Florida Right To Work (employment, interviews, owner, middle class)

[gulfer]

There are Laws that protect workers and specifically for things like this. I am complete staying away from any positive or negative comments regarding employees or companies. SO NO BASHING ME ON THIS

I would ask the OP: Did you get performance appraisels on a regular basis? Did you always do the best possible on these? Did you ask for/get feedback on what is needed to improve?, etc... All the questions that would make it show that you were perfect for the job. If so, then I would say you were great at your job.

Friction between managers and employees is always there. I spent 15-20 years in some type of management from lower levels to the executive level. As a manager, you are always the target. From a biased standpoint, I think I can say I honestly tried to make the lives of the workers better. I wanted them to come to work and I felt that they didn't take this job for me to have to yell at them, but to make a life. I always tried to stick with that as a foundation and make it work. That said, I had employees that I am sure never want to see me again! It comes with the territory. To me the ones that didn't want to work, made life miserable for other employees, were constantly late, needing re-work, etc... were the employees that managers replace.

Not saying anything negative at all to the OP. If you did the absolute best you could and were told that all of the time, then it is a shame what the company has done to you.

I had an interesting discussion Thanksgiving Day regarding employment. My point was that there should be jobs at companies that are for entry level only. Should someone that turns lugnuts at GM be able to have a 30 year career turning lugnuts with a pension and a retirement health care plan? Should a cashier at Publix or Walmart be able to have a 30 year career with retirement benefits of health care and a pension? My take is no. You should progress at companies and move up to more challenging jobs that help you and your employer. The take my friend had was yes, if that is someones limitation that is where they should remain and a company should compensate them with raises, a pension, and other benefits that a retiree gets from working there. Was a great discussion. We didn't agree, but we didn't YELL at each other.

[algia]

I keep saying this over and over...the problem is that it will NEVER HAPPEN for as long as everything BUT someone's work performance and qualifications for the job are ignored in favor of: "He's too fat, too bald, to old, too Asian/Black/European, Native American etc, has kids, has too much experience therefore we'd have to pay him more than a student, and the Facebook page is too crazy"! (Next time you complain about the Gov snooping in, check out ALL employers who pry into people's PERSONAL lives without any given right.)

Sorry you only wear rosy glasses, and can't accept your own flaws. BTW that's called Denial.
Try understanding that there are 300+ million people living here, and fewer, and fewer are making ends meet.

Originally Posted by Spring Hillian

The problem is employees need to be a valued asset in the first place. Valued assets are keepers, non-valued assets get tossed with the trash.

So you think we have more inadequate employees, than adequate? now that's some wishful thinking!

Inadequacy in a job will not keep you employed in anywhere in this world. Everybody seems to think that they are the best of the best and yet they cant find a job any where. Time to look in the mirror.

[JSnFla]

Originally Posted by spring hillian

maybe i have missed something. Please advise what state i can go do where i cannot be fired on a whim for anything? Where is a state that has laws protecting inept, unqualified, lazy, uncooperative, and simply unwanted employees?

Why would you, or any one else expect florida to some sort of mecca for "the brightest and most successful people"? Are you looking to surround yourself with academic excellence in a haven for intellectual stimulation and scholarly achievement? In that case, try someplace else. My needs are much different than that.

So come on, let me in on the secret, where is this wonderful state where there is no income tax, wonderful weather, a laid back atmosphere, open spaces everywhere, 2 coasts, excellent recreational opportunities beyond count, low property taxes, a diverse population, and just a great place to pursue happiness and personal well being?

[/quote]

Sure if you are an older person or retired and living off solid retirement savings then no worries, enjoy! But if you are a younger person thats educated and looking to build a corporate career or even start a cutting edge business then good luck. With the positive attributes that you mention about florida you would think that smart, young, talented people would flock to the state but instead they flock away from the state. The opposite of this would be California, another state with similar positive climate and lifestyle attributes where droves and droves of the brightest young people in the world flock to work in thriving industries and businesses all over the state. Silicon valley alone attracts some of the smartest people in the world. Sure if you are 27 and just want to drink cheap beer at the beach and work a customer service or waiter gig then fine but most smart young people want a lot more thus the economic environment in florida is generally a wasteland.

[Spring Hillian]

If you only had some idea of what you post.

Yes, personal traits can make a difference in people getting a job. Nobody wants to hire people who wont fit in to the environment. There are laws protecting age, race, etc.

Why are you telling me I have personal flaws? I made it in life, seems you are yours are barely hanging on. I guess that is what eats you up. People here in the U.S. work for what they have, not what the government tells them they can have.

None of the laws of our land force an employer to hire a person they do not want to hire. This is not place where the government sends Joe Whomever to your workplace with a piece of paper stating that he now works there. Haha. Maybe it is because that is how unions work. They force employers to put up with
employees who are ghosts, etc, but that's another story.

But, this is the real world where an individual must stand out among the other individuals. You just have to be better than the competition for one reason or another. Again, employers have choices in their work places and so do employees. Employees can shut down certain businesses by walking off the job stating "I quit".

• A right to a workplace that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

Occupational Safety and Health Act of 1970, § 5(a), 29 USC § 654(a)(1).

• A right not to be discriminated against based on “race, color, religion, sex, or national origin.”

Title VII or the Civil Rights Act of 1964, 42 USC § 2000e–2(a)(1).

• A right not to be discriminated against based on age, i.e. 40-70 years inclusive.

Age Discrimination in Employment Act of 1967, 29 USC §§ 624(a)(1)(A), 631(a).

• A right to reasonable accommodations for their disability.

Americans with Disabilities Act of 1990, Title I, 42 U.S.C. §§ 12101-12117, 12201-12213, et seq.

• A right to “self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

National Labor Relations Act, 29 USC § 157

• A right not to be retaliated against for reporting unsafe working conditions.

Occupational Safety and Health Act of 1970, § 11(c), 29 USC § 660(c).

• A right not to be retaliated against for investigating government contract fraud or taking action under the False Claims Act.

Federal False Claims Act, 31 U.S.C. § 3730(h).

• A right to report corporate and securities fraud to regulatory bodies.

Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A.

• A right to expect that trustees of employee health and welfare plans act in the “sole” interest of plan participants.

Employee Retirement Income Security Act of 1974, 29 USC § 1104(a)(1).

• A right to be paid at a rate of time and one-half for all work performed over 40 hours in one work week if an employee is “non exempt.” The exemption is determined by the type of work performed and not by the label the employer gives the employee.

Fair Labor Standards Act of 1938, 29 USC § 207(a).

• A right to at least 60 days advance notice for mass layoffs or plant closings where the employer with 100 or more employees engages in a plant closing of 50 or more employees at a work site, or a mass layoff of at least 500 employees (or at least 50 employees, if that is one-third or more of the total). Workers are entitled to pay and all benefits through the 60 day advanced layoff notice period, whether or not an employer requires employees to work through it.

Worker Adjustment and Retraining Notification Act (Pub. L. 100-379), 29 USC §§ 2101(a), 2102(a).

• A right to take up to 12 weeks off to care for a newborn, or themselves or a family member with a serious health condition where the employer has 50 or more employees. Workers may take off up to 26 weeks off to care for an injured member of the Armed Forces.

Family and Medical Leave Act of 1993, § 102(a)(1), 29 USC § 2612(a)(1), as amended by the National Defense Authorization Act for FY 2008 (Pub. L. 110-181), § 585.

Originally Posted by algia

I keep saying this over and over...the problem is that it will NEVER HAPPEN for as long as everything BUT someone's work performance and qualifications for the job are ignored in favor of: "He's too fat, too bald, to old, too Asian/Black/European, Native American etc, has kids, has too much experience therefore we'd have to pay him more than a student, and the Facebook page is too crazy"! (Next time you complain about the Gov snooping in, check out ALL employers who pry into people's PERSONAL lives without any given right.)

Sorry you only wear rosy glasses, and can't accept your own flaws. BTW that's called Denial.
Try understanding that there are 300+ million people living here, and fewer, and fewer are making ends meet.




So you think we have more inadequate employees, than adequate? now that's some wishful thinking!

[Spring Hillian]

Is this a real question? Of course we have more adequate employees. They are the ones with the jobs.

Originally Posted by algia

So you think we have more inadequate employees, than adequate? now that's some wishful thinking!

[Spring Hillian]

You are not answering the question. Where is this place of perfection you imagine?

Why can't a young person look towards a corporate career in FL? No corporations?
No international and domestic corporations with offices in Florida? What are these "Talented" people who "flock away" talented in? What is their specialty that makes FL employment out of reach?

I think your rosy view of CA is flawed. During the first decade of the 2000s, according to IRS data on the movement of income-tax filers, California saw a net loss of 635,000 people. "Silicon Valley" has been in decline, economically, for 10 years or more. It is time you update your reference library.

If what the 27 year old does with their life is up to them. If they just want to drink cheap beer at the beach and work a customer service or waiter gig, that is their choice. However, other choices abound.

I think the problem is there are too many of these "talented" people who do not have any "talents" that are in need in the current economy here or anywhere.


/quote

Sure if you are an older person or retired and living off solid retirement savings then no worries, enjoy! But if you are a younger person thats educated and looking to build a corporate career or even start a cutting edge business then good luck. With the positive attributes that you mention about florida you would think that smart, young, talented people would flock to the state but instead they flock away from the state. The opposite of this would be California, another state with similar positive climate and lifestyle attributes where droves and droves of the brightest young people in the world flock to work in thriving industries and businesses all over the state. Silicon valley alone attracts some of the smartest people in the world. Sure if you are 27 and just want to drink cheap beer at the beach and work a customer service or waiter gig then fine but most smart young people want a lot more thus the economic environment in florida is generally a wasteland.[/quote]

[thebunny]

Originally Posted by Margie Brownlee

I believe, and have always believed that this law is a legal way for employers to discriminate. If, say your manager dislikes you, or feels threatened by you, the system allows the employer to let you go for say- lack of work. (after 12 years), rather that the other Acct Exec., who has been with the company a shorter period of time, I was told 4 reasons: (1) Designations - I have 2 the other Acct Exec has one, (2) Book of business - As business is sold it is the manager who assigns the accounts, and I never got assigned accounts, with the exception of those few where the broker requested I work the account, so of course I had a smaller book of business. When I asked the manager "why" she had some reason like, political connections, it is not in your district, etc. (3) Relationships -Now that is so wrong! I have many letters and emails form my clients praising the work I did for them, and the manager knew this because I emailed them to her some clients even sent letters of praise to the CEO. I believe that since this manager openly played favorites, and I was not in that protected group, I beleive, because I was not going to stab someone in the back, just to be in her favor. Her protected few did just that. (4) Knowledge - Now that is so laughable. I have been in the health insurance industry for more than 25 years, much longer than the other Account Executive. I did have some issues with spreadsheeting, and attended a class that was very helpful; however I could not put that skill to work, because of seldom getting business to work on. I practiced on some of my small renewal cases just to keep the information fresh, but with such a small book of business that was few and far between. I never had this problem before this manager came on the scene, approximately 5 years ago.

I am a 62 year old woman who was making $40,000/year, the other Account Executive is at least 15 years younger. Do you think my age had anything to do with it? I do. Why I cannot do anything about it is the company dangles a carrot in front of you, like 2 months of salary, if you agree to sign their Release Agreement. I immediately began to sign, but after about a month the bills pile up,and I have to sign it to pay bills. I finally got to see an attorney, with the Release Agreement, he stated that since I signed it, there is nothing that can be done. The attorney saw several statements in the release that were not compatible with the law, but too late, specfically OWBPA.

I am sorry for the lengthy scenario, but I want others to beware of the right to work law.

You are aware (or I am guessing that you are not) that the Right to Work law has ABSOLUTELY NOTHING to do with anything in your post...correct?

"Right to Work" states, and Florida is one, is a law that says even if there is a union in place, the employee can not be forced to join the union in order to be employed in the position/company. In other words, it is illegal to require union membership (and the associated dues and fees) to work in an organization that has a union.

This has absolutely nothing to do with the issue you discussed, not a single, solitary, teeny little thing.

[thebunny]

Originally Posted by JSnFla

just another reason why finding, growing and maintaining a meaningful rewarding career in florida is so difficult. it doesnt matter who you are, you can be fired on a whim for anything and good luck finding another job. the entire foundation of the job market and economy in florida is incredibly flawed and thats why a state with a desireable climate and potentialy desireable lifetstyle has never been able to become a relevant place with a thriving economy that attracts the brightest and most successful people.

And in any other state. With the possible exception of Montana, ALL states are employment at will.

[thebunny]

Originally Posted by gulfer

There are Laws that protect workers and specifically for things like this. I am complete staying away from any positive or negative comments regarding employees or companies. SO NO BASHING ME ON THIS

I would ask the OP: Did you get performance appraisels on a regular basis? Did you always do the best possible on these? Did you ask for/get feedback on what is needed to improve?, etc... All the questions that would make it show that you were perfect for the job. If so, then I would say you were great at your job.

Friction between managers and employees is always there. I spent 15-20 years in some type of management from lower levels to the executive level. As a manager, you are always the target. From a biased standpoint, I think I can say I honestly tried to make the lives of the workers better. I wanted them to come to work and I felt that they didn't take this job for me to have to yell at them, but to make a life. I always tried to stick with that as a foundation and make it work. That said, I had employees that I am sure never want to see me again! It comes with the territory. To me the ones that didn't want to work, made life miserable for other employees, were constantly late, needing re-work, etc... were the employees that managers replace.

Not saying anything negative at all to the OP. If you did the absolute best you could and were told that all of the time, then it is a shame what the company has done to you.

I had an interesting discussion Thanksgiving Day regarding employment. My point was that there should be jobs at companies that are for entry level only. Should someone that turns lugnuts at GM be able to have a 30 year career turning lugnuts with a pension and a retirement health care plan? Should a cashier at Publix or Walmart be able to have a 30 year career with retirement benefits of health care and a pension? My take is no. You should progress at companies and move up to more challenging jobs that help you and your employer. The take my friend had was yes, if that is someones limitation that is where they should remain and a company should compensate them with raises, a pension, and other benefits that a retiree gets from working there. Was a great discussion. We didn't agree, but we didn't YELL at each other.

Specifically what law? I'm fascinated by this statement.

[crazynip]

We need to keep it so we can fire anyone for anything.

It keeps the idiots out, and the whiners and uppity employees can get theirs