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Abortion, Civil Rights and other Social Issues Abortion, Civil Rights, Homosexuality, Education, and other issues except health care.

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  #376 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defence, promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.
It is in our social contract and Constitution. As a form of social justice, equal protection of the laws is a fundamental principle, and is embodied in the due process clause.
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  #377 (permalink)  
Old 07-13-2009
Joint Chiefs of Staff Member

 
Member Since: Dec 2008
Location: Texas
Posts: 1,817

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
It is in our social contract and Constitution. As a form of social justice, equal protection of the laws is a fundamental principle, and is embodied in the due process clause.
its not. it doesn't say anything in there about you confiscating my property in the form of inordinately high taxes to give to the poor. i don't see that shit anywhere in there. swing an a miss. try again slugger
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  #378 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
UNEMPLOYMENT INSURANCE CODE
SECTION 100-102



100. As a guide to the interpretation and application of this
division the public policy of this State is declared as follows:
Experience has shown that large numbers of the population of
California do not enjoy permanent employment by reason of which their
purchasing power is unstable. This is detrimental to the interests
of the people of California as a whole.
The benefit to all persons resulting from public and private
enterprise is realized in the final consumption of goods and
services. It is contrary to public policy to permit the supply of
consumption goods and services at prices which do not provide against
that harm to the population consequent upon periods of unemployment
of those who contribute to the production and distribution of such
goods and services.
Experience has shown that private charity and local relief cannot
alone prevent the effects of unemployment. Experience has shown that
if the State awaits the coming of excessive unemployment it can
neither create immediately the organization necessary to orderly,
economical and effective relief nor bear the financial burden of
relief without disrupting its whole system of ordinary revenues and
without jeopardizing its credit.
The Legislature therefore declares that in its considered judgment
the public good and the general welfare of the citizens of the State
require the enactment of this measure under the police power of the
State, for the compulsory setting aside of funds to be used for a
system of unemployment insurance providing benefits for persons
unemployed through no fault of their own, and to reduce involuntary
unemployment and the suffering caused thereby to a minimum.
It is the intent of the Legislature that unemployed persons
claiming unemployment insurance benefits shall be required to make
all reasonable effort to secure employment on their own behalf.



101. This part is a part of a national plan of unemployment
reserves and social security, and is enacted for the purpose of
assisting in the stabilization of employment conditions. The
imposition of the tax herein imposed upon California industry alone,
without a corresponding tax being imposed upon all industry in the
United States, would, by the corresponding penalty upon California
industry, defeat the very purposes of this law as set forth in this
article. Therefore when existing federal legislation which provides
for a tax upon the payment of wages by employers in this State,
against which all or any part of the employer contributions required
under this part may be credited is repealed, amended, interpreted,
affected or otherwise changed in such manner that no portion of such
contributions may be thus credited, then upon the date of such
change, the provisions of this part requiring employer contributions
and providing for payment of unemployment compensation benefits shall
cease to be operative and any assets in the Unemployment Fund or
Unemployment Administration Fund shall in the discretion of the State
Treasurer be held in the then existing depositaries or otherwise in
the State Treasury. In the case of the Unemployment Administration
Fund, such money may thereafter be dealt with by the State Treasurer
pursuant to the conditions of the grant thereof to the State by the
United States Government or agency thereof.



102. All the rights, privileges or immunities conferred by this
division or by acts deemed pursuant thereto shall exist subject to
the power of the Legislature to amend or repeal this division at any
time.
We already have a War on Poverty.

If it isn't accomplished by our elected representatives to government, it could be accomplished by the courts.

California is an at-will employment state.
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  #379 (permalink)  
Old 07-13-2009
Joint Chiefs of Staff Member

 
Member Since: Dec 2008
Location: Texas
Posts: 1,817

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
We already have a War on Poverty.

If it isn't accomplished by our elected representatives to government, it could be accomplished by the courts.
the courts lack that power. all they do is enforce laws.


now i still don't see anywhere in there anything about unemployment at will. looks like thats because *gasp* its a bad idea.

hell yall are about to go bankrupt. maybe its a bad idea to emulate you.
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  #380 (permalink)  
Old 07-13-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

It follows from at-will employment doctrine and state at-will employment laws. In principle, the party claiming for-cause employment stipulations should also bear the burden of proof of such an employment contract.

Quote:
In general, judicial review of formal agency adjudication is limited to questions of law, and administrative findings of fact are binding on the courts unless unsupported by substantial evidence.

Questions of law include allegations that constitutional or statutory rights have been denied, failure to observe required procedures, and the agency's scope of authority.
Quote:
In California, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In California, the at-will presumption can be overcome by evidence that despite the absence of a specified term of employment, the parties agreed who the employer's power to terminate would be limited in some way.

Source: http://research.lawyers.com/Californ...alifornia.html
If employment in California is at-will, how can any agency require for-cause stipulations in any employment related decision?

Last edited by danielpalos; 07-13-2009 at 05:42 PM.
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  #381 (permalink)  
Old 07-13-2009
Joint Chiefs of Staff Member

 
Member Since: Dec 2008
Location: Texas
Posts: 1,817

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
It follows from at-will employment doctrine and state at-will employment laws. In principle, the party claiming for-cause employment stipulations should also bear the burden of proof of such an employment contract.





If employment in California is at-will, how can any agency require for-cause stipulations in any employment related decision?
dude you just posted the statute. read it and learn something.


they are two different things (being employed and receiving unemployment) for the specific reason of stopping hippies like you with this retarded pipe dream.
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  #382 (permalink)  
Old 07-14-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

It seems to me, that one is dependent upon the other in at any given at-will employment state. If the employment was at-will and was terminated at-will; there should be no basis for just-cause (for-cause) stipulations by any other organ of the state.

On what basis does any organ of the state justify for-cause (just-cause) stipulations if the employment is at-will?

This area of the law is still evolving, with some of the opposing viewpoint wanting to abolish at-will employment and replace it with contract employment (for-cause).

I am of the opinion that at-will employment is protected by our Ninth Amendment concerning social contracts that result in employment. Unemployment compensation, at-will, could solve poverty in our republic.

Last edited by danielpalos; 07-14-2009 at 03:13 AM.
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  #383 (permalink)  
Old 07-14-2009
Joint Chiefs of Staff Member

 
Member Since: Dec 2008
Location: Texas
Posts: 1,817

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
It seems to me, that one is dependent upon the other in at any given at-will employment state. If the employment was at-will and was terminated at-will; there should be no basis for just-cause (for-cause) stipulations by any other organ of the state.

On what basis does any organ of the state justify for-cause (just-cause) stipulations if the employment is at-will?

This area of the law is still evolving, with some of the opposing viewpoint wanting to abolish at-will employment and replace it with contract employment (for-cause).

I am of the opinion that at-will employment is protected by our Ninth Amendment concerning social contracts that result in employment. Unemployment compensation, at-will, could solve poverty in our republic.
they aren't. employment is different than receiving unemployment benefits.

one is governed by an at will doctrine. the other is for cause. why? because they are two seperate issues. getting a job. and being compensated for unfairly losing one.

you could actually make the argument that since its at will NO ONE deserves unemployment at all. that is if you go by your logic.
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  #384 (permalink)  
Old 07-14-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

How can that be, if they are predicated upon current employment statutes in any given state? By what latitude of construction, does any organ of an at-will employment state, find any rationale for justifying for-cause employment stipulations, without having to prove for-cause employment, in the same manner that a former employee would have to prove that type of employment under common law of an at-will employment state? If the state can simply resort to hypocrisy with the full faith and credit of public acts, why should any individual be more moral than that form of moral tradition and precedent?

Why would someone not qualify for unemployment compensation at-will, in any at-will employment state?

California recognizes at-will employment doctrine and has an at-will employment statute, as a form of state law. The unemployment insurance code denying and disparaging equal protection of at-will employment doctrine and state at-will employment laws, would be more consistent in its reasoning if California were a for-cause employment state.

Last edited by danielpalos; 07-14-2009 at 11:21 AM.
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  #385 (permalink)  
Old 07-14-2009
Joint Chiefs of Staff Member

 
Member Since: Dec 2008
Location: Texas
Posts: 1,817

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
How can that be, if they are predicated upon current employment statutes in any given state? By what latitude of construction, does any organ of an at-will employment state, find any rationale for justifying for-cause employment stipulations, without having to prove for-cause employment, in the same manner that a former employee would have to prove that type of employment under common law of an at-will employment state? If the state can simply resort to hypocrisy with the full faith and credit of public acts, why should any individual be more moral than that form of moral tradition and precedent?

Why would someone not qualify for unemployment compensation at-will, in any at-will employment state?

California recognizes at-will employment doctrine and has an at-will employment statute, as a form of state law. The unemployment insurance code denying and disparaging equal protection of at-will employment doctrine and state at-will employment laws, would be more consistent in its reasoning if California were a for-cause employment state.
they aren't. thats WHY they have their own statute. because theyre two different things. which is why your state doesn't have at will unemployment. and neither do any others.
well that and the fact that its stupid. but don't let that stop you
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  #386 (permalink)  
Old 07-14-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

That is the point of my argument, if were you were paying attention.

Both laws are contradictory and therefore, both cannot be correct.

California recognizes at-will employment doctrine and has an at-will employment statute (labor code 2922).

The California legislature may not have been fully cognizant of at-will employment doctrine when they created the unemployment insurance code.

As a social safety net, unemployment compensation; that conforms to at-will employment doctrine and state at-will employment laws is much more efficient than our current social safety net infrastructure; and is a form of market based metric.
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  #387 (permalink)  
Old 07-14-2009
Joint Chiefs of Staff Member

 
Member Since: Dec 2008
Location: Texas
Posts: 1,817

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
That is the point of my argument, if were you were paying attention.

Both laws are contradictory and therefore, both cannot be correct.

California recognizes at-will employment doctrine and has an at-will employment statute (labor code 2922).

The California legislature may not have been fully cognizant of at-will employment doctrine when they created the unemployment insurance code.

As a social safety net, unemployment compensation, that conforms to at-will employment doctrine and state at-will employment laws is much more efficient than our social safety net infrastructure; and is a form of market based metric.
they aren't contradictory. you can quit or get a job at will. that means you aren't a serf who MUST stay at such and such a job forever. thats all that means.
unemployment insurance is a whole different animal.
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  #388 (permalink)  
Old 07-14-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

Unemployment insurance should be more compatible with at-will employment doctrine and state at-will employment laws.

California is an at-will employment state that recognizes at-will employment doctrine.

Simply requiring for-cause stipulations could be considered a violation of that doctrine and those state laws.
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  #389 (permalink)  
Old 07-14-2009
Cari's Avatar
Secretary of Defense

 
Member Since: Jul 2009
Location: I'm on a boat
Posts: 2,082

   
Re: Theory on 'Official Poverty' Relating to Racism

Quote:
Originally Posted by danielpalos View Post
Unemployment insurance should be more compatible with at-will employment doctrine and state at-will employment laws.

California is an at-will employment state that recognizes at-will employment doctrine.

Simply requiring for-cause stipulations could be considered a violation of that doctrine and those state laws.

I have not read this entire thread, so I hope that I am not jumping in and not understanding what is going on.

Texas, where I live, is also an at-will employment state. If you are an at-will employee, then you work for an at-will employer. As the employee, you can quit whenever you like. As long as you are not breaking any laws, as the employer you can fire someone whenever you like.

The state has employment insurance to make sure the employee doesn't become destitute because the employer decided to let them go. If the employer can demonstrate the actions of the employee forced them to fire them, then the employee is not eligible for the insurance.
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  #390 (permalink)  
Old 07-14-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,342

   
Re: Theory on 'Official Poverty' Relating to Racism

If the employment is at-will; and in full compliance with at-will employment doctrine and state at-will employment laws, why should any organ of that same state require just-cause (for-cause) employment stipulations?

Quote:
At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., a union). Under this legal doctrine:

“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[1] ”

Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee.

As a means of downsizing, such as closing an unprofitable factory, a company may terminate employees en masse. However, there are legal limitations upon the employer's ability to terminate without reason.

Source: At-will employment - Wikipedia, the free encyclopedia
Quote:
Employers have two possible methods of operating the personnel side of their business: Employment-at-Will or Just-Cause. The reason for focusing on just-cause employment is that legislation and court decisions, especially in the 1980s, have eroded the concept of Employment-at-Will.

Source: Just Cause vs. Employment-At-Will
Quote:
A major distinction is whether an employee is considered to be employed on a "for cause" or "at-will" basis. Generally, a "for cause" employment agreement allows the employer:

* To terminate the employee for any reason so long as they pay a negotiated severance.
* To terminate the employee for good cause reasons, so long as the employee is first given a warning notice when appropriate.

These agreements should only be used when negotiated for by the employee.

Source: Employment Agreement (For Cause)
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