ShadowfireVermont, in the middle of nowhereRegistered Userregular
Got the van back a couple weeks ago from the body repairs. Today I get stuck on a client's driveway because of the snow and ice, throw the brake on and crank the wheel. While I'm inside working the damn thing slides backwards into a tree.
Right, I know that part, but it stands to reason that if that's like literally industry standard than a legal probe into just generally not doing it could get some of the bigger companies into some hot water.
Or is this another instance of me not being jaded enough?
It's been the widely known industry standard for decades.
My cynical and super jaded self figures that ain't nothin' gonna happen because it only affects us dirty poors and not the rich, glorious, shareholders.
And if they just dump it all on the distributors anyway, maybe he can get a job doing the same thing in some of the same area with one of them, but maybe the area is smaller and there's no SLA to worry about and therefore no on-call.
But he hasn't looked for a job or done anything related to that since before I was born in 1985. Plus IT places don't like hiring people over 50.
This is illegal, still, right?
Yes, but good luck spending the money on lawyers and actually being able to prove they didn't hire based on your age rather than something nebulous like "culture fit" or something.
The way IBM gets around the law on this is that when they want to fire old people, they just do a mass, company-wide layoff that just "happens" to include a lot of older employees. I don't know what directive they use in these layoffs, but my suspicion is that it's something to do with people who are in the top whatever-percent of their wage band within the department, which makes it easy to cull older employees while also claiming it's for money reasons. Added bonus to this method is that IBM fails to retain any institutional knowledge for longer than 10 years, yay!
Oh, part of what makes me suspect the method of layoffs has to do with wage band is that there is an anonymous commenting forum called "the layoff" and I read the thread the comments from my fellow IBMers right after I was let go. One of the people complained that he thought he was only let go because he was white, because there were a couple of POC and a woman in his department who were a lot newer and less experienced than he is but they were not let go. That's when the lightbulb clicked for me and I was like well duh, they let go the experienced guy because he was making more money, not because he was white, dumbass. Because IBM is a ship of fools and also probably illegally pays women and POC less than white men but you can't fight that either. They also make you sign a binding arbitration agreement in order to get your (generous) severance allowance, that's the other thing that keeps people from suing.
Arbitration clauses should never have been allowed by the courts, but SCOTUS has never met a big company it didn't like.
It's utter nonsense to think that companies can basically demand you waive your first amendment rights to do business with them at all (and generally, would never have been upheld if it was speech, but the courts are also drunk on free speech absolutism so).
3cl1ps3I will build a labyrinth to house the cheeseRegistered Userregular
A lot of arbitration clauses aren't even meaningfully enforceable because of inalienable rights. You legally can't waive your right to sue for a lot of things.
A lot of arbitration clauses aren't even meaningfully enforceable because of inalienable rights. You legally can't waive your right to sue for a lot of things.
Won't stop a major corporation from using them to bankrupt you by making you spend ten years getting a court to actually say that.
It's creeping its way though formerly untouchable professions. Pretty soon even Doctors won't be safe. Already mega hospital conglomerates are cutting services and reducing staff so non-medically trained CEOs can justify their eight figure salaries..
"Simple, real stupidity beats artificial intelligence every time." -Mustrum Ridcully in Terry Pratchett's Hogfather p. 142 (HarperPrism 1996)
The law stops mattering the second no one cares to enforce it.
The law stops mattering when you can't afford a lawyer to fight for you.
Or when you can afford a lawyer for a bit but it's a viable and common legal strategy to draw things out and file lots of motions and requests specifically to run the other side out of money.
And if they just dump it all on the distributors anyway, maybe he can get a job doing the same thing in some of the same area with one of them, but maybe the area is smaller and there's no SLA to worry about and therefore no on-call.
But he hasn't looked for a job or done anything related to that since before I was born in 1985. Plus IT places don't like hiring people over 50.
This is illegal, still, right?
Yes, but good luck spending the money on lawyers and actually being able to prove they didn't hire based on your age rather than something nebulous like "culture fit" or something.
The way IBM gets around the law on this is that when they want to fire old people, they just do a mass, company-wide layoff that just "happens" to include a lot of older employees. I don't know what directive they use in these layoffs, but my suspicion is that it's something to do with people who are in the top whatever-percent of their wage band within the department, which makes it easy to cull older employees while also claiming it's for money reasons. Added bonus to this method is that IBM fails to retain any institutional knowledge for longer than 10 years, yay!
Oh, part of what makes me suspect the method of layoffs has to do with wage band is that there is an anonymous commenting forum called "the layoff" and I read the thread the comments from my fellow IBMers right after I was let go. One of the people complained that he thought he was only let go because he was white, because there were a couple of POC and a woman in his department who were a lot newer and less experienced than he is but they were not let go. That's when the lightbulb clicked for me and I was like well duh, they let go the experienced guy because he was making more money, not because he was white, dumbass. Because IBM is a ship of fools and also probably illegally pays women and POC less than white men but you can't fight that either. They also make you sign a binding arbitration agreement in order to get your (generous) severance allowance, that's the other thing that keeps people from suing.
Oh, there are more! And people are trying to push back against the legality of forced arbitration!
This is one of those "of course they always have been" things that I was certain of the first, second, and third times my dad was threatened with layoffs from IBM. They finally forced him to retire at 31 years.
I mean, arbitration can bite companies in the ass too, as arbitrators must be neutral and the terms are binding, so properly organized arbitration can often just bleed companies as they have to pay anywhere from $500 to $10k per case to the arbitrator regardless of outcome. So in a case where it's bullshit, just get everyone to arbitrate and they're suddenly on the hook for millions. This is why many companies are moving back to legal fee stuff as arbitration fees are generally non-recoverable and it's cheaper to settle out with an activist group than pay them.
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Munkus BeaverYou don't have to attend every argument you are invited to.Philosophy: Stoicism. Politics: Democratic SocialistRegistered User, ClubPAregular
A lot of arbitration clauses aren't even meaningfully enforceable because of inalienable rights. You legally can't waive your right to sue for a lot of things.
A lot of appeals courts are perfectly willing to sever the contract from the unenforceable bits.
I still remember reading what was essentially the same case involving an EULA in two different jurisdictions. Almost exactly the same facts, polar opposite results.
Humor can be dissected as a frog can, but dies in the process.
I mean, arbitration can bite companies in the ass too, as arbitrators must be neutral and the terms are binding, so properly organized arbitration can often just bleed companies as they have to pay anywhere from $500 to $10k per case to the arbitrator regardless of outcome. So in a case where it's bullshit, just get everyone to arbitrate and they're suddenly on the hook for millions. This is why many companies are moving back to legal fee stuff as arbitration fees are generally non-recoverable and it's cheaper to settle out with an activist group than pay them.
Sure but just like every abusive business tactic, that relies on workers being a) knowledgeable about their rights/options, and b) willing and able to start that fight. Businesses are just playing the odds that that won't happen, and based on historical evidence they're generally right. Basically forcing workers into a constant game of chicken.
Might be quitting my job tomorrow. Or maybe there is some other arrangement that might end up in that not being the case.
It's not a bad job and they're not bad to me but I can't anymore.
My house (sale) settling is probably the trigger for me to finally do this. Been feeling shit for a while.
Well I guess now I'm likely to shifting to consulting 1 day a week for them.
Which is actually a really good deal for me. I can probably tolerate the kind of stuff they'll want out of it.
It also means I don't really need to look for work for a while.
I'm going to chalk this up to as a chance to get my mental and physical health in order after what has been a truly garbage year.
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
Wow I haven't thought of Scenes From A Multiverse in years
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
Wow I haven't thought of Scenes From A Multiverse in years
Don't has he has gone down in flames as a nurgle cultist among other things
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
Wow I haven't thought of Scenes From A Multiverse in years
Don't has he has gone down in flames as a nurgle cultist among other things
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
Wow I haven't thought of Scenes From A Multiverse in years
Don't has he has gone down in flames as a nurgle cultist among other things
What the FUCK.
No he hasn't, you must be thinking of someone else. Jon is good people.
Edit: and now I see you said "has he" and not "he has". If this is a question it seems like an unnecessarily aggressive one, as well as poorly phrased.
sorry this has me excessively mad because I know him irl
The new process of secret murdering anyone who puts surprise extra spaces on the end of data entered has been a success. No secret murders required this month!
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
Wow I haven't thought of Scenes From A Multiverse in years
Don't has he has gone down in flames as a nurgle cultist among other things
What the FUCK.
No he hasn't, you must be thinking of someone else. Jon is good people.
Edit: and now I see you said "has he" and not "he has". If this is a question it seems like an unnecessarily aggressive one, as well as poorly phrased.
sorry this has me excessively mad because I know him irl
ok I see he removed all the ones about the pandemic and the animal crossing one he made
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Raijin QuickfootI'm your Huckleberry YOU'RE NO DAISYRegistered User, ClubPAregular
I’ve had Covid for about a week now. Today was the first day I’ve had to work…gave it a shit for an hour but I’m still struggling a little to keep my breath.
I’m out of sick pay at work so I requested vacation for the rest of the day and it was approved
Well my sup just called me and Because I took the time to send him an email letting him know I was sick and that’s why I took time off today, he has to DENY my approved request because you can’t use vacation pay as sick pay. Had I said nothing it wouldn’t have mattered and I’d be fine. So now I’m working with HR to see if I can get FMLA or I basically have to go to work
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JedocIn the scupperswith the staggers and jagsRegistered Userregular
Hey, fuck that noise.
+63
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Raijin QuickfootI'm your Huckleberry YOU'RE NO DAISYRegistered User, ClubPAregular
I’ve learned a stupid ass lesson that’s for sure. Don’t keep anyone in the loop when you have a severe disease that is killing people. Just keep your mouth shut.
I’ve learned a stupid ass lesson that’s for sure. Don’t keep anyone in the loop when you have a severe disease that is killing people. Just keep your mouth shut.
What would have happened if you had showed up for work and said "Hey I know I'm out of sick days but I'm still full of COVID, is that cool or?"
Posts
Yeah, 4wd is definitely not worth it, assholes.
It's been the widely known industry standard for decades.
My cynical and super jaded self figures that ain't nothin' gonna happen because it only affects us dirty poors and not the rich, glorious, shareholders.
Oh, part of what makes me suspect the method of layoffs has to do with wage band is that there is an anonymous commenting forum called "the layoff" and I read the thread the comments from my fellow IBMers right after I was let go. One of the people complained that he thought he was only let go because he was white, because there were a couple of POC and a woman in his department who were a lot newer and less experienced than he is but they were not let go. That's when the lightbulb clicked for me and I was like well duh, they let go the experienced guy because he was making more money, not because he was white, dumbass. Because IBM is a ship of fools and also probably illegally pays women and POC less than white men but you can't fight that either. They also make you sign a binding arbitration agreement in order to get your (generous) severance allowance, that's the other thing that keeps people from suing.
Edit: Ooooh, somebody has sued after all, good for them!
Oh, there are more! And people are trying to push back against the legality of forced arbitration!
It's utter nonsense to think that companies can basically demand you waive your first amendment rights to do business with them at all (and generally, would never have been upheld if it was speech, but the courts are also drunk on free speech absolutism so).
3DS: 0473-8507-2652
Switch: SW-5185-4991-5118
PSN: AbEntropy
Won't stop a major corporation from using them to bankrupt you by making you spend ten years getting a court to actually say that.
3DS: 0473-8507-2652
Switch: SW-5185-4991-5118
PSN: AbEntropy
3DS: 0473-8507-2652
Switch: SW-5185-4991-5118
PSN: AbEntropy
The law stops mattering when you can't afford a lawyer to fight for you.
Or when you can afford a lawyer for a bit but it's a viable and common legal strategy to draw things out and file lots of motions and requests specifically to run the other side out of money.
This is one of those "of course they always have been" things that I was certain of the first, second, and third times my dad was threatened with layoffs from IBM. They finally forced him to retire at 31 years.
Of course, that meant I had to find somewhere to put the old desk...
A lot of appeals courts are perfectly willing to sever the contract from the unenforceable bits.
I still remember reading what was essentially the same case involving an EULA in two different jurisdictions. Almost exactly the same facts, polar opposite results.
Sure but just like every abusive business tactic, that relies on workers being a) knowledgeable about their rights/options, and b) willing and able to start that fight. Businesses are just playing the odds that that won't happen, and based on historical evidence they're generally right. Basically forcing workers into a constant game of chicken.
Well I guess now I'm likely to shifting to consulting 1 day a week for them.
Which is actually a really good deal for me. I can probably tolerate the kind of stuff they'll want out of it.
It also means I don't really need to look for work for a while.
I'm going to chalk this up to as a chance to get my mental and physical health in order after what has been a truly garbage year.
Terrified feels like such a small word to explain the apprehension.
Disproportionately brutal punishments work.
Just because everyone is dead and you haven't had anyone enter any data at all...
Woah buddy, what's with all those extra periods at the end of that line? V1m will be with you shortly to help you fix your data entry. Permanently.
I just have to ride it out until my daughter is born, then I can find a new job
Reach out to the folks I need for testing.
Crickets.
And people wonder why I'm starting to get disillusioned.
Wow I haven't thought of Scenes From A Multiverse in years
Don't has he has gone down in flames as a nurgle cultist among other things
Aww dang.
What the FUCK.
No he hasn't, you must be thinking of someone else. Jon is good people.
Edit: and now I see you said "has he" and not "he has". If this is a question it seems like an unnecessarily aggressive one, as well as poorly phrased.
sorry this has me excessively mad because I know him irl
ok I see he removed all the ones about the pandemic and the animal crossing one he made
I’m out of sick pay at work so I requested vacation for the rest of the day and it was approved
Well my sup just called me and Because I took the time to send him an email letting him know I was sick and that’s why I took time off today, he has to DENY my approved request because you can’t use vacation pay as sick pay. Had I said nothing it wouldn’t have mattered and I’d be fine. So now I’m working with HR to see if I can get FMLA or I basically have to go to work
What would have happened if you had showed up for work and said "Hey I know I'm out of sick days but I'm still full of COVID, is that cool or?"
Rock Band DLC | GW:OttW - arrcd | WLD - Thortar
I am uncertain as to how to interpret this.