15 dollar an hour minimum wage hike....... oh oh..

[Shadow Wolf]

Companies discourage unions. That doesn’t mean they’re not an option. If the company did something illegal, contact the NLRB.

I had that job many years ago.
And when I say not an option, I have not worked anywhere that is unionized.

 

[Watchmen]

I had that job many years ago.
And when I say not an option, I have not worked anywhere that is unionized.

Any workforce can unionize. Just need the votes. Also, unions have lost their value as state laws have increased worker protection.

 

[Kooky]

Companies discourage unions. That doesn’t mean they’re not an option. If the company did something illegal, contact the NLRB.

How would you go about collecting irrefutable evidence in such a situation?

 

[Shadow Wolf]

Any workforce can unionize. Just need the votes. Also, unions have lost their value as state laws have increased worker protection.

I lost my job there because medical paperwork somehow was lost, making my leave for surgery not authorized. A union would have protected me. A friend had a baby lately. Her and the father work at the same place. He got more time off than she did for the birth. A union would have righted this wrong.
You say state protections, and some states like Indiana will move to protect the company before the workers.

 

[Valjean]

How would you go about collecting irrefutable evidence in such a situation?

Whistleblowers, company records, and reprisals against previously valued employees.
In the good old days management was quite open about their opposition. They'd even hire thugs, private detective agencies or off-duty police to beat up unionists, or have the governor call out the national guard. There used to be riots and shoot outs.

Nowadays such open antagonism is politically incorrect, but the calculus is the same: reduced expenses and obligations = increased profits.

No more riots, but union membership is down, and those that exist are effectively subverted by right-to-work legislation. Worker power and security is undermined by more subtle means: "independent contractor" status, part-time hours just below the benefits level, pension replacement wit 401-K programs, and the accumulation of innumerable little policy changes and regulatory tweaks -- unnoticed by the general public.

If you don't remember what you had you're not likely to notice our descent into serfdom.

 

[Watchmen]

How would you go about collecting irrefutable evidence in such a situation?

Who says “irrefutable evidence” is required to satisfy the burden of proof. Pretty sure that’s not the legal standard!

 

[Watchmen]

I lost my job there because medical paperwork somehow was lost, making my leave for surgery not authorized. A union would have protected me. A friend had a baby lately. Her and the father work at the same place. He got more time off than she did for the birth. A union would have righted this wrong.
You say state protections, and some states like Indiana will move to protect the company before the workers.

Sounds like a couple unfortunate events. I should add that there are federal laws that protect such situations as well.

 

[Shadow Wolf]

Sounds like a couple unfortunate events. I should add that there are federal laws that protect such situations as well.

I did get a nice unemployment check out of it.

 

[Watchmen]

I did get a nice unemployment check out of it.

Why not an FMLA and/or ADA action?

 

[Shadow Wolf]

Why not an FMLA and/or ADA action?

The FMLA was denied because my paperwork somehow got lost going from the hospital to a third party company who handled the medical leave paperwork, and from them to the company I worked for.

 

[Watchmen]

The FMLA was denied because my paperwork somehow got lost going from the hospital to a third party company who handled the medical leave paperwork, and from them to the company I worked for.

Doesn’t mean you didn’t have an FMLA or ADA claim. Interfering with leave rights violates the FMLA, and termination in such situations may also constitute retaliation in violation of the FMLA. Additionally, even if you didn’t qualify for FMLA for some technical reason, the company still should have engaged in a interactive process to determine whether it could provide you a reasonable accommodation for disability.

 

[Shadow Wolf]

the company still should have engaged in a interactive process to determine whether it could provide you a reasonable accommodation for disability.

I kept in open communication with them that I had carpal tunnel syndrome and was talking with a doctor to arrange surgery. They still kept me in heavy, hard areas, and kept me there still when they rotated people to easier and lighter areas, and there was no such engagement about accommodations.
It was such a crappy place to work for when I got my letter explaining what happened (which came in the mail after I got my COBRA paperwork) I was actually relieved. As it was basically a paid ticket out because it was obviously wrongful termination.
And, ultimately Indiana is an "at-will employer" state so your employer doesn't even need an actual reason to fire you. They can fire you because of what they read in their horoscope that day and it is legal for them to do so. And I do believe every place I worked for there did include a paper to sign when you first start saying you are aware of that and agree to those terms.

 

[Shadow Wolf]

One temp position I had, I was putting my shoes on just before I left home to go to work and I got a call saying not to go on that day.

 

[Shadow Wolf]

Whistleblowers, company records, and reprisals against previously valued employees.
In the good old days management was quite open about their opposition. They'd even hire thugs, private detective agencies or off-duty police to beat up unionists, or have the governor call out the national guard. There used to be riots and shoot outs.

Nowadays such open antagonism is politically incorrect, but the calculus is the same: reduced expenses and obligations = increased profits.

No more riots, but union membership is down, and those that exist are effectively subverted by right-to-work legislation. Worker power and security is undermined by more subtle means: "independent contractor" status, part-time hours just below the benefits level, pension replacement wit 401-K programs, and the accumulation of innumerable little policy changes and regulatory tweaks -- unnoticed by the general public.

If you don't remember what you had you're not likely to notice our descent into serfdom.

Independent contracting has been around for awhile, and includes many things. Not just gig stuff in the news today, but also things like baby sitting for pay is independent contracting (and they too are supposed to file taxes).
However, a still somewhat ruling (I believe it was the Supreme Court) shifted the standards and characteristics of an independent contractor from a definition that was more worker friendly (and thus less independent contracting) to something more corporate friendly (much looser definition, thus more independent contracting positions). It's things like that that are the problem, when it goes from a simple approach to a more narrow and complicated one that keeps independent contracting positions when normally it would be an employee.
Pro-wrestlers who actually make money doing it, they are a great example of a independent contractor abuse. They are signed to the WWF, but they are contractually bound to it, meaning although they are independent contractors they don't get the openness of being an IC (as we normally get to work for competition). They also don't really get healthcare, no retirement, and once they are done they basically get nothing.

 

[Watchmen]

I kept in open communication with them that I had carpal tunnel syndrome and was talking with a doctor to arrange surgery. They still kept me in heavy, hard areas, and kept me there still when they rotated people to easier and lighter areas, and there was no such engagement about accommodations.
It was such a crappy place to work for when I got my letter explaining what happened (which came in the mail after I got my COBRA paperwork) I was actually relieved. As it was basically a paid ticket out because it was obviously wrongful termination.
And, ultimately Indiana is an "at-will employer" state so your employer doesn't even need an actual reason to fire you. They can fire you because of what they read in their horoscope that day and it is legal for them to do so. And I do believe every place I worked for there did include a paper to sign when you first start saying you are aware of that and agree to those terms.

At will doesn’t mean you can be terminated for an illegal reason and it sounds like you were. The EEOC address such situations. In any event, if it was a crappy place then it sounds like it may have been for the best.

 

[Shadow Wolf]

At will doesn’t mean you can be terminated for an illegal reason and it sounds like you were. The EEOC address such situations. In any event, if it was a crappy place then it sounds like it may have been for the best.

It was for the best. That place has an employee satisfaction rate far below the national average for comparable places, and a turnover rate way over average for similar facilities. And second shift was legit crapped on (we had to work longer, do more volume, and come in to clean when first shift got a day off).
And, in Indiana, there basically is no "illegal reason." They don't even have to have a reason. It's a terrible law, and it needs to be done away with. Of course there are things like unemployment in the event of wrongful termination, but there shouldn't be such broad powers in firing people.
Indiana Termination (with Discharge) laws & HR compliance analysis

Indiana is an “employment-at-will” state. This means that an employer may generally terminate an employee at any time and for any reason, unless a law or contract provides otherwise. For example, a federal or state law, collective bargaining agreement, or individual employment contract may place limitations on an otherwise at-will relationship.

 

[Watchmen]

It was for the best. That place has an employee satisfaction rate far below the national average for comparable places, and a turnover rate way over average for similar facilities. And second shift was legit crapped on (we had to work longer, do more volume, and come in to clean when first shift got a day off).
And, in Indiana, there basically is no "illegal reason." They don't even have to have a reason. It's a terrible law, and it needs to be done away with. Of course there are things like unemployment in the event of wrongful termination, but there shouldn't be such broad powers in firing people.
Indiana Termination (with Discharge) laws & HR compliance analysis

“Unless the law ... provides otherwise.” The FMLA, Title VII, ADA, etc exist. Even in Indiana.

 

[Shadow Wolf]

“Unless the law ... provides otherwise.” The FMLA, Title VII, ADA, etc exist. Even in Indiana.

Yes. And I recieved a letter saying my FMLA was denied and I was terminated due to excessive absences. They did try to fight my unemployment, but they didn't have any ground to stand on as I had all my stuff that was sent, receipts, and all that.

 

[Watchmen]

Yes. And I recieved a letter saying my FMLA was denied and I was terminated due to excessive absences. They did try to fight my unemployment, but they didn't have any ground to stand on as I had all my stuff that was sent, receipts, and all that.

I think you’re missing my point. They WRONGFULLY denied your FMLA, which means you could have brought a civil action against them for violation of the FMLA. Also sounds like you may have had a valid ADA claim. Did you ever inquire with the EEOC?

 

[Revoltingest]

The best job security is being very useful on one's current
job, & offering the same to one's next potential employers.
To expect government to provide job security is weak.