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View Diary: Who gave employers these rights? (37 comments)

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  •  Most people work without contracts (5+ / 0-)

    in "at will" states.  A contract offers you more protections than "at will" status does.  But in any event, in an "at will" hire, a new or old hire can be fired for any reason or no reason, unless prohibited by law or by union contract or by personnel policy.  

    "Out of Many, One Nation." This is the great promise of the United States of America -9.75 -6.87

    by Uncle Moji on Wed Nov 21, 2012 at 12:47:13 PM PST

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    •  Actually, it's still a contract (4+ / 0-)
      Recommended by:
      tikkun, cynndara, FG, Chi

      You agree to do job X and they pay you salary Y.

      Contract.

      It's a shitty, one-sided contract for the most part. And one they're free to cancel at any time without explaining why.

      Unless you're in a union. Then you've got a shot.

      Otherwise...no.

      The power of accurate observation is commonly called cynicism by those who have not got it -- GB Shaw

      by kmiddle on Wed Nov 21, 2012 at 02:01:30 PM PST

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      •  Nope, not a contract under the law (5+ / 0-)
        Recommended by:
        wbr, ladybug53, tikkun, Dirtandiron, Chi

        Not enforceable as a contract unless the employer treats it like a contract.  A contract is a legally binding agreement, an "at will" hire, is not.

        Unions are the only protections most people have, and most folks oppose unions.  It's bizarre.

        "Out of Many, One Nation." This is the great promise of the United States of America -9.75 -6.87

        by Uncle Moji on Wed Nov 21, 2012 at 02:20:59 PM PST

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        •  A contract (2+ / 0-)
          Recommended by:
          Dirtandiron, Chi

          in the sense that you have an absolute right to the agreed compensation for all hours worked.  If they fail to pay you, not only can you quit (and in "at will" you also have the right to quit on a heartbeat) but you can sue the employer for every last dime they owe you.

          •  That's not a contract that's Government (1+ / 0-)
            Recommended by:
            Dirtandiron

            at its best - Fair Labor Standards Act 1937, it requires you to be paid for the hours you've worked, and allows the DOL to fine the employer for failing to do so.  

            You don't need to hire a lawyer to sue as a civil case, you can just drop a dime on the employer with the regional DOL office and let them investigate the employer.  No employer enjoys getting a phone call from a DOL investigator, because it is the START of an unfair employer's nightmare.  Where' there's a violation of FLSA there's probably OSHA violations and other issues as well.

            "Out of Many, One Nation." This is the great promise of the United States of America -9.75 -6.87

            by Uncle Moji on Thu Nov 22, 2012 at 01:23:55 PM PST

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