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Nah, laws are basically suggestions and inapplicable up the executive branch for the past 20ish years.
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Jun 20, 2018 18:03
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Just funny to think that the republicans will be forced to either enforce the law that their people (the post civil war dixiecrats) pushed to pass so they could start up the jim crow era against Trump or they'll have to just ignore it like they do everything else.
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Jun 20, 2018 18:30
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In America, can you write a hiring contract that the terms, that it can be changed at any times, without notice to whoever signs it?
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Jun 20, 2018 18:32
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That’s called at will employment.
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Jun 20, 2018 18:40
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Turtlicious posted:In America, can you write a hiring contract that the terms, that it can be changed at any times, without notice to whoever signs it? Yeah. Can’t change anything retroactively, but generally speaking employment contracts can be changed prospectively without advance notice. They, of course, still have to at least tell you what the change is when it’s implemented, but in a number of states it is perfectly legal for your boss to say “starting now you make $3/hr less” and as long as that doesn’t drop you below minimum wage. Your only recourse is suing your employer. Even still, it’s just a contract dispute and the way states approach it ranges from “gently caress you” to “we might hold your employer to the contract wage.” Edit: also as to my PC question earlier, they’ll just be using excess military facilities and ICE/HHS will be administering everything. No military bodies will go towards detention other than standard gate guards and such. That clears up any PC problems.
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Jun 20, 2018 18:54
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euphronius posted:That’s called at will employment. I thought this was a joke at first but it's correct and no further analysis is needed.
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Jun 20, 2018 18:56
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jesus that's depressing.
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Jun 20, 2018 18:58
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Mr. Nice! posted:I haven’t seen the specific details of the EO (no one has) but I saw something that said they were going to use the military to house entire migrant families instead of separating them. I wouldn't want to be the judge that gets that case.
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Jun 20, 2018 19:04
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Turtlicious posted:jesus that's depressing. Note that if you actually have an employment contract, the analysis changes. If they put in a clause that says may be altered by employer in anyway at anytime for any reason without notice, then it's probably not actually a contract and at will.employment would govern.
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Jun 20, 2018 19:15
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Yeah I mean it’s just “this is what we will pay you until we change our mind” document
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Jun 20, 2018 19:21
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euphronius posted:Yeah I mean it’s just “this is what we will pay you until we change our mind” document I have a contract with a supplier to provide me with office supplies at an agreed-upon rate But I also included the words "other duties as assigned" so now he's basically my slave
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Jun 20, 2018 19:24
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Mr. Nice! posted:Yeah. Can’t change anything retroactively, but generally speaking employment contracts can be changed prospectively without advance notice. They, of course, still have to at least tell you what the change is when it’s im Depends on the state. In several states continued employment is not sufficient consideration to support an invention assignment or confidentiality agreement.
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Jun 20, 2018 19:32
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so like legally, what's the best state for worker's rights?
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Jun 20, 2018 19:33
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Devor posted:I have a contract with a supplier to provide me with office supplies at an agreed-upon rate Supplier contract is governed under UCC and there’s robust protections for both buyers and sellers in there because we care about businesses as a country and don’t give a gently caress about labor.
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Jun 20, 2018 19:33
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Turtlicious posted:so like legally, what's the best state for worker's rights? Depends on your specific preferences, but California or New York would be good choices all around.
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Jun 20, 2018 19:34
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ulmont posted:Depends on the state. In several states continued employment is not sufficient consideration to support an invention assignment or confidentiality agreement. That’s why i said it ranges state by state from “gently caress you” to “maybe we’ll enforce the contract.”
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Jun 20, 2018 19:35
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Mr. Nice! posted:Supplier contract is governed under UCC and there’s robust protections for both buyers and sellers in there because we care about businesses as a country and don’t give a gently caress about labor. What if I'm located in Louisiana? Does it matter if I'm speaking French, or just dressed up like Napoleon?
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Jun 20, 2018 19:36
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We’re being real loose with the use of “contract” here.
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Jun 20, 2018 19:37
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I think in louisiana your employer can legally harvest your organs if you die while on the clock.
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Jun 20, 2018 19:38
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If you have an employment contract it’s enforceable. Enforceability is tied into the definition of contract. You may have a document with employment terms on it. Not a contact.
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Jun 20, 2018 19:39
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Javid posted:I think in louisiana your employer can legally harvest your organs if you die while on the clock. I think you'll find that the Napoleonic code made no reference to organs, so technically they're going to be harvesting the "humors vitrieuse" aka ghosts that live in your blood
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Jun 20, 2018 19:39
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Wait so the piece of paper you sign when you get hired isn't always a contract?
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Jun 20, 2018 19:40
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Turtlicious posted:Wait so the piece of paper you sign when you get hired isn't a contract? It depends !!!
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Jun 20, 2018 19:41
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Turtlicious posted:Wait so the piece of paper you sign when you get hired isn't always a contract? Probably you acknowledging that it explicitly isn't a contract and you and your employer both acknowledge you're in an at-will-employment situation And that you have received a copy of the employee handbook so they can refuse your unemployment claim later
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Jun 20, 2018 19:42
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wait why do they have to give you a handbook? e: Is this too many questions?
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Jun 20, 2018 19:42
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The handbook is good hr generally but hey also need to to deny your unemployment benefits when they fire you for violating some policy
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Jun 20, 2018 19:45
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Turtlicious posted:wait why do they have to give you a handbook? To show, e.g. that they have a policy against being drunk at work So that when you show up drunk, they fire you and don't have to pay unemployment And to show that they have a policy about not allowing sexual harrassment, and how to report it, so that when they get sued over it they can point at the handbook and say you didn't report it to the right person Other stuff to protect the company's interest
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Jun 20, 2018 19:45
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right but even if they don't give you a handbook you can't just walk in drunk and high and stuff right?
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Jun 20, 2018 19:48
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Turtlicious posted:right but even if they don't give you a handbook you can't just walk in drunk and high and stuff right? You can sure. Lots of people do with no problems. But if they fire you you can probably get unemployment easier. It would be harder to deny .
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Jun 20, 2018 19:49
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Am I going to need a labor law attorney to get my unemployment because I quit? I feel like I quit due to undue hardship. I gave my employer a text and verbal request for my paystubs in January, and he's refused to give them to me so I quit. I feel like I'm gonna need an attorney to file a complaint with the department of labor. e: and how do you pay that attorney? I just quit my job.
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Jun 20, 2018 19:54
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You pay an attorney with money Although the model ethics code allows in kind barters for legal services
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Jun 20, 2018 19:55
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The handbook might say stuff like, "only use the conveyor belt after all warning lights have been turned on for 10 seconds." so that if someone gets their arm chopped off and sues the company, the company can say, "our policies are safe, and he only got his arm chopped off because he didn't follow company policy, therefore not our fault." The handbook might say, "if you come into work unclean and smelling like a dumpster, we can fire you." so that if you get fired later, they have something to relate back to the firing decision so they can tell the Labor Department, "yeah, we're not paying for his unemployment because we fired him for a specific reason, therefore he doesn't qualify for unemployment." The handbook might say, "don't make Iced Tea with the same pot you used to make coffee because then the tea will taste funky." so that the iced tea won't taste funky. The handbook might say, "We can fire you at any time for any reason." because its true. All of these things can be in the same handbook. An "Employment Contract" will generally include several of these things, that won't otherwise be in a handbook: - A clause that says the employee can only be fired "for cause" - An initial length of time for the employment - An amount of money the employer will give the employee if he is fired, without cause. blarzgh fucked around with this message at 20:02 on Jun 20, 2018 |
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Jun 20, 2018 19:56
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Generally, applying for unemployment makes you say why you were terminated/left, which means you get an opportunity to state the reasons you should be entitled to unemployment. There is also usually an appeal process if you are denied unemployment, initially. It doesn't hurt for you to research the process as best you can, and also to do a free consult with a labor/employment law attorney before deciding how to proceed.
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Jun 20, 2018 20:00
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Thanks. That's kind of what I was expecting, i filled out some forms on some websites so hopefully someone will get back to me.
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Jun 20, 2018 20:02
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Turtlicious posted:right but even if they don't give you a handbook you can't just walk in drunk and high and stuff right? If you job is covered by osha or other work place laws, probably can’t show up drunk/high. If it’s a government or federal job, probably can’t show up drunk/high, this may be against the law If you work in a private office doing whatever, probably not against the law, might be accepted to a certain degree (like as a lawyer)
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Jun 20, 2018 20:03
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Were you not paid at all, or were you paid but via a wad of cash with no accounting for hours or something? (WRT the "asking for paystubs" comment)
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Jun 20, 2018 20:04
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I got a woman unemployment when she was fired for being drunk on the job by showing that her boss was also drunk all the time and gave her drinks .
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Jun 20, 2018 20:04
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Javid posted:Were you not paid at all, or were you paid but via a wad of cash with no accounting for hours or something? (WRT the "asking for paystubs" comment) wads of cash, and company checks.
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Jun 20, 2018 20:05
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I just checked my google voice voicemail, I filed a form last night, and I have already received 5 calls from different attorneys about my case. I might have a good one then?
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Jun 20, 2018 20:08
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Turtlicious posted:I just checked my google voice voicemail, I filed a form last night, and I have already received 5 calls from different attorneys about my case. I might have a good one then? Attorneys that do that kind of work have automatic systems to call back anyone who submits a request. You won't know the value of your claim until you have a consult. Pick one thats free and go.
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Jun 20, 2018 20:21
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