Working in America: How much do you know about your rights?
@zoey7879 (3092)
Quincy, Illinois
August 25, 2009 6:41pm CST
Did you know that....
*Discrimination only applies if you're part of a protected group: race, gender, religion, age (if you're over 40), pregnancy status (in some states), sexuality, and disability. If they're discriminating against you in some other way, chances are it's going to be tough nuggets in court
*At Will Employment - In most states this guarantees you the right to quit a job, if you want, without having to provide any type of notice. This also means that (with the exception of a few states) that the employer can also fire you for any reason that they wish at any time they wish... They can fire you for not wearing makeup. They can fire you because they hate blue eyed people.
*There's no law that prohibits an employer for firing you from your after work assocations - meaning if they send a memo stating that you will be fired if you are found to have spoken to Mrs. X, they can fire you.
*You can be fired for taking a day off of work for medical appointments, even if you come back with a note.
*Many states don't have regulations in regards to breaks, lunch breaks, or smoke breaks. Meaning that if you aren't a smoker and you're caught out with the smoker's on a smoke break, the employer CAN reprimand you.
*Most states don't have laws in regards the maximum amount of days in a row that an employee can be scheduled.
*If you call into work ill and even if you return with a doctor's note, your employer can specifically ask why you were being treated and that's legit.
*An employer can also tell your personal work records and history, including your address and phone number to anyone - that's legal as well.
With all that knowledge, it really gives the saying "Don't cross the boss" a new meaning. Does anyone else find it frightening to realize that the legalities primarily protect only groups and corporations? :/
3 responses
@CJscott (4187)
• Portage La Prairie, Manitoba
26 Aug 09
We face similar problems, though with time constraints in Canada. I don't know how you check, but I currently live in Manitoba. So I got to http://www.gov.mb.ca/employmentstandards. When I lived in Alberta it was http://www.gov.ab.ca/employmentstandards or maybe it is /labour. Hard to say, just keep out the subdomain and find it from the main page.
I would imagine that you would have a similar state government page in the US? It is our responsibility as employees, and job seekers to be aware of our rights. Never taught us that in school though, now did they....
@zoey7879 (3092)
• Quincy, Illinois
26 Aug 09
I've always believed that the classroom was one of the worst places to learn, especially when it comes to "common sense". Where I live, years ago the school required a class called "Living skills" - the only thing they taught us was "proper study technique". That's okay I guess if you want to be a career student, ha! I think that basic federal labor laws/rights, as well as laws/basics regarding savings, checking and credit cards. I mean hell, we spend hours upon hours teaching kids how to drive so that they can get their driver's licenses... I guess that their logic is that they can kill OTHER people with cars too, not just ruin their own lives.. ha.
@zoey7879 (3092)
• Quincy, Illinois
28 Aug 09
I hate having to send my kid to the schools here... But the only private ones are, of course, religiously affiliated, and I'm not in good enough health to home school her. I might not feel the same living somewhere else, but I'm stuck here for the time being.
1 person likes this
@CJscott (4187)
• Portage La Prairie, Manitoba
28 Aug 09
I am considering making suggestions on critical thinking and active listening courses to the school boards and local politicitions. Probably even interview the teachers.
@speakeasy (4171)
• United States
27 Aug 09
Did you also know that most small businesses are EXEMPT from these ruels/laws unless they have more than a specific number of employees (exact number varies based on which law/regulation and whether it is a state or federal rule) OR they have a government contract.
So, is a small company has no government contract - none of these affect the company in the first place.
What I love though; is when a member of a "protected group" tries to claim discrimination when the real problem is they just aren't doing their job in the first place. When a person is fired it is usually because they aren't doing their job or they repeatedly are late to work or just don't show up.
My company and my husban's company gives the workers an attendance bonus for showing up every day on time. Less then half the employees at either company regularly gets their attendance bonuses. Even then, both companies gives them SIX absences or lates within a 6 month period; but, this is still the leading cause of people being fired by my company and the number let go for this from my husband's company is pretty high too! All these people have to do is show up to work on time and they can't even do that!
@speakeasy (4171)
• United States
28 Aug 09
My husband's job is physically demanding, the working conditions are poor, and the pay is about average for our area; but, they do have excellent benefits. Because of the first two items, his company has a lot of employee turn over and they expect it - that is why the benefits are so good.
My job is not physically demanding, working conditions are average, pay is about average for our area, and we also have excellent benefits. We even have benefits his company does not have. But, we still have a high employee turnover rate! Part of this is because people will not show up for work consistantly; a few are fired for other reasons; but, many just quit. We have even had people that were hired that quit after the first day or never even showed up for the first day! We are one of the few companies that is still hiring on a steady basis in our area. Some people just don't WANT to actually work even when the work is easy to do.
@ellaprice76 (196)
• United States
28 Aug 09
You are correct with much of what you wrote however what you left out is that all needs to be disclosed to the employee before taking the job. An employer can't fire you because you don't wear make up one day unless it is disclosed in the employment papers which you receive prior to taking the job or on your first day off the job. If you are fired because you didn't wear make up one day and it wasn't disclosed you will get unemployment and if you can provide documentation that it wasn't disclosed hence you didn't sign it you can go to the EEOC.
For the person who keeps getting passed over for a promotion he can request clear documentation why the other person is more qualified, if this can't be provided again it will be a nice case for the EEOC. However one needs to keep in mind if you push when it comes to your rights it will turn to an unpleasant work place but I know way to many cases in which employers had to pay a lot of money because they didn't treat their employees right.
@zoey7879 (3092)
• Quincy, Illinois
28 Aug 09
In an At Will state, they *can* fire you because you don't wear makeup, the same with the more qualified promotion and pay issue - unless that state has some stipulations to the At Will laws and rulings.. Many don't. I was fired for taking a day off that I was approved for taking off by my supervisor. I was fired from another job, I was told, because I don't smile much (which I don't because I have bad teeth)... and more. All perfectly legal. One place I worked actually forced the employees to participate in illegal hiring practices, which was reported to EEOC. Three years later, it's still like nothing was ever said or done. Go figure.
