Wednesday, November 3, 2010

Discrimination is Alive and Well in South Mississippi Business

It is illegal to discriminate.  Just ask any Human Resources Manager.  Talk to any employment counselor when you apply for unemployment.  Ask any business owner.  Ask any employee or prospective employee.  They will all tell you that discrimination is against the law.

But we all know better.  We all know there are ways around the law.  We know that from watching the news.  There are ways around the law and lending institutions know it.  Car dealers know it and anyone who does business knows it.  We all know there are ways to discriminate without going public with it.

There are job openings filled everyday with people who are unqualified simply because they are men or because they do not need any special assistance.  You know who those businesses are.

You have to walk in because there is no way a wheel chair is going up those steps unless you ask someone to help.  Then there is the door that even a strong man has trouble opening.  Even if you did get a job there, you could never go to the bathroom.  The wheel chair or the crutches or the walker will never fit in the bathroom with you IF you can get it through the door.

You might say that it was an old office and they are doing the best they can.  You would be wrong.  The building is new.  They built it that way on purpose.  If you need any help, they simply do not want you and do not care if you know it.

Jobs are not publicly posted.  If they are it is with a blind email address so you cannot walk to the door anyway and apply for a job.  Unless it is a menial job of minimum wage no one but the right people will ever apply for the job.  If you are not white and of a certain religion, you will never know that the job exists.  That way you will never be not chosen because of your ethnicity.

If you are a woman, forget it.  It does not make any difference what ethnicity you are.  Not only will they not hire you for certain positions, they will compound the insult by bringing you on as contract labor.

What does that mean?
It means that you do not qualify for any benefits.
It means they do not have to pay their part of any insurance premiums for you.

It means that you must pay self-employment taxes.
It means that they are avoiding paying ALL employer taxes on you. 

It means that you are not covered by their workers compensation insurance.
It means that they do not pay any workers compensation premiums for you.

It means that you do not qualify to participate in their 401K plan or their pension plan.
It means that they do not have to pay matching funds into the 401K for you. 

It means you do not qualify for unemployment!!

You have no job security and you have no employee rights because you are not an employee.  It is also tax fraud and/or tax evasion.  And, oh my, that is illegal, too.  You see there is a difference between contract labor and an employee.  Contract Labor brings all their own tools to the job (that includes professional tools such as laptops) and do the work at their convenience.  There may or may not be a written contract.  An employee is told what to use to get the job done, when and where to do the work and precisely how it is to be done.  You can go to the IRS and the NLRB websites and find out all about the differences.  It is no secret.

In the sate of Mississippi you have the At Will employment law which basically means that either the employee or the employer can terminate employment at any time with no particular reason.  Except  that it cannot be in violation of State or Federal laws.  It is much easier to prove discrimination than you may think.

Because a company that discriminates feels that they are above the law and can legally side-step these minor Federal Regulations, they commit stupid mistakes that are easily brought to light by someone who knows where everything is buried.  What most companies do not realize is that the so-called professionals they have hired to ruin their companies are no more than penny ante crooks and ne'er do wells.  They feed the owners a line of garbage about how they can use advanced technology, partnership with the right people and of course use stringent methods to hire only the right  people.

How do they finally get caught with their pants down, (figuratively speaking, of course, unless there is sexual harassment as well)?  While they are making room for the right people, they fire the wrong person.  They terminate someone who has absolutely nothing to lose and does not care one whit about who gets embarrassed or what friendships might be lost.  Friends will always be friends and embarrassment passes.  Anyway, there are 49 other states to live in and a bunch of people yet to meet.  They terminate someone who tried to tell them they were headed in the wrong direction.  They terminate someone with ethics.  They terminate someone who knows where all that info is buried long before the statute of limitations runs out. 

When they know they are in trouble, they try to cover it up by attempting to insert things into the files that were never there.  They try in vain to make a case against someone who always did far and above what was required.  They try to cover their behinds and simply make it worse for themselves.  They evidently have never heard of anyone doing the right thing because it is the right thing to do.  So much for them and their testimony(?).

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