Weekly Updates and News Weekly (3/2/20)
This week’s contents:
Topic of the Week Worker Classifications
- What are my rights as a private sector employee?
- What are my rights as a union employee?
- What are my rights as an independent contractor?
What are my rights as a private sector employee?
In most states, the law presumes that private sector employees are employed “at will.” The employment-at-will doctrine is that both employer and employee can end the employment relationship at any time without notice or reason. This means that your employer has the right to terminate your employment at any time, for any reason, or for no reason at all or for a bad reason, so long as the reason is not illegal — even if your performance has been outstanding. The other side of the “at will” coin is that you, as an employee, can quit your job for any reason at any time. You cannot be forced to work for an employer. You don’t have to give your employer a reason for quitting.
The presumption for most non-union, non-governmental employees is that employment continues only at the will, whim, and discretion of the parties. If you are fired from your employment without just cause, you will be entitled to unemployment compensation benefits, but nothing more. Because of the employment-at-will doctrine, an unfair or unjust termination, without more, does not necessarily mean that your employer has done anything illegal.
Being fired because your boss just doesn’t like you, or wants to hire her cousin to take your job, or has set impossible standards without giving you a chance to prove yourself, doesn’t mean that your employer has necessarily done anything illegal. None of these bad motives alone is illegal. Also, the fact that you have worked hard for many years and were a good performer does not, standing alone, protect you from termination.
Most people believe an employer has a legal duty to treat employees fairly. Many people think an employer cannot fire an employee without just cause. Unfortunately, the general law is to the contrary. Because of the “employment-at-will” doctrine, employees have no general protection against unfair treatment. There is no “just cause” protection for non-union, non-government employees in the United States. This lack of protection is now the exception among highly industrialized countries. For example, all the countries of Western Europe have legislation prohibiting employers from discharging workers without just cause. In this country, the state of Montana, Puerto Rico, and the Virgin Islands have statutes prohibiting unjust termination. However, as of this writing, no other states have similar laws protecting employees. As a result, each year thousands of employees in the rest of the country are terminated unfairly and have no legal remedy to correct the injustice.
There are noteworthy exceptions to employment at will. Some commentators have stated that the at-will doctrine has been drastically eroded, and that the exceptions are now so numerous as to have “swallowed the rule.” The presumption of at-will employment can be rebutted by the relationship between a particular employer and employee. For example, there may be an employment contract which forbids unfair or arbitrary discharges. Many federal and state statutes place restrictions on the right to discharge. There are many laws forbidding various kinds of discrimination and other forms of wrongful discharge. For example, you cannot be fired solely because you are a woman. You cannot be fired because your supervisor does not like your religion. You cannot be fired for taking time off for jury duty. These and other exceptions to employment at will are discussed in later sections.
What are my rights as a union employee?
The collective bargaining agreement between a union and an employer determines a union employee’s rights. To determine whether a certain employment decision, for example, termination or demotion, was illegal, a union employee must first look to the collective bargaining agreement (CBA or contract).
Union employees are not usually employees at will. The collective bargaining agreement contains rules governing when and how discipline and discharge shall be meted out. The CBA generally drastically limits the employer’s ability to fire employees at will. Usually the employer must have just cause to terminate a union member’s employment. The union member has an established grievance procedure to challenge the reasons for his or her termination. Union employers often are required to utilize progressive discipline and issue written warnings prior to dismissal.
Employers must permit union members to use applicable grievance procedures to challenge decisions made about their employment. When employers and employees are unable to agree to a resolution of the grievance, the union typically has the right to have the matter submitted to an impartial arbitrator for a final and binding decision. Arbitrators often have the power to reinstate employees with or without backpay and their rulings are enforceable in court.
All union members have the right to see their union contract. If you don’t understand some of the provisions of the CBA, contact the union and speak to a representative. Your union exists to represent your interests, and should be able to explain your employment rights to you.
What are my rights as an independent contractor?
If you are a true independent contractor, you are not an employee. Most federal and state laws protecting employees do not apply to self-employed, independent contractors. When a company does not retain the right to control and supervise the individual’s time, work performance, method of work, job activities and working conditions, there usually is no employment relationship. In determining the independent contractor issue, courts also often look at whether the individual is truly in business for himself or whether as a matter of economic reality, he or she is solely dependent on the company.
Thought of the Week
“Worker classification is important because it determines if an employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on wages paid to an employee. Businesses normally do not have to withhold or pay any taxes on payments to independent contractors. The earnings of a person working as an independent contractor are subject to self-employment tax.”
–IRS: Understanding Employee vs. Contractor Designation
Weekly Comic by Jerry King
Blog of the Week
Top Five News Headlines
List of the Week
from iOffice Corp
Gig Economy Statistics
- 36% of U.S. workers participate in the gig economy through either their primary or secondary jobs.
- 29% of all workers in the United States have an alternative work arrangement as their primary job.
- Nearly 40% of the American workforce now makes at least 40% of their income via gig work.
Weekly Updates and News Weekly: Archive
Select a date from the list below.
- December 28, 2020
- December 14, 2020
- December 7, 2020
- November 23, 2020
- November 16, 2020
- November 9, 2020
- November 2, 2020
- October 26, 2020
- October 12, 2020
- October 5, 2020
- September 28, 2020
- September 21, 2020
- September 14, 2020
- September 7, 2020
- August 31, 2020
- August 24, 2020
- August 17, 2020
- August 10, 2020
- July 27, 2020
- July 20, 2020
- July 13, 2020
- July 6, 2020
- June 22, 2020
- June 15, 2020
- June 1, 2020
- May 25, 2020
- May 18, 2020
- May 11, 2020
- May 4, 2020
- April 27, 2020
- April 20, 2020
- April 13, 2020
- April 6, 2020
- March 30, 2020
- March 23, 2020
- March 16, 2020
- March 9, 2020
- March 2, 2020
- February 24, 2020
- February 17, 2020
- February 10, 2020
- February 3, 2020
- January 27, 2020
- January 20, 2020
- January 13, 2020
- December 23, 2019
- December 16, 2019
- December 9, 2019
- December 2, 2019
- November 25, 2019
- November 18, 2019
- November 11, 2019
- November 4, 2019
- October 28, 2019
- October 7, 2019
- September 30, 2019
- September 16, 2019
- September 2, 2019
- August 26, 2019
- July 29, 2019
- July 15, 2019
- June 17, 2019
- June 10, 2019
- May 6, 2019
- April 29, 2019
- April 22, 2019
- April 15, 2019
- April 8, 2019
- March 25, 2019
- March 11, 2019
- March 4, 2019
- February 25, 2019
- February 18, 2019
- February 11, 2019
- January 28, 2019
- January 21, 2019
- January 14, 2019
- December 17, 2018
- December 3, 2018
- November 26, 2018
- November 5, 2018
- October 29, 2018
- October 15, 2018
- October 8, 2018
- October 1, 2018
- September 24, 2018
- September 10, 2018
- September 3, 2018
- August 29, 2018
- August 6, 2018
- July 23, 2018
- June 25, 2018
- June 18, 2018
- June 11, 2018
- June 4, 2018
- May 28, 2018
- May 21, 2018
- May 7, 2018
- April 30, 2018
- April 23, 2018
- April 16, 2018
- April 9, 2018
- April 2, 2018
- March 26, 2018
- March 19, 2018
- March 12, 2018
- February 26, 2018
- February 5, 2018
- January 29, 2018
- January 22, 2018
- January 8, 2018
- January 1, 2018
- December 18, 2017
- December 11, 2017
- December 4, 2017
- November 27, 2017
- November 13, 2017
- November 6, 2017
- October 30, 2017
- October 23, 2017
- October 16, 2017
- October 9, 2017
- October 2, 2017
- September 25, 2017
- September 18, 2017
- September 11, 2017
- September 4, 2017
- August 28, 2017
- August 21, 2017
- August 14, 2017
- August 7, 2017
- July 31, 2017
- July 24, 2017
- July 17, 2017
- July 3, 2017
- June 26, 2017
- June 12, 2017
- June 5, 2017
- May 29, 2017
- May 22, 2017
- May 15, 2017
- May 8, 2017
- May 1, 2017
- April 24, 2017
- April 19, 2017
- April 10, 2017
- April 3, 2017
- March 20, 2017
- March 13, 2017
- March 6, 2017
- February 27, 2017
- February 20, 2017
- February 13, 2017
- February 6, 2017
- January 30, 2017
- January 23, 2017
- January 16, 2017
- January 9, 2017
- January 2, 2017
- December 19, 2016
- December 12, 2016
- December 5, 2016
- November 21, 2016
- November 14, 2016
- November 7, 2016
- October 31, 2016
- October 24, 2016
- October 17, 2016
- October 10, 2016
- October 3, 2016
- September 26, 2016
- September 19, 2016
- September 12, 2016
- September 5, 2016
- August 29, 2016
- August 22, 2016
- August 15, 2016
- August 8, 2016
- August 1, 2016
- July 25, 2016
- July 18, 2016
- July 11, 2016
- July 4, 2016
- June 27, 2016
- June 20, 2016
- June 13, 2016
- June 6, 2016
- May 30, 2016
- May 23, 2016
- May 16, 2016
- May 9, 2016
- May 2, 2016
- April 25, 2016
- April 18, 2016
- April 11, 2016
- April 4, 2016
- March 28, 2016
- March 21, 2016
- March 14, 2016
- March 7, 2016
- February 29, 2016
- February 22, 2016
- February 15, 2016
- February 8, 2016
- February 1, 2016
- January 25, 2016
- January 18, 2016
- January 11, 2016
- January 4, 2016
- December 21, 2015
- December 14, 2015
- December 7, 2015
- November 30, 2015
- November 23, 2015
- November 16, 2015
- November 9, 2015
- November 2, 2015
- October 26, 2015
- October 19, 2015
- October 12, 2015
- October 5, 2015
- September 28, 2015
- September 21, 2015
- September 14, 2015
- September 7, 2015
- August 31, 2015
- August 24, 2015
- August 17, 2015
- August 10, 2015
- August 3, 2015
- July 27, 2015
- July 20, 2015
- July 13, 2015
- July 6, 2015
- June 29, 2015
- June 22, 2015
- June 15, 2015
- June 8, 2015
- June 1, 2015
- May 25, 2015
- May 18, 2015
- May 11, 2015
- May 4, 2015
- April 27, 2015
- April 20, 2015
- April 13, 2015
- April 6, 2015
- March 30, 2015
- March 23, 2015
- March 16, 2015
- March 9, 2015
- March 2, 2015
- February 23, 2015
- February 16, 2015
- February 9, 2015
- February 2, 2015
- January 26, 2015
- January 19, 2015
- January 12, 2015
- January 5, 2015
- December 29, 2014
- December 15, 2014
- December 8, 2014
- December 1, 2014
- November 7, 2014
- October 15, 2014
- October 8, 2014
- October 1, 2014
- September 24, 2014
- September 17, 2014
- September 11, 2014
- September 3, 2014
- August 19, 2014
- July 14, 2014
- June 24, 2014
- June 9, 2014
- May 26, 2014
- May 19, 2014
- May 5, 2014
- April 27, 2014
- April 14, 2014
- April 8, 2014
- April 2, 2014
- March 24, 2014
- March 18, 2014
- March 10, 2014
- March 3, 2014
- February 24, 2014
- February 17, 2014
- February 3, 2014
- January 27, 2014
- January 20, 2014
- December 30, 2013
- December 11, 2013
- December 4, 2013
- November 20, 2013
- November 12, 2013
- October 30, 2013
- October 21, 2013
- October 8, 2013
- October 1, 2013
- September 23, 2013
- September 20, 2013
- September 9, 2013
- September 4, 2013
- August 27, 2013
- August 19, 2013
- August 12, 2013
- August 5, 2013
- July 30, 2013
- July 22, 2013
- July 8, 2013
- July 1, 2013
- June 24, 2013
- June 17, 2013
- June 10, 2013
- June 3, 2013
- May 20, 2013
- May 13, 2013
- May 6, 2013
- April 29, 2013
- April 23, 2013
- April 16, 2013
- April 15, 2013
- April 8, 2013
- April 1, 2013
- March 26, 2013
- March 18, 2013
- March 12, 2013
- March 5, 2013
- February 25, 2013
- February 19, 2013
- February 4, 2013
- January 28, 2013
- January 22, 2013
- January 14, 2013
- January 7, 2013
- January 2, 2013
- December 24, 2012
- December 17, 2012
- December 10, 2012
- December 3, 2012
- November 26, 2012
- November 19, 2012
- October 29, 2012
- October 22, 2012
- October 15, 2012
- October 8, 2012
- October 1, 2012
- September 24, 2012
- September 17, 2012
- September 10, 2012
- September 4, 2012
- August 27, 2012
- August 20, 2012
- August 14, 2012
- August 6, 2012
- July 30, 2012
- July 23, 2012
- July 9, 2012
- June 19, 2012
- June 11, 2012
- June 4, 2012
- May 29, 2012
- May 21, 2012
- May 8, 2012
- April 30, 2012
- April 23, 2012
- April 16, 2012
- April 2, 2012
- March 27, 2012
- March 19, 2012
- March 13, 2012
- March 6, 2012
- February 14, 2012
- February 6, 2012
- January 30, 2012
- January 17, 2012
- January 9, 2012
- January 3, 2012
- December 27, 2011
- December 12, 2011
- November 27, 2011
- November 20, 2011
- November 13, 2011
- November 7, 2011
- October 24, 2011
- October 17, 2011
- October 10, 2011
- October 3, 2011
- September 26, 2011
- September 12, 2011
- September 5, 2011
- August 29, 2011
- August 1, 2011
- July 11, 2011
- July 4, 2011
- June 27, 2011
- June 20, 2011
- May 23, 2011
- May 9, 2011
- April 26, 2011
- April 18, 2011
- April 14, 2011
- April 5, 2011
- March 28, 2011
- March 21, 2011
- March 7, 2011
- February 28, 2011
- February 21, 2011
- February 15, 2011
- February 7, 2011
- January 24, 2011
- January 3, 2011
- December 20, 2010
- December 13, 2010
- December 6, 2010
- November 21, 2010
- November 14, 2010
- November 8, 2010
- November 1, 2010
- October 18, 2010
- October 4, 2010
- September 27, 2010
- September 20, 2010
- September 6, 2010
- August 30, 2010
- August 16, 2010
- August 9, 2010
- August 2, 2010
- July 26, 2010
- July 19, 2010
- July 12, 2010
- June 28, 2010
- June 21, 2010
- June 14, 2010
- June 7, 2010
- May 31, 2010
- May 24, 2010
- May 17, 2010
- May 10, 2010
- May 3, 2010
- April 26, 2010
- April 19, 2010
- April 12, 2010
- April 5, 2010
- March 29, 2010
- March 22, 2010
- March 15, 2010
- March 8, 2010
- March 1, 2010
- February 22, 2010
- February 14, 2010
- February 8, 2010
- February 1, 2010
- January 25, 2010
- January 18, 2010
- January 11, 2010
- January 4, 2010
- December 28, 2009
- December 21, 2009
- December 14, 2009
- December 7, 2009
- November 30, 2009
- November 22, 2009
- November 15, 2009
- November 8, 2009
- November 1, 2009
- October 26, 2009
- October 12, 2009
- October 5, 2009
- September 28, 2009
- September 21, 2009
- September 14, 2009
- September 6, 2009
- August 31, 2009
- August 17, 2009
- August 10, 2009
- August 3, 2009
- July 27, 2009
- July 20, 2009
- July 13, 2009
- July 6, 2009
- June 29, 2009
- June 22, 2009
- June 15, 2009
- June 8, 2009
- June 1, 2009
- May 25, 2009
- May 18, 2009
- May 8, 2009
- April 27, 2009
- April 20, 2009
- April 13, 2009
- April 6, 2009
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- March 23, 2009
- March 16, 2009
- March 8, 2009
- March 2, 2009