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Re: Theory on 'Official Poverty' Relating to Racism
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Anyone discharged from at-will employment could simply claim they were "naturally" unemployed. |
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Re: Theory on 'Official Poverty' Relating to Racism
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It means no liability from for-cause stipulations due to an at-will employment relationship. Usually, one party has to prove for-cause employment existed, for it to be implied-in-fact. If the employment was at-will, how is any organ of the State, justified being in violation of existing State statutes (e.g. 2922 of the labor code), concerning the presumed form of employment, baring anything to the contrary? Last edited by danielpalos; 07-15-2009 at 03:55 PM. |
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Re: Theory on 'Official Poverty' Relating to Racism
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It would be a social safety net, but it would not be welfare as we currently know it, since it would comply with at-will employment doctrine and existing at-will employment laws. Unemployment compensation based on at-will employment doctrine would be compatible with any existing state laws that recognize that doctrine. In principle, anyone who is "naturally" unemployed could simply request unemployment compensation, at-will. It could be viewed as a privilege and immunity arising from our Ninth Amendment. |
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Re: Theory on 'Official Poverty' Relating to Racism
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Re: Theory on 'Official Poverty' Relating to Racism
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Requiring for-cause stipulations is contradictory to at-will employment doctrine and state at-will employment laws. Therefore, only for-cause employment relationships are regulated under that code. Employment at-will, has no basis for such regulation because there is no liability to either party for terminating that agreement with proper notice. |
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Re: Theory on 'Official Poverty' Relating to Racism
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one deals with employment at will, one deals with temporary benefits assigned to someone who is fired "through no fault of their own." seriously dude. game over. |
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Re: Theory on 'Official Poverty' Relating to Racism
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Re: Theory on 'Official Poverty' Relating to Racism
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As a matter of equity, the employee should be allowed to pay half of the cost and market based metric. A more accurate analogy to forms of insurance would be no-fault insurance. Under no-fault insurance each individual is responsible for their own actions. Quote:
Any denial and disparagement of the privilege and immunity to create and dissolve social contracts that result in employment, at-will, is a liability when it comes to unemployment compensation. The reason for this is that both the employer and employee both exercised their Ninth Amendment privilege and immunity to create an employment relationship that was at-will. Most EDD offices require for-cause stipulations without having to prove for-cause employment. This is a violation of at-will employment doctrine and state at-will employment laws. There is no basis for any EDD office to require for-cause stipulations in any at-will employment State. All employment is presumed to be at-will in any at-will employment State. The party claiming for-cause employment (stipulations) has the burden of proof that such an employment relationship existed. Last edited by danielpalos; 07-16-2009 at 12:09 PM. |
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Re: Theory on 'Official Poverty' Relating to Racism
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were talking about collecting unemployment benefits. two different things. governed by two different statutes |
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Re: Theory on 'Official Poverty' Relating to Racism
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Under at-will employment doctrine, a labor market participant can quit or be fired, at-will; without any liability of for-cause stipulations. Why should EDD rules be applicable to former at-will employees, if EDD presumes that the employment was for-cause? Those rules should only apply to individuals who have established a for-cause employment relationship. Quote:
Last edited by danielpalos; 07-16-2009 at 02:47 PM. |
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Re: Theory on 'Official Poverty' Relating to Racism
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Re: Theory on 'Official Poverty' Relating to Racism
As a simple matter of principle and common sense, at-will employment should be the presumption of any EDD office in any at-will employment state.
I still don't understand your argument since it doesn't make any sense to me. For the sake of argument, let's create a hypothetical scenario to explore the concept. If I am an employee, and you hire me at-will, and then fire me at-will; why would EDD claim that the employment relationship was for-cause, and create a liability for me (i.e. a lack of unemployment compensation in money based markets). Consider that we both agreed to a social contract that resulted in employment, under at-will terms. I did not agree to a for-cause employment agreement and neither did you; as a form of social contract that results in employment, it was at the will of either party upon proper notice. Let's consider the actions of any given EDD office as is currently practiced. For cause-stipulations are assumed since they require, for-cause (just-cause) employment stipulations. How can I prove for-cause employment stipulations, if I only agreed to an employment relationship that was at-will. Let's further assume that one of the reason's that I agreed to at-will employment, was specifically so I would not need to provide for-cause criteria to the EDD office when I become "naturally" unemployed. The Ninth Amendment applies and Section 10 of our federal Constitution specifically denies and disparages the right of the several States, to impair in obligation of contracts (that may result in employment). Last edited by danielpalos; 07-16-2009 at 03:24 PM. |
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