Tuesday, December 4, 2007

Rules, We Don't Need No Stinkin' Rules

I'm not just being cynical by saying that the government makes rules that it does not bother to honor. In a recent 8th Circuit case, the Court held that a state court need not either follow federal law, nor follow its own handbook for employees.

Larry McKlintic sued his employer - the 36th District Court - because it did not honor its own Family and Medical Leave Act policy. The policy was set out in the employee handbook, but the 8th Circuit said that the state was immune from suit under the 11th Amendment, and was not obligated to follow its handbook as a contractual matter.

How does a court decide that courts do not need to follow rules that every other person in the country must follow? Were I a small business owner in the 8th Circuit area, I would have a hard time showing respect for the court system.

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