I've heard about employers that make a new employee sign a resignation letter on your first day of employment. Then they keep in in a drawer until they want to fire the employee.

It seems to me that DD would be better off having something that states they can fire you for no reason whatsoever at any time. It would make more sense because it's obvious that they can't fire you for any reason.

In Texas you can be fired for any reason at any time. It's a right-to-work state.

RagingLeonard: right-to-work state.

That is not what right to work means. I think the phrase you're looking for is 'at will' or 'fire at will'.

Eddy Gurge: RagingLeonard: right-to-work state.

That is not what right to work means. I think the phrase you're looking for is 'at will' or 'fire at will'.

It's a "right to work" state also, and the two are slightly inter-related.

As far as the "at will" part, I can fire you at will (I own a company in Texas), but you still end up paying your unemployment unless I had a damn good reason to fire you.

Kyosuke: and the two are slightly inter-related

Perhaps they are common to have both in many states, Right to Work is strictly related to giving people a choice whether or not they must join a union as a condition of employment.

Three police cars arrived several minutes later and asked all protesters to leave. Upon request from the management, the police asked McKay to collect the letters he had distributed.

The only correct answer to that request is....."No, does no work for you?"

It's the rare situation where technically everyone's right.

Dunkin' Donuts is right that they can make employees sign a piece of paper saying that Dunkin' Donuts gets to eat their babies if it wants to, and that having this signed piece of paper will probably make the employees a little more servile.

The state is right that there's nothing illegal about an unenforceable contract, and that employees can't give up their civil rights no matter what.

The union is right that this is an enormous dick-move, the sort of thing a paranoid corporate lawyer had a wet dream about one night. Ohhh, scary $6/hr workers... so disgustingly working class... I'll fark them up the ass AND make them fear me all at once... mmm.

semiotix: It's the rare situation where technically everyone's right.

Dunkin' Donuts is right that they can make employees sign a piece of paper saying that Dunkin' Donuts gets to eat their babies if it wants to, and that having this signed piece of paper will probably make the employees a little more servile.

The state is right that there's nothing illegal about an unenforceable contract, and that employees can't give up their civil rights no matter what.

The union is right that this is an enormous dick-move, the sort of thing a paranoid corporate lawyer had a wet dream about one night. Ohhh, scary $6/hr workers... so disgustingly working class... I'll fark them up the ass AND make them fear me all at once... mmm.

damn.

well, not much point in me posting in THIS thread anymore....

What a stupid story. That is standard language in non-government, non-union employment contracts from minimum wage burger flippers up through highly paid professionals. You can be fired for any reason except a short list of prohibited reasons, or for no reason at all. That is true whether or not there is explicit language in your contract saying so.

LaChanz: It seems to me that DD would be better off having something that states they can fire you for no reason whatsoever at any time. It would make more sense because it's obvious that they can't fire you for any reason.

I'm in Ohio, and the laws may be different, but my company does just exactly that. The law here is that anyone can be fired for no reason, we just include it on the application.

Con_Authority: I've heard about employers that make a new employee sign a resignation letter on your first day of employment. Then they keep in in a drawer until they want to fire the employee.

I would sign it with my left hand (Different handwriting style.) and misspell my name.

Getting serious. Don't resignation letters have to be dated? All my resignation letters have been signed AND dated in my handwriting.

What would they do if an employee refused to sign?

CheddarPants: What would they do if an employee refused to sign?

Not hire them?

Much like Texas, in Washington state your employer can let you go any time they want. They don't even need a reason.

However, unless you are fired "with cause" you still get unemployment. That's not much for a Dunkin Donuts employee, but it's something.

Sadly, in Wisconsin they can.

I think Dunkin Donuts guy is pretty cool guy. eh wakes up early "time to make the donuts" and doesn't afraid of anything

RagingLeonard: In Texas you can be fired for any reason at any time. It's a right-to-work state.

Is that comment weather-related, gun-related, or asshole-related?.

Yes, they see me trollin', they hatin'.

I would boycott them except that 1) i loathe coffee, and 2) DD gives my heart burn. Ergo i dont go there anyway.

Con_Authority: I've heard about employers that make a new employee sign a resignation letter on your first day of employment. Then they keep in in a drawer until they want to fire the employee.
==========

I'm not doubting you, but if that's true, it would prevent the employee from collecting unemployment.

If I was asked to do such a thing, I would make sure I wrote the date in very large letters, across the entire letter, so that if there was an unemployment hearing about the denial of benefits, so that the discrepency of dates could be glaringly obvious.

RagingLeonard: In Texas you can be fired for any reason at any time. It's a right-to-work state.

You can't be fired for being to old, pregnant, etc, those are federally protected conditions.

I'm amazed that someone went to the hassel of setting up a protest over something so moronic. Of course they can not fire you on the basis of Race, religion.... However they can fire you for being a moron or an ass.

I'm personally shocked that a legal contract would state things beyond what is legally enforceable. Look at how many quick contracts state you can't sue the company, but we do anyway....

Mongo cut wood: Sadly, in Wisconsin they can.

No, they can't. They can for a number of reasons, but can't fire you because you are a Catholic. They can't fire you because you are black. They can't fire you because you are a woman.

/they can fire you for no reason.

Leeroy Jenkems: I think Dunkin Donuts guy is pretty cool guy. eh wakes up early "time to make the donuts" and doesn't afraid of anything

With an intimidating profile pic costume like yours, I can't imagine you does afraid of anything either.

The law in Texas says, anyone who wishes to quit a job may quit for any reason. No one can be held at a job against his/er will.

The law also says, an employee may be dismissed at any time, and no employer is obligated to keep an employee his/er wishes.

If I am firing an employee I am not obligated to give any reason at all. If called to question on the subject, the easiest way out is to say that the business climate didn't justify the expense of keeping him/er on the payroll, or the amount of production didn't justify the salary expense.

Damn hard to prove, and no case either way.

FTA:
Workers can't be fired for any reason. If you're pregnant, if you're hurt at work, if you're in the National Guard, if you're Catholic, you can't be fired for those reasons," said Jack McKay

Doesn't Federal Discrimination Law cover most, if not all of those?

Who cares what a dozen and a half layabout malingerers in Maine do. Is the greenlight button in Freeport today?

olddinosaur: The law in Texas says, anyone who wishes to quit a job may quit for any reason. No one can be held at a job against his/er will.

The law also says, an employee may be dismissed at any time, and no employer is obligated to keep an employee his/er wishes.

If I am firing an employee I am not obligated to give any reason at all. If called to question on the subject, the easiest way out is to say that the business climate didn't justify the expense of keeping him/er on the payroll, or the amount of production didn't justify the salary expense.

Damn hard to prove, and no case either way.

But then they get unemployment.

feckingmorons: Who cares what a dozen and a half layabout malingerers in Maine do. Is the greenlight button in Freeport today?

Florida can't hog all the dumb.

RagingLeonard: In Texas you can be fired for any reason at any time. It's a right-to-work state.

Hahaha...no.

Fixing the article: Three police cars arrived several minutes later and asked all protesters to leave. Upon request from the management, the police asked McKay to collect the letters he had distributed buy them all donuts and coffee since they missed their break..

Our evil HR biatch cackles frequently about us slaves "working at will". She's in for a surprise, though. She thinks Florida law applies to us because our head office is here in Florida. In fact, we are a federally regulated transportation company. They owe me some back pay, and I think I'll suggest a class action suit is in order when I leave. Within a couple of weeks, now.

I hate that biatch with a passion.

LaChanz: Florida can't hog all the dumb.

Oh, it certainly can... It's just taking today off, or something. Maybe observing the Sabbath or whatever....
Ummm.... yeah

Uncle Karl: If I am firing an employee I am not obligated to give any reason at all. If called to question on the subject, the easiest way out is to say that the business climate didn't justify the expense of keeping him/er on the payroll, or the amount of production didn't justify the salary expense.

Damn hard to prove, and no case either way.

If somebody is bringing suit against you for an illegal firing, they'll probably have some circumstantial evidence which has led them to believe that it was illegal in some way. And circumstantial evidence can be enough to prove their case by civil standards. Once they get into court and plead their case, the burden actually shifts to the business to prove that the firing was not illegal. You can't just say, "The business climate didn't justify the expense." You would have to prove it and refute the person's argument that they were illegally fired.

LaChanz 2008-04-27 02:38:41 PM
Mongo cut wood: Sadly, in Wisconsin they can.

No, they can't. They can for a number of reasons, but can't fire you because you are a Catholic. They can't fire you because you are black. They can't fire you because you are a woman.

/they can fire you for no reason.


If they want to fire you, they can come up with an excuse. I was wrote up 3 days after being taken to the ER with heart troubles. I had also injured my back from shoveling heavy snow. Wisconsin is an At Will state.

Whoops, sorry. That was a response to olddinosaur, not Uncle Karl.

Which is why most businesses will fire you for NO reason.

They don't really have to fire you. They can just make it so uncomfortable to work there that you have to leave.

They can give you the most inconvenient shifts, cut your hours, make 'mistakes' on your paychecks that take a few weeks to iron out, put a bug in the other employees ears that make them hate you, etc.

I'm an empoyee at dunkin donuts so i'm getting a kick out of these replies.

Quinzy: I'm personally shocked that a legal contract would state things beyond what is legally enforceable. Look at how many quick contracts state you can't sue the company, but we do anyway....

Most contracts of adhesion you sign with companies aren't completely valid. They just throw some clauses in there like "customer assumes all risk" because it doesn't cost them anything and if it fools even one person then it was worth it. Worst case scenario, a court just strikes it out. They know it won't hold up in a suit, but they do it anyway.

equusdc: Which is why most businesses will fire you for NO reason.

Which means you at least get unemployment.

Mongo cut wood: If they want to fire you, they can come up with an excuse. I was wrote up 3 days after being taken to the ER with heart troubles. I had also injured my back from shoveling heavy snow. Wisconsin is an At Will state.

An excuse is a reason, whatever it may be. You CANNOT be fired because of race, religion, age or sex. It is a federal law. It is in fine print on most job applications. Hence, you can't be fired for any reason they want.

You know what? I don't care.

The only rule I care about at any restaurant is: "Employees must wash hands before returning to work."

Can'tLetYouDoThatStarFox: Quinzy: I'm personally shocked that a legal contract would state things beyond what is legally enforceable. Look at how many quick contracts state you can't sue the company, but we do anyway....

Most contracts of adhesion you sign with companies aren't completely valid. They just throw some clauses in there like "customer assumes all risk" because it doesn't cost them anything and if it fools even one person then it was worth it. Worst case scenario, a court just strikes it out. They know it won't hold up in a suit, but they do it anyway.
=============

Bingo. It's like those signs at carnivals and amusement parks that say "You Ride At Your Own Risk".
They aren't worth jack shiat.

LaChanz
Not exactly, those laws only apply to businesses with a certain number of employees.

Besides, I bet if you took a job as a stripper under the assumption you were female they could probably fire you if they found out you were a guy.

The term you are looking for is employment at will. If your state is an employment at will state you can be fired for ANY reason. You may have a federal claim if you fall under one of the federal protections such as age race, sex, disability, etc. but that just means you might get some compensation if you can prove your case and does not guarantee you will keep your job.


/the more you knooooooooooooow

Mongo cut wood If they want to fire you, they can come up with an excuse. I was wrote up 3 days after being taken to the ER with heart troubles. I had also injured my back from shoveling heavy snow. Wisconsin is an At Will state.

I think in "at will" state such as Maine they can terminate you without an excuse; and you can resign whenever you want without giving a reason.

Firing "for cause" is different, since that means you don't get unemployment benefits. The article implies they can use any excuse they want to fire for cause, but I doubt that's what the employment agreement actually says, since that's illegal.

What do you expect from a company owned by scumbags like the Carlyle Group?

Strange, I thought that "at will" employment was standard, even in the People's Republic of California.

JPINFV: Strange, I thought that "at will" employment was standard, even in the People's Republic of California.

Pretty much only in the USA.
The rest of the first world gives workers a little more.