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Why Weinstein didn't get "due process" before being fired


Because the board already knew he was guilty! They'd made so many payments to victims of sexual harassment and (alleged) physical assaults, they'd already put it in writing that he had to pay future claims out of his own pocket. So they knew he was guilty of a tiring offense, but they didn't actually fire him until bad publicity made him a liability. I suspect the same was true in other cases where someone lost their job the moment accusations went viral; that was probably why Matt Lauer and others went so fast.

I say this because every time this subject comes up, some jerk always starts going on about the (alleged) harasser's right to due process, while never realizing that the victims are the ones with the greatest claim to, you know, due process.

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Ditto,

Allegations from multiple women with the same pattern of behavior and audio evidence that supports that behavior. Not to mention, why would all these women just pick a random guy in Hollywood and make allegations against him just because? That is unless he has perpetrated multiple criminal offences over the past 25 years and gotten away with it scot free because of his position of power. The same action should be taken against Brett Ratner and James Toback, but I get the impression those two fat little swine pieces of sh*t will make a come back in a few years after all this has died down a bit, unfortunately.

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Due process standards only apply to the government having the power to throw someone in jail. Boards have a duty to act in the best interests of the corporation which gives them the right to distance it from a scandal.

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Actually, most companies require some sort of official process before someone can be fired, or fired for certain things. Of course if you do something really stupid like physically attack a co-worker you'll be escorted off the premisis by security then and there, but if you're just crap at your job your supervisor will spend weeks or months documenting your ineptitude and telling you how you need to improve before HR will allow her to officially fire you.

So yes, there is a "due process" involved with being fired from a job, and idiots like Weinstein and Lauer spent YEARS doing awful things and expecting their employers to hush it all up, and not caring how much documentation was being made. It was foolish hubris on their parts, they assumed they could get away with anything and get away with if forever, but they were gone the minute they became liabilities. The firings were easy when the time came, because those arrogant fools had already laid in the groundwork for the ousters.

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Yes, but “Due Process” is a constutitional right that protects citizens against government actions (not private entity actions) to infringe on fundamental rights, such as freedom and equality. Weinstein’s employment was contractual, and that contract stipulated, as most commonly do, that he could be fired “at will”. Companies outline the terms and conditions for termination in their employee contracts which Weinstein must have signed. Haven’t you see the scenario where the employee is given a box and escorted out of the building in 30 minutes? No due process there and all legal under contract law. Employees can file a civil case for wrongful termination but it is up to them to prove it, not the company. Due Process means the government has the burden of proving “probable cause” to make an arrest and facts “beyond a reasonable doubt” to imprison someone.

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That's a nitpick and you know it.

I'm not the one who brought up the "due process" issue, I'm actually quoting all the idiots who defended Weinstein or who were uncomfortable with the whole trial-by-media thing. Since he was not charged with any crime when I wrote this obviously "due process" didn't apply in the true legal sense, of course, they were complaining that he got fired from his job without any sort of apparent review or a chance to defend himself. Obviously, those people hadn't been paying attention to the case.

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🙄 Nope not a nitpick. Sick of people screaming about civil rights being violated when they are not. They had the right to fire him to save the company’s rep, or else Miramax would be facing the mother of all boycotts.

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And before you mention it, none of the people I was speaking to understand that being fired for being a rapist who abuses company funds is not a "civil rights" issue either. They don't understand the meaning of that term any more than "due process".

But obviously, nobody who would defend Harvey Weinstein understands much of anything.

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Also assault victims have a hard time coming out due to feelings of shame and wanting to get on with their lives. Other reasons Weinstein didn't get due process cause there are dozens around him complicit with his actions and many more who are simply unable to do it prove anything.

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Due process is done on Facebook and Twitter these days. Companies respond to mob outcries and react very quickly. I think Harvey is a real piece of shit and deserved it, but many people have lost their jobs instantly because of online recreational outrage without any confirmation.

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Hard to keep secrets nowadays due to the internet. People are getting axed due to online comments.

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That's something that might work in his favor when he sue's everybody.

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