina Carano have a case vs Disney?
IMO, there is no question that she can plead a case to that effect, in good faith and in complete compliance with applicable rules.

Whether she can PROVE that case at trial is a fact question that we really cannot answer at this time.
Posted by wareagle7298
Birmingham
Member since Dec 2013
1492 posts
Posted on 4/15/24 at 6:46 pm to
My hunch is that it will get settled out of court, and she will be very wealthy the rest of her days.
Posted by Free888
Member since Oct 2019
1647 posts
Posted on 4/15/24 at 6:47 pm to
I think Carano doesn’t want to settle, she wants this to go to trial so they can go through discovery.
Posted by teke184
Zachary, LA
Member since Jan 2007
96544 posts
Posted on 4/15/24 at 6:50 pm to
California will make an exception because Gina Carano was engaged in “wrongthink” per them.
Posted by Boomdaddy65201
BoCoMo
Member since Mar 2020
2631 posts
Posted on 4/15/24 at 7:03 pm to
quote:

And I know there are some attorneys here.


SFP, not being one.

Legum Magister Cracker Jackus is only licensed in your finer Banana Republics. Wait, Disneyland & California.

frick it fire away…I’m positive your OP will be irresistible…like a fly to shite.
Posted by Nosevens
Member since Apr 2019
10499 posts
Posted on 4/15/24 at 7:08 pm to
How would those guidelines supersede laws ?
Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
27734 posts
Posted on 4/15/24 at 7:11 pm to
I'd like to know if she had any contractual agreement for a third season, or if it was assumed or just discussed. I suspect that is what Disney will argue. They didn't fire her for her political speech because she never had a contract for a third season. She was just assuming she'd be back.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99316 posts
Posted on 4/15/24 at 7:14 pm to
quote:

Maybe Disney has some behavioral guidelines as conditions of employment that are agreed upon during the hiring process.


You cannot contract contrary to public policy.

A state's laws are statements of its public policy.

Could you agree the law of another state applies to your employment contract? Maybe, but whether that selection would hold up is an open question.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45872 posts
Posted on 4/15/24 at 7:21 pm to
Tucker Carlson's podcast yesterday with Gina Carano was unbelievable. I could feel the pain she felt when she had her career as an actress peaking, opening up a world of opportunity for her, and Disney suddenly ripped her career away from her and slandered her, blackballing her throughout the film industry.

This is an amazing journey through her hurt, and she pours her heart out about the situation and the opportunity for justice through Elon Musk. Well worth listening to. You will fall in love with her as a person.
Posted by SouthEasternKaiju
SouthEast... you figure it out
Member since Aug 2021
25514 posts
Posted on 4/15/24 at 7:26 pm to
quote:

I think Elon doesn’t want to settle, he wants this to go to trial so they can go through discovery.


For him, this is personal. Telling Bob to go F himself, twice, wasn't mere theatrics.


And what Disney did to Gina goes well beyond mere dismissal of an employee.


Posted by Neutral Underground
Member since Mar 2024
162 posts
Posted on 4/15/24 at 7:29 pm to
Because Elon hates Disney. They tried hurting Twitter/X by getting multiple businesses to stop advertising on the platform.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45872 posts
Posted on 4/15/24 at 7:42 pm to
quote:

I'd like to know if she had any contractual agreement for a third season, or if it was assumed or just discussed. I suspect that is what Disney will argue. They didn't fire her for her political speech because she never had a contract for a third season. She was just assuming she'd be back.
The suit will go beyond that to the defamation by Disney. Elon is out for blood.
Posted by wareagle7298
Birmingham
Member since Dec 2013
1492 posts
Posted on 4/15/24 at 7:42 pm to
quote:

They didn't fire her for her political speech because she never had a contract for a third season. She was just assuming she'd be back.


Kathleen Kennedy got up on stage in 2020 and said Gina Carano would have her own TV show "Rangers of the New Republic", which was going to be a spin off of the Mando show. I know things can get technical in Hollywood, and maybe there wasn't a contract signed, so who knows.
Posted by Feelthebarn
Lower Alabama
Member since Nov 2012
2452 posts
Posted on 4/15/24 at 7:43 pm to
She fine
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/15/24 at 7:44 pm to
quote:

I'd like to know if she had any contractual agreement for a third season, or if it was assumed or just discussed. I suspect that is what Disney will argue. They didn't fire her for her political speech because she never had a contract for a third season. She was just assuming she'd be back.
quote:

The suit will go beyond that to the defamation by Disney. Elon is out for blood.

I haven't followed this case much. What "defamation?"

Here is the Complaint. I see three causes of action for statutory employment law violations, but no cause of action for "defamation."
This post was edited on 4/15/24 at 8:00 pm
Posted by Barstools
Atlanta
Member since Jan 2016
9494 posts
Posted on 4/15/24 at 7:51 pm to
Then the contract would be void because it's in contradiction with the law.
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