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LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by JayZeeBMT on Thu Jan 21 16:39:19 2021

An assistant conductor with the LIRR was suspended without pay as evidence mounted of him taking part in the Jan. 6 Capitol raid that left five people dead, including a police officer.

The employee is allegedly a known right-wing extremist, and the MTA says it has compiled significant evidence of his activities in Washington, at the attempted coup against members of Congress who were in session to count electoral college votes.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by pragmatist on Thu Jan 21 16:50:54 2021, in response to LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by JayZeeBMT on Thu Jan 21 16:39:19 2021.

Don't care what his political leanings are, that's his business. But if he took part in illegal activity or fraud (Like the MN fool who banged out sick) would be perfectly fine with him being fired.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 17:00:10 2021, in response to LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by JayZeeBMT on Thu Jan 21 16:39:19 2021.

"Clash Brothers United" sounds cool. That's what WWE is missing today. Cool names. Clash Brothers would be a cool name for a tag team.

If this guy was "on the steps" and isn't charged I guess his union will save him.

I wonder what this guy thinks of Brentwood(Brentwood, Central Islip, Huntington Station, N. Bay Shore)?

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 17:02:07 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 17:00:10 2021.

If there isn't substantial evidence he has committed a crime, the MTA has no business holding proceedings against him in the first place.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 17:06:55 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 17:02:07 2021.

Well, in today's political climate, things are changing.

Thinking a certain way will be cause for termination.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by JayZeeBMT on Thu Jan 21 17:22:30 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 17:02:07 2021.

I agree that just being outside the Capitol, even during an insurrection, isn't necessarily a criminal offense. However, it appears that this individual took a more active role than that of a mere bystander, and it is on this basis that the MTA took disciplinary action.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Spider-Pig on Thu Jan 21 17:40:28 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by JayZeeBMT on Thu Jan 21 17:22:30 2021.

I think being “on the steps” is enough, since I doubt the steps were open to the public that day.

There were some people who were arrested at around Union Square, which is technically part of the Capitol grounds, but that’s stretching it. You can drive through it!

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Fisk Ave Jim on Thu Jan 21 17:42:05 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 17:06:55 2021.

If, (and thats a big if) he didn't participate in the violence and his being absent off his job is legit and gets fired for just being there, hes' got good grounds for an unjust termination lawsuit with help from a union supplied lawyer.
If things go his way, he'll have a big payday. We used to call settlements like that "hitting the MTA lottery"

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by JayZeeBMT on Thu Jan 21 17:47:42 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Spider-Pig on Thu Jan 21 17:40:28 2021.

I agree, Union Square is a stretch. Unless someone arrested there had been chased to that location from inside the Capitol, those cases are gonna be flimsy.
In fact, the Capitol South Metro station puts you just outside the Rayburn Wing of the Capitol. I understand people got picked up in that area, too...

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 18:10:32 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Fisk Ave Jim on Thu Jan 21 17:42:05 2021.

and gets fired for just being there

All depends where "there" is. Being inside the Capitol is just like being inside a store while looting is going on. Being outside the Capitol is non-violent protest and shouldn't be cause for any action.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 18:13:03 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Spider-Pig on Thu Jan 21 17:40:28 2021.

On the steps might be grounds for a trespassing citation but shouldn't be grounds for dismissal any more than being a few feet out of place at a protest in NYC's Union Square.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 18:14:30 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:10:32 2021.

Depends.

Outrage is selective.

Being pro Trump is not treated the same.


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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 18:14:53 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 17:06:55 2021.

Well, in today's political climate, things are changing.

There has been no change to the law. Trespassing is still a minor crime and breaking and entering is still a much more serious one.





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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 18:15:14 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 18:14:30 2021.

More Trumpist propaganda.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by sloth on Thu Jan 21 18:38:50 2021, in response to LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by JayZeeBMT on Thu Jan 21 16:39:19 2021.

He's in violation of one, possibly two, of the Letter Rules, before taking into account whether any crime was committed or sick time was abused. That his status is "without pay"... not a good sign. Mr Foye's blunt assessment has some truth to it, as regardless which team you root for, this isn't worth putting your pension and benefits on the line. This is a young guy with very little time, and perhaps no family commitments. Kids on the empire plan is a pretty good deterrent for rioting and whatnot.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by BrooklynTrain on Thu Jan 21 18:44:41 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:15:14 2021.

It will depend on whether he was inside the Capitol or outside it. And if he called in sick, or took a vacation day.

We need a consistent standard: Remaining outside the Capitol is similar to being at a protest outside the Barclays Center or Brooklyn Museum.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 18:53:47 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by BrooklynTrain on Thu Jan 21 18:44:41 2021.

No. The punishment for being at a Trump rally will be harsh.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 18:55:44 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by BrooklynTrain on Thu Jan 21 18:44:41 2021.

Remaining outside the Capitol is similar to being at a protest outside the Barclays Center or Brooklyn Museum.

Not quite. There were police barricades making the Capitol steps off limits too. So it's some minor form of trespassing. But it's totally different from accompanying a crowd that had smashed doors to get inside the building.






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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Thu Jan 21 18:56:22 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 18:53:47 2021.

You forget that your side owns the Supreme Court.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by pragmatist on Thu Jan 21 19:04:30 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:55:44 2021.

Different jurisdictions treat things in a different manner, and there may be differing degrees or levels in the same "family" Trespass in NY can be a "violation" not a crime, or depending on the details may be a crime. I don't know exactly what the Federal law is, but I believe that the statutes involving the Capitol are pretty strict, and there are multipliers in sentencing when certain people are present. Plus, they don't have NY bail reform, you can sit in jail or post bail.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Jsun21 on Thu Jan 21 20:09:28 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:13:03 2021.

Considering the Police line was 100 yards away...

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Jsun21 on Thu Jan 21 20:14:36 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:55:44 2021.

Considering the crowd breached the baracades and this individual specifically went so Pelosi '[couldn't] just walk out to her car... after stealing the election' there's more than enough to indicate criminal intent.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 21:35:35 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:56:22 2021.

Um, lo@lm!

Stick to the topic.

This guy is in far more trouble because he was there in support of Trump. He did nothing wrong. But MTA will treat him like he did because it's socially acceptable and politically correct to do so.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by pragmatist on Thu Jan 21 22:00:26 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 21:35:35 2021.

It is premature to say he did nothing wrong. That is yet to be determined. It is entirely possible he is a criminal. It is also entirely possible he isn't.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 22:36:38 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by pragmatist on Thu Jan 21 22:00:26 2021.

He did do something wrong. He supported Trump. Many want to punish him for it.

If Leftists feel they can find a way to make Republicans unemployed or bankrupt their businesses, they'll do it. I don't think that's disputable.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Dave on Thu Jan 21 22:48:31 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 22:36:38 2021.

Geez, enough already. STFU.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by pragmatist on Thu Jan 21 22:50:32 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Dave on Thu Jan 21 22:48:31 2021.

The statement was made that he did nothing wrong. If that is proven not to be the case, and he did indeed commit a crime are you ok with him being fired, yes or no.


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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 23:05:57 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by pragmatist on Thu Jan 21 22:50:32 2021.

Many here say yes he should be fired for attending the event no matter what.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by LuchAAA on Thu Jan 21 23:11:00 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 23:05:57 2021.

I could see ANTIFA style groups finding him on the job.

Faking a complaint.

Organizing a protest on his train if LIRR lets him work again.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by BILLBKLYN on Fri Jan 22 03:20:11 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:15:14 2021.

He said the truth

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Railman718 on Fri Jan 22 09:18:00 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 23:05:57 2021.

Many here say yes he should be fired for attending the event no matter what.

LOL Yer triggered...

The man was in the building and the dummy posted it on social media..

MTA will come after his job but he wont get fired.

Unlike the other moron who booked sick he is as good as fired..



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Fri Jan 22 09:18:20 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by LuchAAA on Thu Jan 21 23:05:57 2021.

Nobody here has said he should be fired if he just attended the event. That is a fabrication on your part.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Railman718 on Fri Jan 22 09:21:05 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Railman718 on Fri Jan 22 09:18:00 2021.

*At not In...

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Fri Jan 22 09:21:07 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Dave on Thu Jan 21 22:48:31 2021.

The trouble is, there are 20% of the country who think like him. Republicans control the Supreme Court, and nothing that Joe Manchin dislikes is going to make it through Congress, and all of the close states have a strong Republican presence. And yet somehow the socialists stole the election and are taking over the country.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Railman718 on Fri Jan 22 09:25:56 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by sloth on Thu Jan 21 18:38:50 2021.

For those who Do not how things work down here...

IF TA comes after you HARD like they are with this guy they got a case...

They love to set examples, they will set one with him as well as the other moron from MN..

His political affiliation is irrelevant no matter what some folks here might think..

"Conduct unbecoming an employee" that's a offense that is grounds for dismissal.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Jsun21 on Fri Jan 22 10:56:44 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Railman718 on Fri Jan 22 09:25:56 2021.

+!

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by sloth on Fri Jan 22 13:10:46 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Railman718 on Fri Jan 22 09:25:56 2021.

Here is the relevant part of Rule E:

Employees on or off duty must conduct themselves publicly in such a manner that the company will not be subject to criticism or loss of good will. Prohibited conduct will be inclusive of... social media, television, or any other media outlet.

There is a section of Rule D that uses similar language regarding outside business interests.

There are still quite a few unknowns here, and Foye's comments suggest he knows some unknowns that we don't.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by chicagomotorman on Fri Jan 22 14:16:08 2021, in response to LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by JayZeeBMT on Thu Jan 21 16:39:19 2021.

Has he even been convicted yet?

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Train Dude on Fri Jan 22 14:40:21 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Railman718 on Fri Jan 22 09:25:56 2021.

That's a lot more inclusive and specific than the old rule.

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(1566446)

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by checkthedoorlight on Fri Jan 22 15:11:23 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 17:02:07 2021.

https://www.tiktok.com/@unfilteredconservative/video/6881897711541472518?sender_device=pc&sender_web_id=6920368858139772422&is_from_webapp=v2&is_copy_url=0

How about using his cellphone while operating on duty?

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Fri Jan 22 15:17:15 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by sloth on Fri Jan 22 13:10:46 2021.

However, that rule should not be used against anyone who only participates in a peaceful political demonstration. (Not saying what this particular guy did, because I don't know.)


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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Fri Jan 22 15:18:27 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by checkthedoorlight on Fri Jan 22 15:11:23 2021.

I thought this whole discussion was about off duty activities. Obviously, any number of on-duty activities can be gross violations of work rules without being crimes.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by checkthedoorlight on Fri Jan 22 15:26:39 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Fri Jan 22 15:18:27 2021.

His off-duty activities brought attention of his on duty activities as well. And I'm willing to bet he also didn't register his tshirt store as a second job with them either.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by MainR3664 on Fri Jan 22 15:37:32 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Thu Jan 21 18:10:32 2021.

It might depend on where the official cordon was. If he broke past a fence- even a flimsy one, he's probably in a lot of trouble.

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(1566452)

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by MainR3664 on Fri Jan 22 15:40:37 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Railman718 on Fri Jan 22 09:18:00 2021.

I'm sure they will scrutinize every photo. If they find him in the building, he's done. If he called in sick, he's done. If he's been harassing other employees, it'll depend how often and to what extent.

They might also go after him if they can show that he broke LIRR's covid rules.

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(1566453)

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by AlM on Fri Jan 22 15:59:13 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by MainR3664 on Fri Jan 22 15:37:32 2021.

If he broke past a fence- even a flimsy one, he's probably in a lot of trouble.

This is where there is a risk of a double standard.

If he broke past a flimsy fence and stood on the Capitol steps, yes that's trespassing.

But what if he'd done the same level of trespassing in a BLM protest?

The amount of trouble he is in ought to be comparable.



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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Fisk Ave Jim on Fri Jan 22 16:09:35 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Railman718 on Fri Jan 22 09:18:00 2021.

"The man was in the building and the dummy posted it on social media.."

If he was in the building, he was trespassing thus subject to arrest.

Thats where they could get him on "conduct unbecoming..." which could

get him fired.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Fisk Ave Jim on Fri Jan 22 16:18:46 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by AlM on Fri Jan 22 15:59:13 2021.

I agree, to a degree. The argument here is that no BLM protest breached the nations capitol and exposed govt officials to possible mortal danger. Thats the difference. Burning down & looting stores is one thing.
When those rioters stormed the Nation's Capital, that upped the ante considerably.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by pragmatist on Fri Jan 22 16:40:27 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Fisk Ave Jim on Fri Jan 22 16:18:46 2021.

It is only partially relevant. The Federal statute is pretty strict, and the possible penalties are likely more severe than that which would be imposed under a state statute. If you are found guilty of a crime (misdemeanor or felony) with a plea of guilty being the equivalent of a conviction after trial you are probably getting fired. Many states have a trespass as a violation or minor offense degree that is often pled down to, I don't believe that is present in the Federal statute. Many policies in organizations have been re written because of the proliferation of social media.

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Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA

Posted by Train Dude on Fri Jan 22 17:04:56 2021, in response to Re: LIRR Asst. Conductor Suspended Over Capitol Raid Role: MTA, posted by Fisk Ave Jim on Fri Jan 22 16:18:46 2021.

Excuse me but didn't they attack a federal courthouse? Didn't they try to barricade doors with cement and burn a police station with police inside? Wasn't an ICE office attacked last night? Seems you are overly charitable in the distinctions you are trying to make.

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