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Old 11-28-2012, 06:38 AM
 
1 posts, read 1,552 times
Reputation: 10

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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.
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Old 11-28-2012, 07:05 AM
 
Location: Native of Any Beach/FL
35,755 posts, read 21,113,936 times
Reputation: 14267
yep- no reason needed-- no way to retaliate- no unions... or very few, and keep salaries down.
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Old 11-28-2012, 07:31 AM
 
Location: Spring Hill Florida
12,135 posts, read 16,164,239 times
Reputation: 6086
Sorry to hear about your experience. However, you are misconstruing the law, which reads:

'The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike. (Constitution Amended by General Election, 1944; Revised by General Election November 5, 1968)' It is part of the Florida Constitution, as amended, Fla. Const. Article 1, 6, 6. Right to Work.


What you may be thinking of is the "employment at will" law. It is not a Florida theory by any means and I won't go into the historical detail of "employment at will".

It does sound to me like you were (have) reached your earliest possible retirement age and they
would like to get someone else in the position and do it for less. Inability (or refusal) to keep up
with the technology or equipment used in the execution of the duties of the job would certainly
lead to replacement immediately.


Please tell me what state would has a law would protect you from being terminated from employment and the law they rely on.



Quote:
Originally Posted by Margie Brownlee View Post
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.
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Old 11-28-2012, 07:32 AM
 
Location: Tampa, Fl (SoHo/Hyde Park)
1,336 posts, read 4,970,139 times
Reputation: 1039
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.
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Old 11-28-2012, 07:34 AM
 
5,453 posts, read 9,315,383 times
Reputation: 2141
Aside from the fact that this should be posted on the Work & Employment board...all I can say from my 11 year old observations is that "employees" here are treated as disposable diapers, rather than valued assets! Until that changes, just go with the flow...or move to Europe, Australia, Japan where employees are valued assets to a company.

Quote:
Originally Posted by Margie Brownlee View Post
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.
Reply With Quote Quick reply to this message
 
Old 11-28-2012, 07:38 AM
 
5,453 posts, read 9,315,383 times
Reputation: 2141
This doesn't happen just in Florida.

Right-to-work law - Wikipedia, the free encyclopedia

Quote:
Right-to-work laws exist in twenty-three states
Quote:
Originally Posted by JSnFla View Post
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.
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Old 11-28-2012, 07:38 AM
 
Location: Native of Any Beach/FL
35,755 posts, read 21,113,936 times
Reputation: 14267
yep my son was at one job 10 yrs making $$$ and ousted for a newcomer at $$ and 2nd job 7 yrs and same thing- even though he was a great employee it's all bout $$- 911 killed my best job after 10 yrs, never made that kinda of money again. ugh
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Old 11-28-2012, 08:21 AM
 
Location: Spring Hill Florida
12,135 posts, read 16,164,239 times
Reputation: 6086
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]
Quote:
Originally Posted by JSnFla View Post
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.
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Old 11-28-2012, 08:23 AM
 
Location: Spring Hill Florida
12,135 posts, read 16,164,239 times
Reputation: 6086
We are all good, some are better than.


Quote:
Originally Posted by tinytrump View Post
yep my son was at one job 10 yrs making $$$ and ousted for a newcomer at $$ and 2nd job 7 yrs and same thing- even though he was a great employee it's all bout $$- 911 killed my best job after 10 yrs, never made that kinda of money again. ugh
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Old 11-28-2012, 08:27 AM
 
Location: Spring Hill Florida
12,135 posts, read 16,164,239 times
Reputation: 6086
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. 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.

By the way, your anti-American tirades on CD should be investigated by the FBI.



Quote:
Originally Posted by algia View Post
Aside from the fact that this should be posted on the Work & Employment board...all I can say from my 11 year old observations is that "employees" here are treated as disposable diapers, rather than valued assets! Until that changes, just go with the flow...or move to Europe, Australia, Japan where employees are valued assets to a company.
Reply With Quote Quick reply to this message
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