Congratulations, Senator . . . You're Fired!

You win election to the Mississippi state senate and for your victory, you are fired from your job (via Jackson Clarion-Ledger):

Freshman state Sen. Eric Powell learned two days after his swearing-in last week that he had been fired from his regular job.

Powell, D-Corinth, said his firing from Packaging Corporation of America in Counce, Tenn., on Thursday came as a result of his election as a state senator in Mississippi.

Lawmakers will be in session about four months this year and three months in each of the remaining three years of this term. The governor also could call them back to the Capitol for special sessions.

“I’m still in shock, but I’m also angry that after saying all these months that they would support me, they send me a letter of termination,” Powell told the Northeast Mississippi Daily Journal on Monday. “When I spoke with company vice president Mark Kowlzan, he said he didn’t see a problem, that it was great for the company.”

PCA corporate spokesman Steve Calhoun in Lake Forest, Ill., did not immediately return a call to the newspaper . . . .

“All of a sudden, with no phone call or anything, just a letter in the mail after 11 1/2 years of service,” said Powell, who is married and has three children. “That’s the kind of thanks I get for hard work and loyalty. It’s the kind of thing I came to the Senate on behalf of working people to fight.”

Uh-oh. PCA might as well pony up right now. And reading the Clarion-Ledger article, it is pretty clear Powell's termination is directly related to his election.

Now, this is not to say that if the company had taken the approach initially that legislative service was incompatible with his job they may not have had a business justification defense. But once assuring Powell that running for office was OK, it seems like this is a public policy tort of the type where we don't want citizens not to fulfill their public obligations to society for fear of being fired.

Such action may also violate state statutory law which protects political candidates from being fired and Powell is a union member, so expect a grievance to be filed as well. 

One more thought: where was PCA's labor and employment lawyer on this bone-headed decision? Even if they can win this case (assume Powell files a grievance or sues, which I assume), doesn't the cost of publicity outweigh any benefit? And besides, do you really want a state senator to be your sworn enemy?

PS