Notes on a Theory…

Thoughts on politics, law, & social science

Posts Tagged ‘Just Cause Employment

Dirty Hippies, Inequality, and the Minnesota Model

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The great Mark Price has a piece in the Guardian today, Wealth inequality will keep growing unless workers demand better, that gets to the heart of the problem with our broken economy’s failure to provide the security, opportunity, and basic needs we all deserve.  Two points are worth mentioning. First, it’s taken as a matter of faith that conservative prescriptions for the economy are easy to understand and more left-leaning approaches are more complex. I think that’s rubbish. Read Mark here. It’s not difficult at all. If people don’t have jobs, they can’t spend, and we all suffer. If there are way more applicants then there are jobs, there’s no way out of this mess.  Inequality is the problem, equality the solution. It’s not that hard.  (I made the same point about Robert Reich before).  He also discards the silly notion that government has been trying to fix this problem, or that the solutions are unclear. Read the rest of this entry »

Just Cause Laws are Civil Rights Law

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A recent case from Iowa has caused a great deal of discussion, and it illustrates an important larger point.

A dentist acted legally when he fired an assistant that he found attractive simply because he and his wife viewed the woman as a threat to their marriage, the all-male Iowa Supreme Court ruled Friday.

The court ruled 7-0 that bosses can fire employees they see as an “irresistible attraction,” even if the employees have not engaged in flirtatious behavior or otherwise done anything wrong. Such firings may be unfair, but they are not unlawful discrimination under the Iowa Civil Rights Act because they are motivated by feelings and emotions, not gender, Justice Edward Mansfield wrote.


Nelson, 32, worked for Knight for 10 years, and he considered her a stellar worker. But in the final months of her employment, he complained that her tight clothing was distracting, once telling her that if his pants were bulging that was a sign her clothes were too revealing, according to the opinion.

He also once allegedly remarked about her infrequent sex life by saying, “that’s like having a Lamborghini in the garage and never driving it.”

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Written by David Kaib

December 22, 2012 at 1:59 pm

What Would a Real ‘Right to Work’ Look Like?

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I just asked this question on Twitter, and realized I wasn’t going to be able to explain it  in 140 characters.  So I thought I’d elaborate here. First, the question:

There has been a lot of talk about how we need to reframe the horribly inaptly named “right to work” laws, which essentially require unions to represent workers who refuse to join or otherwise support the union in any way.  Since no one is ever required to join a union, this whole framing in nonsense, a cover for a policy designed to weaken unions that can’t be defended on the merits.

‘Right to work for less’ is a common one, but it is fairly clunky.  I like the idea of ‘loafer laws’ or even better, ‘freeloader laws’ (that one is from Matt Bruenig) which emphasize the free rider problem here.  I also like ‘no rights at work’ law.  Regardless, the question I’m asking is a different one.

What would a real right to work look like?  Instead of reframing the right-wing policy with a different name, we could attach a different policy to the name (in fact we could and probably should do both).  Rhetorically, we’d respond to the call for a ‘right to work’ by saying, ‘absolutely we need a real right to work, which would mean X’  There are, as I see it, two options.

The first is the one I mentioned in my tweet – just cause employment laws.  These laws, which presently exist only in Montana, require employers to have a legitimate reason before firing an employee.  This is opposed to at will employment, where employers can fire for any reason or even no reason, as long as they don’t run afoul of various anti-discrimination laws. (It’s worth pointing out that because outside of these laws employers can fire at will, enforcing such anti-discrimination laws is more difficult). In essence, such laws ensure a basic level of due process, and reduce the arbitrary authority of employers while leaving intact legitimate authority.

Another way to reframe right to work would be a federal guarantee of a job, along the lines that Sandy Darity has proposed.  “His National Investment Employment Corps does that, he says, by creating real jobs that pay a minimum of $20,000 a year and $10,000 in benefits, including medical coverage and retirement savings,” along the lines of the Works Progress Administration and the Civilian Conservation Corps during the Great Depression. This is a quite literal ‘right to work.’

Does that make sense? And if so, what do you think?

[Update] Richard Yeselson was tweeting about the first question, and offered “right to shirk.” I like that.

Written by David Kaib

December 10, 2012 at 11:15 pm


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