View Poll Results: should employers have the freedom to hire/fire for any reason

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  • yes

    75 52.45%
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Thread: Should employers have the freedom to hire/fire for any reason they wish[W:126]

  1. #451
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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by pinqy View Post
    Three. There are only three where employees give a minimal contribution.
    Well there I learned something. So if that is the case, then yes, those employees should be able to collect whatever they paid in. I doubt that would be enough to help them out much though.
    "I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it." --Benjamin Franklin 1776

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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by AlbqOwl View Post
    Really? Could you name one of them?

    There are a very few limited instances in which some states do require an out-of-state employee who is eligible for unemployment insurance in a state, but whose employer is not contributing to that state's unemployment fund, will be required to kick in his/her portion of that. But that is a really rare anomaly and is mostly in effect as a safeguard against people unethically accessing a state unemployment fund.
    From Comparison of State Unemployment Laws Chapter 2, Financing
    EMPLOYEE TAXES—Only Alaska, New Jersey, and Pennsylvania levy UI taxes on workers. The tax base is that applicable to employers except in Pennsylvania, where employee contributions are calculated on total gross covered wages paid for employment. Worker taxes are deducted by the employer from the worker’s pay and forwarded with the employer’s taxes to the state agency. In Alaska, the tax rate is equal to 27 percent of the average benefit cost rate, but not less than 0.5% or more than 1.0%. In New Jersey, the tax rate is 0.3825 percent effective July 1, 2004 and thereafter. Depending on the adequacy of the fund balance in a given year, Pennsylvania employees pay contributions ranging from 0.0 percent to 0.08 percent of total gross covered wages earned in employment.
    Therefore, since the world has still/Much good, but much less good than ill,
    And while the sun and moon endure/Luck's a chance, but trouble's sure,
    I'd face it as a wise man would,/And train for ill and not for good.

  3. #453
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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by AlbqOwl View Post
    Really? We have returned to a slave state in which people are forced into servitude against their will? Certainly if a person has agreed to certain terms of employment and expectations, he/she can forfeit bonuses, sick pay, and other benefits if he/she quits without fulfilling those terms; i.e. give proper notice etc. But I am unaware of any business that can force a person to stay on the job if that person chooses not to be there. So educate me on that please.
    Employment Jurisprudence has 2 doctrines; Employer's DUTY to employee's and Employee's DUTY to employer's.

    One is an employee can NOT quit when a common law DUTY is breached and subjects the employer to injury/harm.

    Question; would you sue your employer for any action in the workplace if the law permitted it?

  4. #454
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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by lawboy View Post
    Employment Jurisprudence has 2 doctrines; Employer's DUTY to employee's and Employee's DUTY to employer's.

    One is an employee can NOT quit when a common law DUTY is breached and subjects the employer to injury/harm.

    Question; would you sue your employer for any action in the workplace if the law permitted it?
    Other than exercising reasonable concern for the health and safety of the employees, the employer's duty to employees should be what is agreed between the employer and employee. Nothing more. Nothing less. Other than exercising reasonable respect for the property and well being of the employer and coworkers, the employee's duty to the employer should be what is agreed between the employer and employee. Nothing more. Nothing less.

    Whether I would choose to sue an employer would be based on what breach there was in the agreement between me and that employer and what damages I sustained.
    "I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it." --Benjamin Franklin 1776

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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by AlbqOwl View Post
    Other than exercising reasonable concern for the health and safety of the employees, the employer's duty to employees should be what is agreed between the employer and employee. Nothing more. Nothing less. Other than exercising reasonable respect for the property and well being of the employer and coworkers, the employee's duty to the employer should be what is agreed between the employer and employee. Nothing more. Nothing less.
    Thankfully, that is not how the system works, so it would be fruitless for me to give examples, as you would disagree with them.

    Whether I would choose to sue an employer would be based on what breach there was in the agreement between me and that employer and what damages I sustained.
    Personal agreements or what the codified/common LAW allows?

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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by lawboy View Post
    Employment Jurisprudence has 2 doctrines; Employer's DUTY to employee's and Employee's DUTY to employer's.

    One is an employee can NOT quit when a common law DUTY is breached and subjects the employer to injury/harm.
    Could you give an example of this? The only things I could think of would be if an employee abandoned a duty that would affect safety or health at the time of quitting (during a work shift). Including such extreme and rare instances as applying to a general statement about being able to quit at any time for any reason and claiming that invalidates the whole concept is nit-picking.
    Therefore, since the world has still/Much good, but much less good than ill,
    And while the sun and moon endure/Luck's a chance, but trouble's sure,
    I'd face it as a wise man would,/And train for ill and not for good.

  7. #457
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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by pinqy View Post
    Could you give an example of this? The only things I could think of would be if an employee abandoned a duty that would affect safety or health at the time of quitting (during a work shift). Including such extreme and rare instances as applying to a general statement about being able to quit at any time for any reason and claiming that invalidates the whole concept is nit-picking.
    You just gave one and another is, say a person is working in a store alone, and decides to quit, he just walks out and leaves the building unsecure and open to pilferage, there are other prime examples, and none of these have to do with a personal agreement as Owl suggests.

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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by lawboy View Post
    You just gave one and another is, say a person is working in a store alone, and decides to quit, he just walks out and leaves the building unsecure and open to pilferage, there are other prime examples, and none of these have to do with a personal agreement as Owl suggests.
    Going back, you said "An employee can not quit for ANY reason" And yet my example and yours weren't about reason, but about timing. Certainly AlbqOwl would agree that under some circumstances an employee cannot quit at that particular time (at least not without being liable for damages), but you didn't support your calim that an employee couldn't quit for any reason.
    Therefore, since the world has still/Much good, but much less good than ill,
    And while the sun and moon endure/Luck's a chance, but trouble's sure,
    I'd face it as a wise man would,/And train for ill and not for good.

  9. #459
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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by pinqy View Post
    Going back, you said "An employee can not quit for ANY reason" And yet my example and yours weren't about reason, but about timing. Certainly AlbqOwl would agree that under some circumstances an employee cannot quit at that particular time (at least not without being liable for damages), but you didn't support your calim that an employee couldn't quit for any reason.
    That does not make sense ANY reason includes TIMING.

  10. #460
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    Re: Should employers have the freedom to hire/fire for any reason they wish[W:126]

    Quote Originally Posted by lawboy View Post
    That does not make sense ANY reason includes TIMING.
    No it doesn't. A reason is the WHY someone quites. Timing is WHEN.

    I don't think that anyone would argue that quitting due to being asked to do something illegal is unjustified. It's a perfectly justifiable reason for quitting. However, that doesn't mean one is justified in leaving the store abandoned and open to theft at that time is justified.
    Therefore, since the world has still/Much good, but much less good than ill,
    And while the sun and moon endure/Luck's a chance, but trouble's sure,
    I'd face it as a wise man would,/And train for ill and not for good.

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