Jump to content
Sign in to follow this  
David_Chapman123

appeals and due process requirements in a business setting

19 posts in this topic

In a business situation in which I am the consumer, (namely, the question and answer site  "Quora"), when they allow an appeals process from adverse decisions made BY Quora moderators, in which they arbitrarily decide a certain statement or question violates Quora policies, are they required to follow due process requirements by allowing said appeals process? To rephrase,... does allowing an appeals process invoke the due process requirements of the constitution in a business setting? ***PLEASE only professional  attorneys respond***

Share this post


Link to post
Share on other sites
35 minutes ago, David_Chapman123 said:

does allowing an appeals process invoke the due process requirements of the constitution in a business setting?

 

No. The constitutional requirements for due process are limits on the power of the government (federal and state).

Share this post


Link to post
Share on other sites
35 minutes ago, David_Chapman123 said:

In a business situation in which I am the consumer, (namely, the question and answer site  "Quora"), when they allow an appeals process from adverse decisions made BY Quora moderators, in which they arbitrarily decide a certain statement or question violates Quora policies, are they required to follow due process requirements by allowing said appeals process?

 

I'm not sure what you mean when you refer to yourself as a "consumer" in the context of this particular web site.  It doesn't appear that the web site is used for buying or selling anything and, importantly, it doesn't appear that users of the site pay to use it.  I took a very quick look at the site's terms and conditions, and the word "appeal" doesn't appear anywhere in it.  Generally speaking, owners of web sites such as that one and the one we're posting on now get to moderate their sites as they see fit.  Don't like it?  Don't use it.

 

 

41 minutes ago, David_Chapman123 said:

does allowing an appeals process invoke the due process requirements of the constitution in a business setting?

 

The Due Process Clauses in the 5th and 14th Amendments to the U.S. Constitution (and similar provisions in the various state constitutions) apply only to governmental conduct and action.

 

 

42 minutes ago, David_Chapman123 said:

***PLEASE only professional  attorneys respond***

 

As opposed to amateur attorneys?

Share this post


Link to post
Share on other sites
2 hours ago, David_Chapman123 said:

In a business situation in which I am the consumer, (namely, the question and answer site  "Quora"), when they allow an appeals process from adverse decisions made BY Quora moderators, in which they arbitrarily decide a certain statement or question violates Quora policies, are they required to follow due process requirements by allowing said appeals process? To rephrase,... does allowing an appeals process invoke the due process requirements of the constitution in a business setting? ***PLEASE only professional  attorneys respond***

 

With a very limited exception, the rights found in the federal Consitution are limitations only on government, not private persons. Thus, the rights to free speech, freedom of religion, freedom of assembly, equal protection, due process, etc., are all limitations only on government action. 

 

The site you mentioned is a private business that may determine the extent to which it allows anyone to participate on its forums and the extent to which it will offer any appeal process for its decisions to remove content or ban participants. There is no provision of the Constitution, nor any federal law that mandates it provide any kind of appeal process or that regulates that appeal process. Nor, to my knowledge, does any state law do that either. 

Share this post


Link to post
Share on other sites
On 1/18/2019 at 11:37 AM, pg1067 said:

 

"I'm not sure what you mean when you refer to yourself as a "consumer" in the context of this particular web site.  It doesn't appear that the web site is used for buying or selling anything and, importantly, it doesn't appear that users of the site pay to use it.  I took a very quick look at the site's terms and conditions, and the word "appeal" doesn't appear anywhere in it.  Generally speaking, owners of web sites such as that one and the one we're posting on now get to moderate their sites as they see fit.  Don't like it?  Don't use it."

If you dont understand what a CONSUMER is in this context, you are NOT an attorney.... thus, your comments are POINTLESS! You dont have to BUY OR SELL anything to be a consumer... smfh.
Second, if you USED the site and had a question you posted deleted, you would FIND the word "appeal" right below it... why in the f*ck are you calling me a liar????

and OF COURSE, you have to end your bullshit with a smart ass comment...

 

 

 

"The Due Process Clauses in the 5th and 14th Amendments to the U.S. Constitution (and similar provisions in the various state constitutions) apply only to governmental conduct and action."

REALLY??? so the discrimination suit against the cake baker IN VIOLATION OF THE US CONSTITUTION, was about a GOVT entity?????
THIS is why I dont want NON ATTORNEY ANSWERS!!! 

 

 

 

"As opposed to amateur attorneys?"

No, as opposed to couch surfers with more time on their hands and less brains in their HEAD!!! (and my smart ass reply was EQUAL to the smart ass comment in the first place)

 

Share this post


Link to post
Share on other sites
On 1/18/2019 at 11:33 AM, MiddlePart said:

 

No. The constitutional requirements for due process are limits on the power of the government (federal and state).

so, if a business fires you  and they have an appeals process, they can just deny your appeal with NO  procedural due process in place or sense of legal fairness? Are ANY of you guys attorneys????

Share this post


Link to post
Share on other sites
1 hour ago, David_Chapman123 said:

so, if a business fires you  and they have an appeals process, they can just deny your appeal with NO  procedural due process in place or sense of legal fairness? Are ANY of you guys attorneys????

Yes and yes.

Share this post


Link to post
Share on other sites

And the baker was charged under state civil rights laws, not the  US Constitution.  Their appeal was based on the state violating their first amendment rights.  And all at least four of the five responders are attorneys. 

Share this post


Link to post
Share on other sites
7 hours ago, David_Chapman123 said:

why doesnt ANYONE read what I say? I did NOT SAY anything about freedom of speech being the MAIN issue... I said IF A BUSINESS ALLOWS APPEALS,  DOES THAT INVOKE DUE PROCESS? And there are PLENTY of examples of the constitution effecting businesses! 

 

And I answered that. I told you that the rights in the federal Constitution are rights you have only against the government, not private businesses, and that includes the right of due process. The provisions requiring due process apply only to the government. Several of us who have responded here are indeed lawyers. You seem to have some beliefs about the law that are incorrect. Instead of attacking the persons who are telling you what the law actually says you might instead want to consider learning from them and correcting the wrong notions you have about the law. 

 

As for there being plenty of examples of the Constitution affecting businesses, you're right — but all those examples involve the relationship between the business and the government. You won't find any case where a customer of a private business successfully sued the business for a violation of his/her Constitutional right of due process, or the Constitutional rights to freedom of religion, freedom of assembly, or freedom of speech either. Again, those are rights that the Constitution gives you only against the government.

 

Now, there are federal and state statutes that regulate the relationship between private businesses and their customers. But as I noted earlier, no federal law requires a private employer to offer any appeal process to a customer or regulates whatever appeal process the business does have. Nor, to my knowledge, does any state do that either. 

 

For the most part, your rights in dealing with a private business are determined by whatever contract you may have with that business. If you have a contract that gives you a right to some kind of appeal then the business must give you what the contract says you are entitled to have. But if there is no contract provision covering then the business does not have to provide that appeal.

Share this post


Link to post
Share on other sites

I will tell you straight out that I am not an attorney. I am, however, a member of Quora. Not that that means anything since anyone can be who wants to.

 

And I can tell you that with the attitude you've expressed here, if I were an attorney it would be a cold day in hell before you got a single word of an answer out of me. When you are looking for free information from volunteers the least you could offer them is courtesy. They don't owe you an answer and you would do well to remember that.

Share this post


Link to post
Share on other sites
17 hours ago, David_Chapman123 said:

so, if a business fires you  and they have an appeals process, they can just deny your appeal with NO  procedural due process in place or sense of legal fairness?

 

Let me see if I can clear this up for you.

 

1 - You got fired.

2 - Your employer has an appeal process.

3 - You appealed by explaining why you shouldn't have been fired.

4 - Your employer denied your appeal saying that you didn't convince them to rehire you.

 

Guess what, bub. You got your "due process." You got whatever the "due process" the employer said it was. That you didn't like the process or the results is unfortunate for you but it's a decision that you are stuck with and need to move on.

 

No, I'm not an attorney. But I have been an employee of someone or other for 40 years and I've been fired a few times myself. With that experience I can tell you to come down off your high dudgeon and go find another job. Nothing unconstitutional or illegal happened to you and fair is where you go on rides and eat cotton candy. You've got nowhere to go with this.

 

Understand now?

 

 

Share this post


Link to post
Share on other sites
On 1/19/2019 at 2:45 PM, David_Chapman123 said:

REALLY??? so the discrimination suit against the cake baker IN VIOLATION OF THE US CONSTITUTION, was about a GOVT entity?????

 

Yes, it was about a government entity. In the case of the Colorado baker, the Colorado Civil Rights Division, (CCRD) a Colorado state agency, took enforcement action against the baker because the baker allegedly violated Colorado state law in refusing to bake a wedding cake for a gay couple. The baker then appealed the decision of the CCRD claiming that the CCRD violated the baker's Constitutional rights, a case that eventually was decided by the U.S. Supreme Court. So you see, the case was all about the government's alleged violation of the baker's constitutional rights, not about whether the baker had any constitutional obligation to serve the gay couple. Indeed, there was constitutional obligation on the part of the baker; the obligation to not discriminate against gay couples was imposed by Colorado statute, not the federal Constitution. 

 

The lawyers responding here do know the law, and if you were willing to step back and realize that perhaps you don't know the law better than lawyers do you might learn something. 😁

Share this post


Link to post
Share on other sites
51 minutes ago, david chapman2 said:

I DO have a degree in law

 

Must have gotten it along with the decoder ring by sending in cereal box tops or you wouldn't have to come to a place like this spouting ridiculous comments about due process.

 

 

Share this post


Link to post
Share on other sites

 and NO, at least THREE of them are NOT lawyers.... they even SAID so..

 

Just to clarify, when I posted the first time, four of the five responders were attorneys, others have posted since.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×