Employee Rights News You Can Use
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Date December 10, 2012!!
Just for YOU!
As a valued subscriber to the Basic Employee Rights eNewsletter I'm giving you this free gift.
I acquired this valuable document from my friend Robert Lawrence. We all know someone who
is going to apply for a job and get an interview.
It's called "5 Killer Strategies To Ace Your Interview"
Since NO job is guaranteed we may find ourselves engaged in a new job search. This eBook
provides solid actionable info to get an advantage in your next job interview, if an when
Who should read this....
High school graduates, college graduates, employees in transition and everyone else needing a job.
Feel free to give this report away to as many of your friends and family as you can think of.
At Will Employment Tricks
Almost all U.S. states are employment AT-Will. This means employers can usually fire employees for any reason, no reason, even an unfair reason, as long as the reason is not illegal. It's amazing how many times I've tried to get career seekers and employees to understand this. One of the biggest myths job seekers and employees must understand is there is no such thing as true "job security". The belief that good job performance and not being a "trouble maker" should "guarantee" ongoing stable employment.
Unfortunately, the truth has proven to be just the opposite. Terminating and violating the rights of employees is commonly place regardless of job performance. There are however different degrees attached to the employers right to fire you. As of this article Montana is the only state that is closest to being exempt from "At Will" doctrine. Your bosses ability to fire you at the "drop of a hat" is what gives At Will employment doctrine is power.
Unless you are a new employee working during a probationary period of six months, the Montana employer must have a good reason for firing you. There are however, three major exceptions to being fired "At Will". Depending on where in America you live any combination of three exceptions will apply with varying degrees. These exceptions are:
The public-policy exception
The Implied Contract Exception
The Covenant-of-Good-Faith Exception
An employee would be "exempt" from being fired under public policy if he/she was asked to violate the law, commit some crime or things like embezzle company funds.
With the implied contract exception employers have rules and policies that may guarantee employees not be fired for anything other than "just cause". This exception is recognized in 38 states.
The third exception, "covenant of good faith" is only recognized in 11 states. It basically suggests that employees should be treated with respect and not fired for arbitrary or reasons with hateful intent.
For job seekers and employees the following are a few "insider tips" that work in your favor to overcome the shadow of "At Will". The FIRST thing you should do as soon as possible....review your employee manual or handbook. The following is what you want to look for.
Any language that says something like...."an employee on probation can be fired with no notice". This "implies" employees that survive the probation are then considered permanent.
"Continued employment is mandatory for participation in stock option plans".
Look for anything that talks about an employee being terminated only for "just cause".
What about your job interview? Did the interviewer say anything such as...."You won't have any problems staying with the company as long as you do your job"?
Each one of these situations may be deemed an "Implied Contract" by the EEOC or a court if you are ever terminated.
Be sure to share this video with your friends, co-workers and family;
Until next time have a blessed and safe Christmas Holiday!
Exciting things coming in 2013!
Watching your employment back...
Employee Rights Educator, Coach,
Trainer, Advocate, Internet Business Presence Consultant
http://Employee-Rights-Questions.com (work in progress)
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Your Basic Employee Rights eNews is published the
first week of the month, 12 weeks per year. From
time to time we will publish special features that
affect employees in the workplace. We may also
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Note: Any and all information provided within this
Newsletter/Ezine is for educational and general
information purposes only. It is NOT INTENDED as
legal advice. Please review this specific disclaimer;
Written by Yancey Thomas Jr.
(c)copyright 2012 You-Can-Learn-Basic-Employee-Rights.com