tag:blogger.com,1999:blog-2447438783001404385.post1141927619765585145..comments2024-03-28T21:30:48.712-05:00Comments on Jackson Jambalaya: Woman alleges Penn's withdrew job offer because she was pregnant. Kingfishhttp://www.blogger.com/profile/06184990110961727404noreply@blogger.comBlogger59125tag:blogger.com,1999:blog-2447438783001404385.post-77078511359804491882015-08-12T22:25:51.204-05:002015-08-12T22:25:51.204-05:009:03 There are exceptions, including any violation...9:03 There are exceptions, including any violation of an employee's civil rights.<br /><br />The smartest thing is to say "Revenue isn't what I need to keep this business open, so I have to let somebody go. Unfortunately that person is you."<br /><br />Then shut up. Don't say anything about their age, race, religion, sexual preference, medical conditions, etc. Any of them will get you sued, and you will probably lose.<br /><br />Three managers at a Lowe's in another state got canned yesterday for agreeing to a customer's request to only allow a white driver deliver whatever she had ordered. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-90488155514609524342015-08-12T21:54:20.905-05:002015-08-12T21:54:20.905-05:00well, as far as I am concerned I don't want so...well, as far as I am concerned I don't want some fat (pregnant) chick waddling up to my table enquiring about sweet tea vs unsweet tea while I am consuming vast amounts of fried fish. Is there no sanity left?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-22445470388260521862015-08-12T21:03:30.171-05:002015-08-12T21:03:30.171-05:00I understand that the law is the law, what ever it...I understand that the law is the law, what ever it may be, but I've also been told Mississippi is an "At Will State" and an employer can terminate for any reason and they dont have to tell you why.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-32400661331888940632015-08-12T20:02:14.646-05:002015-08-12T20:02:14.646-05:00Bloviate all you want to about theory and opinion ...Bloviate all you want to about theory and opinion and what used to be and what you wished was still in place. We have employment law and we have labor law (union) and all the personal opinion to the contrary is simply wasted breath.Nuthatch Alertnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-87653574633426564892015-08-11T17:25:21.919-05:002015-08-11T17:25:21.919-05:004:30 you say this law is right, but by what measur...4:30 you say this law is right, but by what measure ?<br />Since the civil rights act was passed, 1964, the ratio of unemployment of blacks vs whites has stayed at about 2x or more. It is as high today as it was in 1964. The ratio of earnings white/back is higher now than it was.<br />I can see two laws that were passed to help minorities that might actually hurt them.<br />One is they keep raising the minimum wage and saying this helps the poor. But it actually causes disproportionate unemployment among young people with few skills and experience. That is, if you make McDonald's pay $15/hr a 16 year old black kid with no work history has no chance of getting that job.<br />The second way it hurts them is if I hire someone who is 'protected' by the government and later have to fire them, I may have good reason to fire them but I also run the risk of a lawsuit. So I have to go to extreme measures and spend extra money to document everything beforehand. Even if I win the lawsuit, the very fact that I have to pay for my defense means I have lost. If candidates are roughly equal, it is less risky to hire someone who is not protected. In that way the law that is supposed to protect someone actually hurts them. <br /><br /> Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-13406621197235326412015-08-11T16:57:45.267-05:002015-08-11T16:57:45.267-05:00At 4:26; The Hearing Officer (government employee)...At 4:26; The Hearing Officer (government employee) doesn't care why you fire a worker. He/She (government employee) does, however, need to hear from you that a policy you have in place was or was not followed, the employee knew of the policy, your expectations were clear, an adequate method of correction was in place, the employee had time to learn the policy and you have discharged (or not) under similar situations in similar circumstances and that the reason you state to him/her (government employee) is not in violation of federal labor law. (there are no state labor laws here as we do not have a State Department of Labor). <br /><br />'He was not a good employee' is a bullshit reason, under the regulations of the past forty years, to terminate an employee and have it stand scrutiny. If you don't care about that, fire away. You do, however, in certain cases risk more than simply a hit on your UI Tax Rate. You risk a lawsuit in some cases. <br /><br />Long story short: Hire and fire who the hell you want to. Just understand you don't write the employment laws and your business might suffer the consequences. Fire Who The Hell You Want Tonoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-6720738961946315492015-08-11T16:35:32.495-05:002015-08-11T16:35:32.495-05:00Amen 3:55. I love *logic* and truth.
Amen 3:55. I love *logic* and truth.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-13264054295179837852015-08-11T16:30:16.999-05:002015-08-11T16:30:16.999-05:003:05, I'm not espousing logic. I'm tellin...3:05, I'm not espousing logic. I'm telling you what the law says. And I'm saying it's right. You can have any reason you want to fire someone, that reason just can't be because they are in a protected class. You can fire an old person because she smells, or a foreigner because he's lazy, or a black person because she's too loud, or a handicapped person because he can't make it to work 2 days each week, or a pregnant person because she has temper tantrums.<br /><br />3:41, you demonstrate that the law works since it was enacted 50 years ago. The problems were occurring up to that point that justified the protections. <br /><br />Not that it changes anything, but I sign the front of checks every 2 weeks, and, occasionally, I get to sign one on both sides.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-49893271386453144842015-08-11T16:26:25.889-05:002015-08-11T16:26:25.889-05:00Once I fired a worker who tired to collect unemplo...Once I fired a worker who tired to collect unemployment insurance. At the hearing, when I was asked why the person was terminated I said 'He did not do enough work.' This did not seem to resonate with the bureaucrat who was running the hearing. I had to repeat myself and then add he was warned - 'If you have another gear you need to get into it. What you are doing now is not satisfactory'. In the end I prevailed, but not before I had to argue with the bureaucrat (government worker) that not producing enough work was a legitimate reason for firing someone.<br /><br />I fired one guy who mistakenly thought that someone had to catch him not working in order to fire him. He learned a valuable lesson. He was given a very simple task - sweep the floor of a very large area. We had no trouble determining how long it should take to sweep that floor. When his rate of production was nowhere near what it should have been he was terminated. He thought someone had to catch him in the act of not working. I hope he has made someone a better employee because of that lesson he should have learned.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-67718196304313456262015-08-11T16:25:32.810-05:002015-08-11T16:25:32.810-05:00"To the smart ass at 2:03
You're right.
..."To the smart ass at 2:03<br /><br />You're right.<br /><br />I'm just an employer. "<br /><br />Yes, and the same laws apply to you and me both. Deal with it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-84200130519317093432015-08-11T16:02:35.939-05:002015-08-11T16:02:35.939-05:00Lawyers will be the ruination of this country, the...Lawyers will be the ruination of this country, they've already done a lot. You have to watch your back continually to make sure you dont get popped with an outlandish penatly for something petty. Why doesnt an attorney's office hire her and "do the right thing" and pay her while she's at home. I'll bet a large sum none, not one attorneys office would hire her for clerical work with her being pregnant. <br /><br />And I agree, something sounds fishy(no pun intended). An inhouse on payroll graphic designer, for Penns? It would have been much more economical to hire that out to a firm. I smell a setup. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-67808221845285813242015-08-11T15:55:28.587-05:002015-08-11T15:55:28.587-05:00I am so sick of this "poor me I am an oppress...I am so sick of this "poor me I am an oppressed woman" crap. Stay at home and raise your effing kids. Quit dumping them on the world to rear.<br /><br />Problem solved.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-32023792040904706482015-08-11T15:41:56.116-05:002015-08-11T15:41:56.116-05:00I have been running a small business (less than 50...I have been running a small business (less than 50 employees, but more than 25) for over 40 years and I have never fired a good employee. On my last battle with the government regarding an alleged wrongful discharge, when asked about why I fired so-in-so, my response was the so-in-so was not a good employee. The hearing officer's response was that he had never heard that reason before. I ultimately prevailed (fired for being drunk on the job). There is a big difference between signing the front and back of a payroll check.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-78524196664953543262015-08-11T15:20:23.845-05:002015-08-11T15:20:23.845-05:00To the smart ass at 2:03
You're right.
I'...To the smart ass at 2:03<br /><br />You're right.<br /><br />I'm just an employer.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-21048174901139528232015-08-11T15:19:40.840-05:002015-08-11T15:19:40.840-05:00As a 60 year old my expectation is that I would ne...As a 60 year old my expectation is that I would never be hired over a 40 year old unless I was hands down the better candidate. The Government rules force the employer not to tell me this, but that does not change the fact that it is just good business and common sense. <br />Likewise, if you had two equal candidates except that one was going to have a baby, or open heart surgery, you are going to hire the one that is best for your business. You have to do it to survive. That is what your competition is doing. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-28695085191727582182015-08-11T15:17:42.488-05:002015-08-11T15:17:42.488-05:00So if I fall...just hold me.....like the flowers i...So if I fall...just hold me.....like the flowers in the ocean....they are whispering to me.<br /><br />http://thesoundandthefury2.bandcamp.com/track/flowers-in-the-ocean Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-36425211024112690082015-08-11T15:05:22.460-05:002015-08-11T15:05:22.460-05:002:42 the problem with your 'logic' is that...2:42 the problem with your 'logic' is that if I fire someone for being old or black or whatever and they are actually a productive worker, my competitor hires them and has an advantage over me. Those of us who have actually owned businesses know that profits are too small to justify firing good workers. Many times, or most times, when someone claims discrimination there was a sound business reason for the termination. Think of all the reasons someone might choose to accept one job over another - pay, benefits, working conditions, sure. How about - it is near my husband's work place and we can carpool. They let me wear jeans to work. They let me off early on Fridays to ride the band bus to football games and see my kid play. The boss is nice. The co workers are nice. You could go on and on and on. Many, many good reasons to choose one job over another. The exact same thing happens on the other side. Many, many, good reasons to prefer one worker over another and they don't all fit neatly into a government box. I understand that it is the law, but is also government interference into a private business. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-26862392595298073222015-08-11T14:53:27.214-05:002015-08-11T14:53:27.214-05:00"Undergraduate degree in journalism. Master&#..."Undergraduate degree in journalism. Master's degree in graphic design. Was working as a retail manager. Hired for $15/hour and let go before she started. Back to retail selling cupcakes for $8.50 per hour. Moral of the story.....give far more thought to your choice of a college major. Six years of schooling and undoubtedly thousands in student loans....only to reach $15/hour with a child on the way?"<br /> August 10, 2015 at 10:14 PM <br /><br />Actually, those are great degrees for a pretty girl who can't go beyond college-level Math 100, and who "can't stand the sight of blood!!!!!!!" In other words, for a pretty, perky, little daddy's princess, who doesn't want to be a nurse, such a degree combination offers reasonable chances of a comfortable, prestigious career, or, alternately, being able to call yourself something, while pretending to have a career (while living off your husband).<br /><br />Such degrees can be had locally, from value-priced institutions. No school loans ought to be necessary. You can work part-time. You can go to school part-time. You can get in a semester whenever you have the money. It's not like Law, Architecture, or Medicine, where you're in the program, swimming frantically to keep your head above water, and frequently can't opt in and out of the program/internship requirements... all the complicated stuff that makes your life an absolute hell, until you're licensed/certified.<br /><br />In this case, I'm guessing Miss Prettygirl was hired because she went to somebody's church, and they thought she was a nice kid they could "give a chance", by making a job for her. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-19075296447628452972015-08-11T14:42:18.345-05:002015-08-11T14:42:18.345-05:001:54, you can fire someone for being green or fat,...1:54, you can fire someone for being green or fat, or for having poor hygiene, an ugly car, or for being an Auburn fan. You just can't fire them if they're in a protected class. That's because people spent the early 2/3 of the 20th century firing otherwise qualified people for being black, or old, or a woman or handicapped. Those are horrible reasons to fire people that hurt our economy and society. The laws are good laws. Get over it or move somewhere else where you can fire people because they're old. Let's see how long you make it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-54267216889357536192015-08-11T14:06:24.870-05:002015-08-11T14:06:24.870-05:0012:21 Mississippi is a right to work state. Unles...12:21 Mississippi is a right to work state. Unless someone has a contract (union or otherwise) they people can be terminated at any time for any or no reason (excepting certain violations of civil rights, which no employer would be stupid enough to put in writing).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-38214625776733460422015-08-11T14:03:59.078-05:002015-08-11T14:03:59.078-05:00"8:28 and a few others like you seem rather s..."8:28 and a few others like you seem rather smug in your ability to help 'hide' commonsense revelations. "<br /><br />Gee - why do I get the feeling you are neither licensed or qualified to practice law or medicine?<br /><br />I practice medicine, and I pay for (and take) sound legal advice. My physician/patient relationships are between me and each patient, unless there is a court order presented to me. I didn't see any mention that Penn's got such an order in the case under discussion.<br /><br />Privacy IS important to some of us, and there are legal consequences for violating that principle. I fill out the forms as prescribed by law, and give the employer they are entitled to under the law. You got a problem with that - change the law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-35765842554462983232015-08-11T13:54:22.090-05:002015-08-11T13:54:22.090-05:00Over the past 50 years this country has continued ...Over the past 50 years this country has continued to make up more and more rules to hurt small businesses. ALL of this stuff about you cannot fire someone for being too old, a woman, black, green, fat, whatever is BS. The trump card is that every day the sun comes up the employee is free to quit his job and go to work elsewhere. It used to be that that worked both ways. The country has gotten weaker and weaker as a result of these changes. The law should be - if you own the business you put your money on the line for the success of that business and you can hire and fire whoever, whenever, just like they can quit whenever they want to. There is no doubt that in the past this woman's failure to disclose this pertinent medical condition would have been considered a breech of trust that would have been grounds for termination. Even if the law protects you and allows you to conceal this fact, your are breaking trust with your future employer and forcing him to distrust you from the beginning. You are saying to that business owner - I only care about me, not about your business at all. It may be legal but it is not smart. You may get the job, but you are almost guaranteed to be terminated as soon as the employer thinks he can legally do so.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-50872846493339699282015-08-11T13:16:56.375-05:002015-08-11T13:16:56.375-05:007:57 - that 1983 claim was probably on the form th...7:57 - that 1983 claim was probably on the form the lawyers were cutting & pasting into.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-82212167972672356002015-08-11T12:21:18.342-05:002015-08-11T12:21:18.342-05:00Really makes employers feel good (NOT) to realize ...Really makes employers feel good (NOT) to realize shortly after they hired someone that the person was sneaky/dishonest... and now you can't get rid of them. No trust in that person going forward... have to know they would hide anything in the workplace.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-67308183139757119802015-08-11T11:16:28.458-05:002015-08-11T11:16:28.458-05:008:28 and a few others like you seem rather smug in...8:28 and a few others like you seem rather smug in your ability to help 'hide' commonsense revelations.Anonymousnoreply@blogger.com