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Whole Foods employees striking over requirements to work Thanksgiving

lawboy said:
Have you ever read the Commissioners on Uniform state laws Model Employment Termination Act? So far no state has adopted it.
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I have not. Going to have to take a look when I get back.
 
LaMidRighter said:
I have not. Going to have to take a look when I get back.
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Oh, I just looked, it seems Delaware and DC adopted it, did not know that, a few years back I see.
 
lawboy said:
Oh, I just looked, it seems Delaware and DC adopted it, did not know that, a few years back I see.
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I have it loaded, gotta run some errands so I'm just finishing up. Will read it on my return.
 
Lursa said:
They need to move.
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What do you think of that WARN law, should employers have to tell employees of the protected group they are closing shop down.
 
clownboy said:
Yes, and she included no legal position in her article. She's a lawyer that represents people who were fired/quit with the goal of getting them relief. It's a fluff piece. In reality she knows that emplyment law varies from state to state, and in some states county to county.
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Generally Counties can not pass laws as they are not legislative in nature, now in Ohio we do have 2 Counties that have an Executive-Council form of government, and can pass laws not in conflict under the "general laws" under Home Rule, the other 86 counties are County Commissioner's, not legislative.
 
lawboy said:
Well, I'll give ya credit on that, as MOST employers have lied in wrongful termination suits, I was fired once, sued, and felony perjury was committed by thier agent.
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Firing employees without a real cause (legal, illegal, just, whatever) is very expensive for an employer. Actually, it's the hiring and retraining of the replacement that is costly. Employers of any size do not to it casually and rarely at a whim.
 
lawboy said:
What do you think of that WARN law, should employers have to tell employees of the protected group they are closing shop down.
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Dont know anything about it.
 
lawboy said:
Generally Counties can not pass laws as they are not legislative in nature, now in Ohio we do have 2 Counties that have an Executive-Council form of government, and can pass laws not in conflict under the "general laws" under Home Rule, the other 86 counties are County Commissioner's, not legislative.
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At least out West here counties can and do indeed pass laws (generally through city/county based councils). They, again generally, may not pass laws that conflict with state or federal law. But they can be in addition to exisitng state and federal law where they do not conflict. These are often called "ordinances" but function the same.
 
clownboy said:
At least out West here counties can and do indeed pass laws (generally through city/county based councils). They, again generally, may not pass laws that conflict with state or federal law. But they can be in addition to exisitng state and federal law where they do not conflict. These are often called "ordinances" but function the same.
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Are you talking about an actual COUNTY that has a legislative government, or cities in the county only?
 
lawboy said:
Are you talking about an actual COUNTY that has a legislative government, or cities in the county only?
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It's a mixed landscape. The West has always been more sparsely settled in places than the East coast or the flyover country. Largely due to geography. There are town councils, city councils and in some places county councils. Depends upon the charter and incorporation agreements.
 
clownboy said:
Cool. Interestingly, I believe these local governments spawned most of our Blue Laws.
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Until Ohio law was changed, the only form of county government was a 3 Commissioner system, as a county is a "subdivision" of the state.

You may or may not have read about the Cuyahoga County corruption scandal where the FBI nabbed crooked officials, including the County Auditor, and a Commissioner, that is when voters took it to the ballot and eliminated the Commissioner system.
 
KevinKohler said:
Incorrect. If holiday work, or anything considered "irregular" hours are required, they are required to be made known at the onset of employment.
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They already are open on other holidays so employees already know they might have to work on holidays.
 
lawboy said:
Until Ohio law was changed, the only form of county government was a 3 Commissioner system, as a county is a "subdivision" of the state.

You may or may not have read about the Cuyahoga County corruption scandal where the FBI nabbed crooked officials, including the County Auditor, and a Commissioner, that is when voters took it to the ballot and eliminated the Commissioner system.
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Certainly having another layer of government may lead to greater opportunities for corruption. However, I think there is more danger in making government a unity monolith. I like that the US has federal, state and LOCAL governments. This allows for community fine tuning in law. With our vast variety in environment, geography and people, having a local government is essential in my book.
 
clownboy said:
Certainly having another layer of government may lead to greater opportunities for corruption. However, I think there is more danger in making government a unity monolith. I like that the US has federal, state and LOCAL governments. This allows for community fine tuning in law. With our vast variety in environment, geography and people, having a local government is essential in my book.
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State law also permits Township's a legislative function, but they can ONLY pass Resolutions, monetary punishment's, no jail permitted.
 
KevinKohler said:
Incorrect. If holiday work, or anything considered "irregular" hours are required, they are required to be made known at the onset of employment.
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Must be different in your state where apparently folks have never been around a retail environment. Do you have grocery stores that are open at least the first part of Christmas day? How about 7/11s or Plaid Pantry, do you have those in your state? Hasn't it been that way for your entire life (if you're in your 30s or 40s)?

Who did you think operated those stores on Christmas day, elves? But yes, all employment contracts I've seen in my life include a holidays section that details what they legally need to disclose.
 
polgara said:
I cannot understand why government would make life difficult for people who provide jobs for others. The more people working, the more tax money flows to DC to spend as foolishly as they wish. Doesn't make sense today... At one time, it might have, but laws have been written since to curb abuses by employers, but now it just seems like plain old dislike of business. Small wonder that many flee to states that are more business friendly, or even go overseas. That doesn't help people who just want a job to support their famiiies. Everyone can't be on welfare...who's going to provide the money to take care of them?
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though laws exist, it doesn't mean employers don't break them, some consistently and knowingly. That's why the DOL is important, to address those who would abuse employees. But to have defend yourself as though judged guilty first is expensive and time consuming.
 
KevinKohler said:
If you are having issues with this, it's your fault for not getting yourself a more iron clad orientation/employee contract. It's happened twice at BJs, an employee hurts their back, we review the camera to see how, see them lifting something heavy solo, (against company policy) and term them. Easy as pie. And now we have them sign away their right to litigation, opting instead for in company arbitration as a requirement of employment. BJs position is "Go ahead, call OSHA or the dept of labor. We'll just fire you."
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It's not a matter of iron clad, it's a matter of attempting to be fair to all parties, and the DOL is heavily biased to the employee.

We don't threaten to fire, we ask if there is a compromise in procedure (that doesn't violate law) that will satisfy job requirements and the employees 'restriction' in activity. If necessary, the employees position is changed, which unfortunately May lead to less hours, less pay, and quite often employee quitting.

It's when the employee refuses to discuss the issue that write ups happen, people get pissed and the DOL gets called.
 
lawboy said:
What do you think of that WARN law, should employers have to tell employees of the protected group they are closing shop down.
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I don't think that should have force of law, but I do feel that an ethical business should give some kind of notice due to the climate of job seeking. I took a look at the META act, was not impressed. For the most part I like states making their own laws, but while I read up on it I was thinking just how easy it would be to loophole that thing into ineffectiveness.
 
solletica said:
Sorry. In the US, if an employee refuses to show up merely for one day, it does not count as quitting (esp. if a valid excuse is offered and documented) and to offer that as a reason for termination of employment to references will subject you to a lawsuit.
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Many states are "at will" employers, you can fire an employee for any reason or no reason at all and they can't sue you unless it's a demonstrated case of legal discrimination.
 
rabbitcaebannog said:
That is a false point. Whole Foods never opened on Thanksgiving before so these people did not agree defacto to work this holiday.
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They agreed to work when they were scheduled. They were scheduled to work on Thanksgiving. Try again.
 
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