10 Shattered Myths About Workplace Rights

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I was working just last week, I been there just three days now. I show up on time Monday to work. I start breakdown of boxes. I was told that by my manager at a team meetting that we are going to work ten hours. I precedded to work well, after lunch I was told to see the superviser. I was then told by her that i seemed unsure of what my job was. I told her i was sure and was only a little tired from working I was told to come in 1 hour earlier that day. She told me I was'nt a good fit for this job. I was devasted She fired me that day. I seen other people talking and not really working.

Melissa of KY 8:07AM September 21, 2012

what if you are forced to live on property or your fired?

john of CA 12:07AM June 04, 2012

I have questions. However this is great information and insight. I do have a boss that displays offensive conduct at meetings with staff and supervisors which appears to be part of her personality and character. Behind her back they call her crazy, but to me this is not a laughing mather. She is the Admin. of the building I work in. In one of our supervisor meetings she got in the face of one of my peers as if she was in the street ready to fight or do harm to him. It was forced oppression and intimidation done openly; I believe she was sending a message to the rest of us. I am job hunting now!

Geraldine Carter of PA 5:56PM February 25, 2012

Ahhh, that's refreshing! Someone presenting herself as an expert on employment matters who actually knows what she's talking about!
Why, she even knows those "illegal" questions are perfectly legal!
:)

Bill of IA 5:47PM February 22, 2012

Alison--
Its not that I am "determined not to believe you", its that I already know from direct experience that you are wrong. As for "reputable employment attorney's", mine represents a multi-national (with a household name) corporation for his state; He has 35 years experience, and roughly a thousand wins against just a handful of (6-7) losses over that same period. And as I've said twice before, labor attorney's wouldn't be in business if your were correct in your general assertions. Your information is vastly over-simplified, you are therefore variously off the mark, and your article is--by logical extension--mis-leading, as the previous poster rightly points out. I think the other poster is also right in suggesting that you post a disclaimer noting that you are not issuing legal advice. Sincerely, I'm not trying to be rude or sustain an argument, but that person is also correct that you should go back and correct your mistakes. You may have the last word
Best,
-Jim

Jim of SC 7:02PM February 19, 2012

Jim, I can't prove a negative to you, nor can I make you believe something you're determined not to believe. But any reputable employment attorney will back all of this up, and confirm that it's correct. See, for instance, Donna Ballman's blog, or many of the other excellent legal resources out there.

Alison Green of DC 3:41PM February 19, 2012

Alison--
I already have some first-hand knowledge of labor law in three states--I was an employer in California for a decade, and am I am presently in the process of litigating against a former employer in another state. I also hold a doctorate with qualifications in white-collar crime. As the other individual commented, an employer can be sued if they intentionally impose emotional distress, and verbal abuse can be proven to intend to do precisely that, especially if the abuse is of a personal rather than professional nature. The same holds true for unwarranted termination--especially if the employer depends on state or federal funding in one way or another. It sounds like your "research", Alison, is restricted to on-line sources posted by people who do not practice--or actually know--labor law and for the consumption of lay-people. The original intent of "at will" laws was to make it easier for employers to terminate employees who weren't making the grade, not to blindside good ones because their boss "doesn't like the sound of their voice." There is such a thing as "wrongful termination" in early every state, including "at will" states. Moreover, "emotional distress" is the legal premise for most wrongful termination suits. If this were not so, successful labor attorney's who charge only nominal fees in exchange for a percentage of the settlement would no not be so prosperous and available. You also may wont to research what corporate/business/labor lawyers get paid to fight such claims. They do really well, too, and it would not be so if the laws were as permissive as you assert.
Best,
-Jim :-)

Jim of SC 3:51PM February 18, 2012

Jim, "verbal abuse" is not illegal in the workplace. While some states to require breaks, the majority don't. No state other than Montana requires that employers have a "justifiable" reason for firing someone. I suggest you research the law; it sounds like you'll be surprised!

Alison Green of DC 7:39PM February 16, 2012

The worst unhuman scum of the universe with no people skills, ethics nor brain and the worst lying hypocrite who is a one-sided female bully full of toxicity and discrimination, racism and harassment is Susan Jones from Northport, AL. She will always be remembered as the worst liar, promise-breaker, hypocrite and one full of indecency, a nasty temper and hostility and unable to see any good in people and blames others for her insecurities and! She stupidly revealed how she was a major alcoholic in college at Huntingdon College in Montgomery. Hospice Complete in Alabama did a good thing by canning her and never should have hired this proven, unhuman evil psycho full of hypocrisy, lies and insecurities and her outright illegal behavior! She deserves to rot in Hell the worst and is the worst curse to be wiped out and anyone in that hospice ever giving her any attention or now anybody considering her as human is wrong and the whole world must purge her. Anybody with a mind must know to never reinforce her worst behavior clearly and never like her!

John of KS 8:11PM February 11, 2012

Alison--
Even most "at will employment" states (aka "terminable" states) have labor /employment laws in place that you are apparently unaware of. "Fact" 2: The problem with your characterization is that most employers cannot prove that a negative reference is "factual" in a legal sense, so they keep to the basics if they're smart. Because if they don't (usually the case), they open themselves up to a slander suit. "Fact" 3: Verbal abuse IS illegal, and so is discrimination, so if your boss is singling an employee out for "special treatment", they can sue for BOTH. "Hostile workplace" is a different issue. Proper documentation is all that is needed. "Fact" 7: Most states, even "at will" states, require a 10 minute break after a maximum of 4 hours continuous work. Myth 9: You're really off on this one. Even terminable states require that to justify termination, (a) the reason must be work related (NOT personal as you suggest), (b) it cannot be in retaliation for a refusal to break the law (which if frequently the case), (c) they can't lie about the reason, and (d) the courts CAN require an employer to produce documents supporting the termination, especially if previous performance reviews make the termination appear suspicious. Just because they don't have to "warn" employees of impending termination, doesn't mean that can just wake up one day and decide to fire someone. It just doesn't work that way. Moreover, Alison, labor attorney's would not enjoy the success they so frequently do if your propositions were correct.

Jim of KY 5:40PM February 10, 2012