World Business Today: Unspoken Injustice, Those Who Suffer and The Common Law

 

law-school

My research and content is always inspired with you in mind. Knowledge is power and I want you to know so you can grow. That’s how we all will grow together! The government says, “Ignorance is no excuse“, so to make that statement true most of my blog posts will also include legal terms and/or definitions. It took people (singular and plural) getting over on me to find out there were certain things in society I should know to not get treated in any kind of way. Example. People will treat you a certain way when they think, I didn’t say you think, that you are confident. There are certain ways to signal with your body to make people think, I didn’t say you think, that you are confident. Learning how to play the game of life lead me down many paths where I was left to sink or swim. It took many elements at one time to overcome them, my strength to stand has inspired me to pass my torch.

There are many times, for whatever reason, we make ourselves targets. Commonly, it’s an ex,  your ex’s current relationship, a coworker or even a family member that may feel insecure or threatened by you. As much as we want to believe it was our talents, credentials and even our good looks that helped us land a particular position, sometimes employers have another motive in mind? Could you even be under the impression that you are beginning your career when really you are just working a dead-end job?

Working in the retail/sales industry taught me the most in the game. First, I had to realized I was working for professional sales people. I learned the hard way, they will say the right things to get the right reaction. Integrity is a word that holds a lot of weight and there are people even companies getting away with abusing it. Companies think that it’s okay because of various reasons including how long they’ve got away with it. The same incentives that brought you into the company could be the same reason you stop working with them. So since trust comes with a price now then let me you the money! 😀

For years we have all been mislead to believe that people really has our best interest at heart without doing the proper research ourselves. Media, society, fear and our own lack of knowledge plays a large part in the confusion. The federal government, states, politicians and businesses aren’t in it for the people they are in it for other businesses and profits. It’s time to face the facts folks, it’s business!

Now It’s Our Time!!

I am not a supporter of quitting or being terminated. I am a supporter and fellow entrepreneur! If you have a job with a company where you feel the love, cool. Kudos to you! There’s nothing wrong with working for someone else but if it’s not your house, it’s not your rules. In order for one to conduct business in this world (corporate, commercial, reality), we must learn to distinguish everything between what is federal, what is state (preferably the state you now live in) and our rights individually. Example. There is a U. S. DOL (federal) and a DOL (state), there are certain services received at each one. Imagine yourself standing and holding both arms up like a scale. This is the image I want you to take with you today, use it from now on, start with your handbook (employees), go further back to laws for your personal self because believe or not, that also varies.

The Beginning of the Doctrine of At-Will Employment

In 1877, Horace Woods unintentionally invented the Doctrine of At-Will Employment. He had a formal and systematic written discourse (treatise) on employment law entitled, Master and Servant. He cited four cases from around the country that supported the principle of employers terminating employees for any reason anytime. While being overlooked by the judiciary, courts began adopting the doctrine. The legal term for at-will is, “A common-law rule that an employment contract of indefinite duration can be terminated by either party at anytime for any reason.”

Categories for Employees

1. At-Will Employees– May be terminated at anytime for any reason by the employer–and you have very limited legal rights to fight your termination. The doctrine presumes employment to end by either party at will. Also under the doctrine, worker’s may quit at anytime without submitting advanced resignation notice to employers.

2. Just Cause Employees– All employees who has a contractual agreement (written or verbal) are not at-will employees, i.e. union agreement, company’s handbook policies you sign, tenures. Some of us are led to believe we are  at-will because of the state were in, when the whole time we are just cause employees or vice versa. (Read my blog on Power of Perception)

State vs. Federal: the Doctrine of At-Will Employment

State

North America is the only industrialized country who has this doctrine in effect. So far all states except for Montana are at-will states. The other states adopted the doctrine to some degree while only a few are protective of their employees. They provided a list of at-will presumptions & exceptions. Please take the time needed to look up your specific state to know more.

Federal

Federal government has spawn laws from acts that limit the Employment At-Will Doctrine and helps to enforce good cause for termination. When the employment at-will doctrine don’t apply, you may have grounds for a lawsuit, such as retaliation in violation of federal law. The acts are listed by years, you can look up the history of the acts and use them as references to make a point and/or win your case.

Solutions

Research and register The Common Law, it’s real and all laws stem from it. We only know bits and pieces, it’s a lot to process but your life and happiness is worth it. It’s best to have a Black Law Dictionary handy at all times, the older the better. An employment attorney is the type of attorney to find for representation on cases on this matter. No matter what your employment status is, I recommend seeking one to know if your rights have been violated and to know your options.

Stop believing the hype, from now on do your own research on Everything. It is okay to listen to others but never take it in without a personal background check. Don’t wait for anyone to do anything you can do yourself. If you can run a business better than your boss, make a plan, find sponsors and go for it!! Life is what you make it. Below I have links posted in reference to today’s post. For any comments, questions or concerns, feel free to post them. If I can’t answer your questions then I will find someone who will. I hope to have given you something until next time, Be Good!! 😀

Jacinta Yvette

 

More Information on Employment and Employment Laws:

Employment at Will: What Does It Mean?

Employee at Will

Employment at will in u.s. : The Divine Rights of Employers

Exception by State

U.S. Federal Laws Limiting Employment at Will

Our American Common Law

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