Article 43


Tuesday, September 25, 2012

The 90 Day Rule


it is in America, not China, where life is regarded as cheap
- Bad Moon Rising Part 50

The 90 Day - Screw The Worker - Rule

It’s not enought to be DENIED UNEMPLOYMENT because you got a serverance lump sum from the place that layed you off.

It’s not enough to have the minumum wage lowered to $2.13.

It’s not enough to hire someone as a NON-EXEMPT temp, make him TAKE CHRISTMAS OFF with NO PAY, then ask him WORK LATE the day after WITHOUT COMPENSATION.

In Florida - the first ninety days of your new job may not be counted towards unemployment benefits.

Here’s THE LAW - 443.131(3)(a)(2)

(a) Employment records. The regular and short-time compensation benefits paid to an eligible individual shall be charged to the employment record of each employer who paid the individual wages of at least $100 during the individuals base period in proportion to the total wages paid by all employers who paid the individual wages during the individual’s base period. Benefits may not be charged to the employment record of an employer who furnishes part-time work to an individual who, because of loss of employment with one or more other employers, is eligible for partial benefits while being furnished part-time work by the employer on substantially the same basis and in substantially the same amount as the individuals employment during his or her base period, regardless of whether this part-time work is simultaneous or successive to the individual’s lost employment. Further, as provided in s. 443.151(3), benefits may not be charged to the employment record of an employer who furnishes the Department of Economic Opportunity with notice, as prescribed in rules of the department, that any of the following apply:

2. If an individual is discharged by the employer for unsatisfactory performance during an initial employment probationary period, benefits subsequently paid to the individual based on wages paid during the probationary period by the employer before the separation may not be charged to the employers employment record. As used in this subparagraph, the term “initial employment” probationary period means an established probationary plan that applies to all employees or a specific group of employees and that does not exceed 90 calendar days following the first day a new employee begins work. The employee must be informed of the probationary period within the first 7 days of work. The employer must demonstrate by conclusive evidence that the individual was separated because of unsatisfactory work performance and not because of lack of work due to temporary, seasonal, casual, or other similar employment that is not of a regular, permanent, and year-round nature.

Unsatisfactory performance can be anything NOT ILLEGAL.  For instance , in America it’s NOT ILLEGAL to BULLY WORKERS, or ask someone to WORK 24 HOURS A DAY, seven days a week, and if the worker can’t handle that, get rid of him for unsatisfactory performance.

Do that within 90 days - and the worker - even though he worked, and should be entitled to Unemployment Insurance - will never, ever get it.

Boy do we NEED UNIONS.

Posted by Elvis on 09/25/12 •
Section Dying America
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In memory of the layed off workers of AT&T

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There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle. But only one is the way of joy. - Albert Einstein


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