Re: Freedom of Speech in EMS

[Guest guest]

And I thought I was the only one who misunderstood, hit the wrong

button, and generally goofed on this list!

Happy Trails!

Take care, stay safe, and practice mercy, ya'll!!

Jana

FW,TX

Re: Freedom of Speech in EMS

>

>

> > Oops, Jana. Not Guilty. I haven't posted anything on the subject of

> > employment law. That was somebody else who said they can't deny you

> > unemployment in the State of Texas, not me. I've been lurking on this

> one.

> > But since you've mentioned me by name, I'll come out of my cave and

give

> you

> > my take on the subject. There is NO Freedom of Speech for employees in

> the

> > State of Texas.

> >

> > In fact, as you say, people get denied unemployment all the time in

Texas.

> > Texas is not " employee friendly. " It's big corporate employer

friendly.

> > There are pockets of Texas, mostly in the Houston and " Golden Triangle "

> area

> > where unions are powerful, mostly the Oil and Chemical Workers, but

most

> of

> > Texas is union unfriendly. So unless you belong to a union which has a

> > contract with your employer, or you have a personal contract, which

nobody

> > but CEOs and other top managers do, you can be fired for any reason or

no

> > reason. If you apply for unemployment, your employer can protest and

> often

> > prevent you from drawing benefits. At least make you jump through

> multiple

> > hoops to get it, usually long after you've had to take some other type

of

> > employment to keep the kids in shoes.

> >

> > Texas is an employment at will state, and your employer can fire you

for

> the

> > shape or your nose or the length of your hair unless you fall into a

> > protected category. Those protected categories are defined mainly by

> federal

> > law, not state law. Most people don't have the money to fund a legal

> battle,

> > and few lawyers will take employment cases for a contingent fee because

> the

> > prospects of recovery are so dim and the awards so small even if you

win.

> >

> > All aspects of employment law favorable to the worker have been

generally

> > decimated in Texas and over most of the rest of the country over the

last

> 10

> > years. Workers Compensation " reforms " , along with so-called " Tort

> Reform "

> > have rendered most workers powerless to fight a corporate employer and

win

> > anything significant. So much for " compassionate conservatism. " The

only

> > compassion in Texas is for corporations. It's practically impossible

in

> the

> > State of Texas now to sue a corporation and win. There used to be

lawyers

> > who would take your case for a percentage of the award; they no longer

> exist,

> > because there are virtually no chances of significant awards.

> >

> > So you keep your mouth shut, do your job, and don't complain in Texas

or

> > you'll find yourself on the street looking for a job.

> >

> > Freedom of Speech is not an issue in the workplace in Texas. You

either

> play

> > the game and suck up or you're dead meat unless you can show that you

fall

> > into a federally protected category and that your firing violated that

> > protection. Not easy to do, and the process is slow and cumbersome.

You

> can

> > go to the EEOC if you're in a protected category and wait out the

process.

> > You'll starve or croak before you'll win anything because even if they

> find

> > in your favor the employer can put off paying you through the appeals

> process

> > which can take years.

> >

> > Criticism of your employer can and usually will get you fired without

> > recourse. Whistleblowers, although supposedly protected by law, almost

> > always end up without a job and seldom win a cent for their troubles,

and

> if

> > they do it's 10 years after the fact, and they end up in the hole after

> legal

> > expenses. And generally only those whistleblowers who are connected to

> firms

> > receiving federal funds are protected.

> >

> > By the way, if you're interested in these subjects, may I recommend a

book

> > for you to read. It's called " Shrub: The Short but Happy Political

Life

> of

> > W. Bush " , by Molly Ivins, available from Amazon.com for $9.95.

> Don't

> > order this book if: you're a diehard reactionary conservative, not

rich,

> > don't have to work for a living, really think that Dubya loves the

common

> > people, or have Alzheimer's or are in the final stages of syphillis,

are

> mad

> > at Hillary for making $100,000 on cow futures in a day (it took Dubya

> several

> > months to make 14 million off of the taxpayers of Arlington from an

> > investment of around $600,000) or hate all Democrats. Otherwise, you

may

> > find this an informative and enlightening portrait of our probable next

> > President. No comfort here for the common woman/man though. If you

ain't

> in

> > the Country Club (and I don't mean Tritt's) then you ain't got a

> dog

> > in this fight. On the other hand, if you ain't a Buddhist Monk with a

> > million to spend, you ain't got a dog in this fight neither. Moral to

the

> > story: Little People Don't Win, no matter who's the leader. Suits

Rule,

> but

> > only when they produce profits. However, as opposed to the rest of us,

> they

> > have lives after firing. They go to other corporations and get

employment

> > contracts with Golden Parachutes. They deserve Golden Showers, but

that's

> > not the way things are.

> >

> > They get the goldmine; we get the shaft.

> >

> > Gene Gandy, JD, LP

> > My opinions are my own.

> >

> >

>

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