4 ms·

The problem with employment in America is, in most states, the employee has NO protection. Employer can fire for no reason at all, on a whim, so complaining is

The problem with employment in America is, in most states, the employee has NO protection. Employer can fire for no reason at all, on a whim, so complaining is dangerous. The only realistic protection is to line up a new job before making waves, but if you go to all that trouble, it's easier to simply take the new job. Obviously, those in software have it a bit better than most. It pays well enough to have a decent cushion and finding a new job isn't as difficult. In my little niche in the World, I could have a new job before I got home. Please consider most people aren't in that position.

black_13 5y ago
GartzenDeHaes 5y ago
This is not true, employers cannot fire employees without cause. The US has somewhat strong labor laws, but people are not educated about them and employers often ignore them. You'd be surprised how fast most HR departments will settle if you get a lawyer. GET A LAWYER.
- krustymeathead 5y ago
  At-will employment varies by state, so CapitalistCartr's comment above is true in many states[1]. For example, in Georgia, your employment can be terminated for no reason at all at any time (as long as it is not for a protected reason, i.e. firing because of the employee's race, religion or sexuality). edit: changed Florida to Georgia because Florida specifically appears to have at least some exceptions to this[2]. In Georgia it seems even if your employer is doing something illegal and you report it, they can legally fire you in retaliation. [1] https://en.wikipedia.org/wiki/At-will_employment#By_state https://en.wikipedia.org/wiki/At-will_employment#By_state [2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0448/Sections/0448.102.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ...
  - GartzenDeHaes 5y ago
    At-will are executives, not employees. If you're at-will and not an executive, get a lawyer -- that's not legal.
    - monocasa 5y ago
      There are a handful of states where non competes only apply to executives, but at-will is typically applicable across the board.
    - GartzenDeHaes 5y ago
      Looks like I'm wrong on this one.
- monocasa 5y ago
  You can be fired without cause in all at-will states, with very few exceptions.
  - voxic11 5y ago
    If you are fired without cause you continue to get paid via unemployment insurance. At least in every state I have been too.
    - monocasa 5y ago
      At max $855/wk pre tax.
      - CapitalistCartr 5y ago
        $275 per week in Florida. Completely useless. And we're not the lowest.
- kuyan 5y ago
  From https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx https://www.ncsl.org/research/labor-and-employment/at-will-e... > Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will. > At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Also, retaining a lawyer is prohibitively expensive for much of the workforce (even with free consultations, and excluding public options like filing complaints with labor bodies)
- noasaservice 5y ago
  "Insubordination" is the key word you need to look at.
rcstank 5y ago
Is it really a problem? I don't understand this mindset. If a person offers value to a company (and vice versa), there's a mutual benefit. Why should either party be forced or coerced to stay in business with one another? Employees may just as much leave on a whim as they could be fired or laid off. There are bad people all over the world. The best option is for this employee to start looking ASAP. Once they have a solid job lined up, they could then submit their resignation. In the letter, write a detailed response as to why they're leaving. Jobs are not hard to come by right now. Outside of tech, there are places hiring left and right. It's a madhouse, and not only minimum wage things people criticize. There are some great paying jobs out there in the trades. People are needed badly. > Please consider most people aren't in that position. Many people could (and should) plan, but choose not to. It's wise for anyone to set aside an emergency fund. The concept isn't hard, but the discipline is, whatever the cause may be.

black_13 5y ago

GartzenDeHaes 5y ago

This is not true, employers cannot fire employees without cause. The US has somewhat strong labor laws, but people are not educated about them and employers often ignore them. You'd be surprised how fast most HR departments will settle if you get a lawyer. GET A LAWYER.

krustymeathead 5y ago
At-will employment varies by state, so CapitalistCartr's comment above is true in many states[1]. For example, in Georgia, your employment can be terminated for no reason at all at any time (as long as it is not for a protected reason, i.e. firing because of the employee's race, religion or sexuality). edit: changed Florida to Georgia because Florida specifically appears to have at least some exceptions to this[2]. In Georgia it seems even if your employer is doing something illegal and you report it, they can legally fire you in retaliation. [1] https://en.wikipedia.org/wiki/At-will_employment#By_state https://en.wikipedia.org/wiki/At-will_employment#By_state [2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0448/Sections/0448.102.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Displ...
- GartzenDeHaes 5y ago
  At-will are executives, not employees. If you're at-will and not an executive, get a lawyer -- that's not legal.
  - monocasa 5y ago
    There are a handful of states where non competes only apply to executives, but at-will is typically applicable across the board.
  - GartzenDeHaes 5y ago
    Looks like I'm wrong on this one.
monocasa 5y ago
You can be fired without cause in all at-will states, with very few exceptions.
- voxic11 5y ago
  If you are fired without cause you continue to get paid via unemployment insurance. At least in every state I have been too.
  - monocasa 5y ago
    At max $855/wk pre tax.
    - CapitalistCartr 5y ago
      $275 per week in Florida. Completely useless. And we're not the lowest.
kuyan 5y ago
From https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx https://www.ncsl.org/research/labor-and-employment/at-will-e... > Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will. > At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Also, retaining a lawyer is prohibitively expensive for much of the workforce (even with free consultations, and excluding public options like filing complaints with labor bodies)
noasaservice 5y ago
"Insubordination" is the key word you need to look at.

rcstank 5y ago

Is it really a problem? I don't understand this mindset. If a person offers value to a company (and vice versa), there's a mutual benefit. Why should either party be forced or coerced to stay in business with one another? Employees may just as much leave on a whim as they could be fired or laid off. There are bad people all over the world. The best option is for this employee to start looking ASAP. Once they have a solid job lined up, they could then submit their resignation. In the letter, write a detailed response as to why they're leaving. Jobs are not hard to come by right now. Outside of tech, there are places hiring left and right. It's a madhouse, and not only minimum wage things people criticize. There are some great paying jobs out there in the trades. People are needed badly. > Please consider most people aren't in that position. Many people could (and should) plan, but choose not to. It's wise for anyone to set aside an emergency fund. The concept isn't hard, but the discipline is, whatever the cause may be.