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Employer vs. Employee rights

post #1 of 18
Thread Starter 
Being married to a small business owner, I am very much aware of the overwhelming costs and hassles of running a business. But here in California, the laws have been changed to benefit businesses, and, IMO, employees have lost rights that I think are basic.
For instance, there is no longer a warning perior OR a need for a reason for termination. And employees no longer get severance pay. In other words, I can fire someone without warning, without stating a reason and with no more pay that what they had earned up to that point. Of course, that benefits the employer immensely, but shouldn't workers have more security than this??
Other business owners argue with me saying that this makes it easier to stay in business and that alone will keep more jobs secure for employees. Seeing what they pay their workers, and seeing the nice lifestyles that they maintain for their own families, I doubt that it's their employees that they're thinking about
post #2 of 18
I agree they should try and help the employees, but I do understand that the business has to make money too. When I (along with 120 other people) were laid off last month, I was given 1 week pay and I knew about it at least 90 days before hand.

The only person who offered me help was my boss (who since has left the company as well, under good terms). He could have offered me nothing and just a letter of recommendation. But he knows what I can do and is willing to try and keep me with him in some degree, so we are doing a small business together. But it is tough.
post #3 of 18
NC is a "right to work" state, so unless you have a written contract of employment, you can be terminated without reason or notice at any time. Since people here should know that going in, it's something you deal with at the time you are hired.
post #4 of 18
Quote:
Originally Posted by neetanddave View Post
NC is a "right to work" state, so unless you have a written contract of employment, you can be terminated without reason or notice at any time. Since people here should know that going in, it's something you deal with at the time you are hired.
That's how Colorado is as well. But being a "right to work" state, it also means that employees can leave their employers with no notice as well.

I don't know the new laws of California, but you do have to be paid any earned vacation time as well as time worked when terminated. If the employer terminates, they must give you a check at the time of termination. If the employee quits (with or without notice) they will be paid at the time of the next scheduled payday.

The only exception are being fired because of discrimination - that's a no-no . Granted, that's pretty hard to prove, but it can and has been done.
post #5 of 18
VA is the same way You can be terminated without reason and you can quit without reason. It kind of sucks really
post #6 of 18
Huh...is the "right to work" a new term for "at will"? I'm more familiar with "at-will" which is the same concept: if you're an at-will employee you can be fired for any reason at anytime.

HOWEVER in this day and age you, as a business, also need to keep your documentation in order. This is usually accomplished through a Company Policy. Such as 3 write-ups and your fired. This is set up by the company's lawyers so that the employee can not come back and sue for wrongful termination.

I remember one company I worked for if the person didn't show up for 3 days straight it was an automatic termination...however with the amount of paperwork the managers had to file it really took a month to officially terminate the employee.

It does benefit the business since if they deem you a good employee w/o reason to terminate then your job does stay secure and they remain productive. I'm not sure how it would benefit the business the other way around (by that's due to lack of knowledge on my end).
post #7 of 18
Nevada is a "Right to work" state also.
post #8 of 18
the way i see it,
if they can fire me at any time, then i have the right to walk at any time with out notice.
post #9 of 18
honestly i wish it was enforced a lot more. there are people that should've been fired months ago that are still working. i quit many jobs because the people who deserve to get fired are still there and im sick of picking up the slack. if i call to say im going to be late because the bus broke down i get written up but the person next to me who was a no call, no show for a week straight is getting a raise.
post #10 of 18
Quote:
Originally Posted by catsknowme View Post
there is no longer a warning perior OR a need for a reason for termination. And employees no longer get severance pay. In other words, I can fire someone without warning, without stating a reason and with no more pay that what they had earned up to that point.
Does the employee have the right to quit with "equal" notice as above? Or are they still required to give 2 to 4 weeks notice before leaving?
post #11 of 18
Quote:
Originally Posted by Brandi View Post
VA is the same way You can be terminated without reason and you can quit without reason. It kind of sucks really
I disagree. Having worked a horrible job prior to the one I am in now I quit my last job with out notice. That was the first time in my life I'd ever done something like that. Being able to leave a job with out having a law saying I have to give two weeks was really nice.

Being that Ohio is a right to work state an employee really has to do their homework before working for a company. Some will fire people for no reason. Others will keep people on and attempt to get them into a position that is a good fit for them. (If possible)
post #12 of 18
Arizona is a "right to work" state, too. Last month, I was called into the HR office at 2:15 and by 2:30 I was out the door.

Employers DO have to pay a terminated employee, within three working days. I can't find anything about paying out vacation time but, I have filed a wage claim, with the State Industrial Commission, for the 13 days that I had accrued. When I e-mailed my former supe about it, I was informed that the company doesn't pay out vacation time, for terminated employees. Since I was never provided with this policy IN WRITING, I'm fighting for it.
post #13 of 18
I have never heard of a law that says an employee is REQUIRED and MUST give a specified time period of notice before quitting a job. Is that true is some states? I have always gave, at least two weeks notice though.
It is never good to burn bridges.
post #14 of 18
Nebraska is a right to work State also. I think that it is awful because I am a employee of a company that takes full advantage of this and treats their people horrible.
post #15 of 18
Quote:
Originally Posted by ckblv View Post
I have never heard of a law that says an employee is REQUIRED and MUST give a specified time period of notice before quitting a job. Is that true is some states? I have always gave, at least two weeks notice though.
It is never good to burn bridges.
I haven't either...usually in right-to-work states its part of the company policy. If your company has this in the employee handbook with a statement that has your signature acknowledging you have read and understand the employee handbook, and you quit on the spot, then you're waiving your rights for using that company as a positive reference.

Personally I really think its a retarded policy. After 2 days of putting in your notice, you're not given anything new, and the employers never hire in time for you to train the new person. You spend the remaining 8 business days surfing the net or not doing a lot.
post #16 of 18
Texas is also an At Will State. Luna is correct about the need for correct documentation.
And the Family Leave Act is a pain also. Too many people misunderstand it and try to claim it in situations that aren't covered or don't think they shuld have to use up their vacation/sick leave before using it. It doesn't pay you like a disability plan would and it doesn't guarantee you the same job again (including pay) - it just guarantees you a job.
post #17 of 18
Quote:
Originally Posted by lunasmom View Post
I haven't either...usually in right-to-work states its part of the company policy. If your company has this in the employee handbook with a statement that has your signature acknowledging you have read and understand the employee handbook, and you quit on the spot, then you're waiving your rights for using that company as a positive reference.

Personally I really think its a retarded policy. After 2 days of putting in your notice, you're not given anything new, and the employers never hire in time for you to train the new person. You spend the remaining 8 business days surfing the net or not doing a lot.
I have heard of some places not allowing their people back when they put in two weeks, something like you are done with them, so they are done with you. They don't think you will work as hard or worry about their information, lots of reasons I am sure. It seems like job security is a joke or something I heard about in the past, maybe that was in other countries, it seems like such a novel concept and was before my time.

It does seem stupid IMO that a company can fire an employee within minutes anytime they want to yet when an employee is done with that same company, they have to put in two weeks or more, for at the very least for their resume/references to look decent.
post #18 of 18
Quote:
Originally Posted by ckblv View Post
It is never good to burn bridges.
This is true. It really is a small world sometimes.
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