Showing posts with label Employment. Show all posts
Showing posts with label Employment. Show all posts

Sunday, 11 January 2015

The Only Rights We Have Are the Ones We Fight For

Oftentimes in life, just showing up to a fight is enough to end it. Thus was the case with my most recent battle a couple of days ago. My landlord attempted to take me to court to get me to pay for renovations they were doing. Yes, that is totally unfair, as well as completely illegal, but if I hadn't gone to court I'd have been charged more than $2,600 in absentia. They tried to lie and say we'd damaged a floor that had been in the building since it had been built. I won't bore you with all the details, but I will say that the guy who did our walk-through when we were looking at the place said they would fix the floor before we moved in. They didn't, but that tells you the damage was pre-existing.

The end result was that as soon as they saw we had shown up to court (they saw our names on the sign-in sheet) they decided they would be willing to go through a mediator rather than the adjudicator. Fancy that! We presented numerous pictures showing the water damage in the apartment that could only be pre-existing, and entirely out of the realm of our control. The roof had leaked for a long time, there's a wall in which there's a leaking pipe, and there is so much mold and mildew that I can no longer use my bedroom. By strange coincidence they were no longer interested in pursuing damages. Happily this mediation gave us the opportunity to bring up their numerous illegal activities without actually reporting them, but they took them a little more seriously at least. It also gave us the opportunity to let them know we'd happily be vacating the premises at the end of March. Yay!

Things became remarkably friendly during these proceedings, considering how nasty they tried to be. They talked about what great tenants we were, because we were quiet and always paid our rent. I guess they figured we were so nice that we would happily roll over and pay for them to replace the floor in our apartment. Right. The funny thing is, they truly have no clue how absolutely nasty I could have been. I could have forced them into bankruptcy had I chosen to make my complaints known with the appropriate legal parties. If I had chosen to be vindictive, the city would have come in and shut the place down. They would have been charged many thousands of dollars just to be able to continue as landlords.

Instead, I simply stopped them from screwing me over. If they had chosen to keep on with their case, I would have pulled out all the stops, of course, if for no other reason than to show the true state of their general character. Their blatant dishonesty would have been more than enough to have my case thrown out. As it is, that's what the end result was here, and they were forced to swallow the application fee of $170 for filing against us. They've also told us they're going to provide us with a good reference, etc. I don't care if they're doing it to placate us, as long as they don't screw up our reputation as tenants. Here they tend to keep a record, and it becomes really difficult to find a place to live if you've been a bad tenant - similar to having a bad credit rating.

It just goes to show, though, how far some people will go to get you to pay their bills for them, and how little you sometimes have to do to stand up for yourself. Just because there are laws that exist to protect us, does not mean we won't be taken unfair advantage of. Every time we do not force people in power to abide by the laws, the more likely they are to run roughshod over us. Landlords seem to be some of the worst, because so many of them are owner-operators, basically, uneducated in the terms under which they are allowed to continue said operations. They seem to think that because they buy a piece of property they automatically have the right to rent it out in any manner they choose. They don't, and the courts can remove their privileges as landlords. They can also be heavily fined and find themselves stripped of their property if it turns out to be unfit for residential use.

There are people in this world who have a gigantic sense of entitlement. They've somehow come to believe themselves above the law, or simply better than others around them. They feel like they deserve better treatment than that which they afford others. You find it a lot in wealthier people, who have never had to live through difficult times. People who inherit their wealth in particular, such as the Walton family brats who now run the Walmart empire, and the Koch brothers who now run Koch Industries. They didn't build their businesses themselves. They just suck every last ounce of profits out of them with no consideration for what they're doing to others. They simply do not care, and the government lets them get away with it.

Things aren't a whole lot better in Canada, but all companies are forced to comply with much higher minimum wages, and there's a lot more protection for employees up here. Yet, somehow, Canada has been listed as the number one country to do business in. A less complicated tax code helps. We have very little local interference in business, too, so businesses generally only have to deal with provincial and federal legislation, and they do not contradict each other in any case I've ever seen, because the contradictions have already been dealt with very simply. If the business runs across provincial lines, such as transportation, it's governed federally. If not, it's usually governed provincially.

Very few of our laws are municipal or regional. Sometimes they're managed by regional departments, but the laws are still provincial. I had American friends be confused about how little concern I showed for the mayor of Toronto being a crack-head, but truthfully there is almost no power in being the mayor of a city here. He could have done something stupid like have a garbage truck dumped onto someone's car, maybe, or change parking legislation, but that's about it. It wasn't until it came out that (allegedly) he was abusive to his wife, I even looked twice at him. As far as I (and most other Canadians) are concerned, scandals aren't really something we pay much attention to in politics. Drugs aren't legal here, but a lot of people think they should be, so people think nothing of offering to share a joint with their neighbours. My own mother smokes a fair bit of the stuff, which I find funny because I can't stand it. I don't mean that I judge anyone who does it. I just mean I don't like what it does to me, so I don't smoke it myself.

Over the last few decades, sadly, many people in North America have given up on the idea of fighting for their own rights. We had a big lull where we thought things weren't perfect, but it wasn't worth getting worked up about, but now we're seeing the harsh reality that crept up on us during our political slumber. In Canada our environment is being destroyed. The entire province of Alberta is a disgusting mess. Yes, people still live there, particularly since there are a ton of high-paying jobs, but it really isn't a healthy place. There are so many toxic spills in Canada, that they're almost uncountable. Close to 2,000 per year for the last 37 years. About 6 per day.

In the US, there are so many problems that may be unresolvable. The education system was attacked and dismantled a long time ago, so it becomes a struggle just to make people understand that there is a problem, much less what to do about it. George Carlin did a far better job of explaining it than I can here, but it boils down to a system of government wanting a population that is easily controlled. I'm hoping the people in both our countries wake up to the reality, and that we can come up with a solution before it's too late. However, so many just shrug their shoulders and say, "What's the point? There isn't anything we can do about it anyway."

Of course, that's exactly what they want you to think. And by "they" I mean the giant corporations that are profiting off our ignorance and inertia. The government itself wouldn't be a problem if big businesses weren't there to hand over the cash. In the US it's even legal to bribe your senators and congressional members. It's called lobbying. They have to be a lot more circumspect in Canada, but they still manage to a lesser degree. If people are led to believe that nothing they do will make a difference, they simply won't try. If they don't try, it just makes it easier for their rights to be stripped, even if those rights are protected by law.

Every time we allow someone to step on us, we contribute to the larger issue. In fact, there's a butterfly effect. I'll use my own example to illustrate what I mean. Let's say I hadn't fought my landlord on this, and they got my money to pay for their renovations. There's no way they would have stopped with me. They would have found it a very easy way to renovate the whole building, and would be encouraged to try it with everyone, knowing that it was unlikely anyone would try to stop them. Every single person in this building (about 30 apartments) would most likely have been taught that they're just going to be screwed over for the rest of their lives. Maybe that's an exaggeration, but I don't think it's too far off the mark. The people who live here are mostly uneducated, and they're all poor. Nobody would live in this building if they were bringing in a decent income. In my case my daughter makes minimum wage, and I'm on disability. Even still, we're moving on to better things. I've never lived in a place this disgusting in my life, and I don't intend to stick around.

Back to my point, however. So, you have a building with 30 families, all being taught that they have no power and no rights, because none of them here will likely have read the Residential Tenancies Act. In fact, most tenants never read even excerpts from it. I'm an exception, apparently. I like to learn new things, and I like to know what my rights are. My landlord is far from unique when it comes to bending and breaking the law. I don't think I've ever come across a landlord that wasn't breaking the law in some fashion or other. Most of them violate entry laws, most violate anti-smoking legislation, most don't pay interest on deposits, and most do not maintain their buildings mechanically or health-wise in accordance with the law. When tenants don't fight back against them, they simply continue doing business in the way that brings them as much profit as possible.

Our homes are the places where we spend most of our lives, usually. At the very least we usually sleep in them. To have our rights taken from us in our own homes is very meaningful. This mentality invades all other parts of our lives. When you stop to think about the fact that most employers also violate the rights of their employees, there are very few ways in which citizens are not being stepped on. It becomes a constant, daily thing. Again, so few actually read about employment legislation, so they don't even know that their employers are supposed to provide them with a copy of the Employment Standards Act in order to educate them on their rights. When employees don't know that, they don't ask. They don't know where to go to get the information, because they aren't researchers by nature.

Even thinking about the ways we're always being taken advantage of is exhausting. There are just so many battles to be fought. I haven't worked for anyone other than myself for a long time, and even then I worked in payroll and human resources, so I was the one making sure the employees were not having their rights stripped. My employers weren't thrilled, but I didn't care. I wasn't going to be a party to it. These were people that were paying themselves a million-dollar bonus at Christmas, but they didn't want to pay two hours of overtime to an employee. This attitude is typical, and I've never worked for an employer who wasn't like that. I'm sure there are some nice employers and landlords out there, but like most people I haven't been lucky enough to run into them. In many cases landlords and employers don't even know they're doing anything wrong, but it's their legal obligation to know these things, so I feel no sympathy for their plight. If you're going to hire people, or rent property to people, then do your due diligence.

At work and at home we're getting screwed over constantly, and then there are all the other things that are coming down on us. Our lands are being stripped and destroyed, the environment is becoming toxic, and in twenty years there's a good chance we're not even going to have breathable air unless something is done immediately. There will be continuous changes to what we can do in our leisure time, simply because there will be places we'll no longer be able to go. People are discriminated against for their gender, race (theirs or their spouse's), religion, and sexual orientation.

This is why every single one of us has to stop in their tracks and say, "Enough already!" We have to stop this on a daily basis. We have to fight against it. We have to share information with one another about what can be done. We stand to lose every one of our rights without a single battle being fought, simply because we don't want to deal with confrontation. I'm well aware that confrontation sucks. I absolutely hate confrontations. I hate drama and fighting. I don't watch reality TV, and that's one of the biggest reasons. I don't mind sports like UFC and boxing, because there are rules and they're not based on personal issues. It's about technique and skill in the ring.

When it comes to fighting 'city hall' as they say, it's different. The results matter. They have an impact on your life, so it's scary to fight against someone. I guarantee, however, that if you don't fight, the results will be far worse than if you do. If I hadn't shown up in court the other day, they would have ruled that I owed the money, and I would have been charged for the filing fee as well. I would have been stuck owing almost $3,000 for something that wasn't even my debt. Not showing up for a fight is basically considered tacit consent. Courts will almost always rule against the party that isn't there. You simply must refute the claims of those that would take advantage of you. If you don't, your neighbour is going to be the next one footing the bill.

If it's your boss taking advantage of you, your co-workers are likely getting the same treatment. I actually had a friend go to work for a company that had screwed me over in the past, and they did even worse to her. I helped her fight it, and she won, but she would likely have never been put in that position if I'd fought them when I had the chance years earlier. An employer that's forcibly reminded by the courts that what they're doing is illegal, will think twice about doing it again. An employer that is never challenged will keep doing the same things, and will likely get progressively worse. In some cases they never learn, but as long as people keep fighting, then there's a good chance the company will end up getting shut down and the employees will be awarded what they're owed.

It's always worse in lean times when there are few jobs and few places to live. People are afraid of losing their jobs and apartments, because they know it's going to be tough to find another one. That fear is what keeps us all down. We fight when we know we've got the upper hand, or we fight when we know things can't get any worse. The common person rarely has the upper hand, though, and if we're in a position where we know things can't get worse, that's a terrible place to be. It's easier to give up then.

I'm of two minds when it comes to unions. I know they've served a purpose, but I also know the unions aren't exactly the benevolent organizations they pretend to be. In some cases they simply clog up the works and take hard-earned money from their members for doing absolutely nothing. Their existence, however, is a benefit in that they're a constant threat to the employer. I'm well aware that it was union efforts that organized the workers and they were responsible for getting us our shorter work weeks (and many other benefits), so we certainly need to show our gratitude there. However, I've also worked for a company where I have been harmed by their presence. It's a sort of catch-22. All in all, though, I do think they're needed, if for no other reason than the silent threat factor. Any company that has a union in place is well aware that they're being constantly and closely monitored, and not just by a single individual. They aren't faced with only one employee that knows their rights, but every employee that has an ironclad contract. That can make a big difference with a crappy employer.

Organized protest is always what leads any social change. A single person can be responsible for a great deal, and usually that's because they've managed to gather together a group of like-minded individuals. The shouts of a group become loud enough that the governing bodies can't tune them out. The public starts hearing their voices, and they often add their own then. Social change happens because the majority of people want it, and they force the legislators to acknowledge that it's what the public wants. Government is supposed to work for the people, but it doesn't unless the people force it to. Government simply goes on doing whatever it's doing, often being bought and paid for by big business, unless the citizens put their collective feet down.

The other part of understanding social change, is that we have to realize it starts small, and it starts locally. If we want change, we start with our neighbourhood, because it's really not that hard to get a few hundred people together. Then we can move on to our city. Once we have our cities back, we can deal with state or provincial government. After all, if every major city has changed, the province or state no longer has a choice, really. Once each state or province has changed, that changes the whole country. It's not that hard to remove the corrupt government officials if we band together and decide we don't want them. We hired them, and we can fire them.

All of this begins with showing up. Until we show up for the fight, we will be walked on. Once we show up, we can plead our case. Enough people together, fighting for the same rights, and you've got big change. It may not be changes to the law, because the laws might already be on the books. They just have to be enforced, and if you don't fight for your own rights, then who do you think is supposed to do it for you?

Wednesday, 23 July 2014

Arguing With Myself About Hobby Lobby, Hypocrisy and MRAs

As opinionated and vocal as I am about certain topics, I'm sure many people think I 'shoot from the lip' as it were, and don't really take the time to think about what I say or believe. Most especially after I've written something about it already. That's entirely untrue, however, as I have continued to examine my beliefs throughout my life, wondering where a belief came from, and why it is so entrenched in me. I do want to know those things, because I don't want my beliefs coming from indoctrination of any kind. I want them based on real facts, too.

Having said that, you will maybe understand why I choose to write more about SCOTUS and Hobby Lobby. Just so you know, though, I have not kept up with the latest developments, other than what I discussed in the comment section of my last blog posting about it. There may have been other developments, but I'm not able to discuss them knowledgeably at the moment. That's not what this is about. It's about the types of hypocrisy we see from the opposite end of the spectrum, but we'll get to that in a bit.

Every time a company acts out of 'religious interests' we need to ask ourselves this:
Would I hold the same opinion I do now, if this was a different religion (or lack of religion) being represented?

Would you hold the same belief if it was a Muslim company, as you do if it's a Christian company? Would you think differently if it was a Buddhist company, rather than a Sikh company? How much of what we believe is true about the Hobby Lobby decision from SCOTUS, would still hold true if they were practicing Muslims who were in favour of imposing Sharia Law?

Religious prejudice does still hold sway in Canada, much to my disappointment, and I have seen it at work in my career. In fact, the last company I worked for would not give corporate shares to one of their executives because he did not attend 'their' church, and even though this practice is completely illegal here, and falls under discrimination laws, it still happens. Just not as often as it does in the U.S. We face it with the Catholic School Boards when it comes to their hiring practices, and the debate is very, very sticky. Anti-discrimination versus religious freedom. Do we tell people they have to share a religion in their personal life in order to be employed by an organization based on a religion? Especially when it's not a for-profit enterprise.

The reverse is also an issue to ponder; non-religious companies telling their employees to keep their religions out of the workplace. I do honestly believe that there's no way Hobby Lobby would have received the same court decision had they been Muslims. Not when there were 5 practicing Catholics in SCOTUS. My personal belief has always been, and will always be, that corporations have no business practicing religion of any sort. They're nothing but a business enterprise with no beliefs of any kind. They're there to make money, and they have court protection only because they took a step back from the personal beliefs of the owners. However, that swings back to me, too.

You see, I have a registered business, which you will already know if you read my prior post on Hobby Lobby. I have very strong beliefs about non-involvement in people's personal lives, and think people should be able to do what they like in their own lives. But...is that really what I think deep down? How would I feel if I found out my employee was doing something I completely disapproved of, that wasn't really any of my business? What if they were abusing animals in their spare time? Perhaps that's not the best example, since animal abuse is actually illegal and opens up other options, but what about things that are a little more esoteric?

How would I react if my employee was attending MRA meetings? (Men's Rights Activists - believe me that's not as benign as it sounds, as they have a tendency to threaten women and have been known to promote violence toward them.) If the employee has done nothing illegal within the scope of his own beliefs, would I be able to get past it in the workplace? Knowing the content of some of these meetings, and having met a few of the trolls online, I would definitely have an issue with a person like that working within my organization. I'd be very worried about it, actually. I have to fear the potential for violence against female employees, the discomfort the others might feel in their presence, and the simple knowledge that the employee would think less of me as a human being because I'm female. As long as the employee does not bring those opinions into the workplace, do I have any grounds whatsoever to let him go?

Well, from a legal perspective he could not be fired for this specific reason. It's discrimination. He is legally entitled to his own opinion. If he insults female employees, harasses them, is belligerent toward his female employer, or a number of other behaviours that are discriminatory on his part, then I absolutely have the right to fire him for it. I can not fire him for what he thinks, or what he does in his personal life. I can let him go because I don't personally like him, of course. That's always been legal. I just have to give him termination pay, and possibly severance pay (depending on the duration of his employment in the area where he's employed). But is it the right thing to do, believing what I believe about business being separate from the personal?

My business isn't incorporated so I have more personal leeway with respect to that sort of thing, and I'll get back to that later, but what about corporations? Take a look at the big employers, like Google and Facebook. Look at their investments, and where they donate their money. Liberal companies, basically. Sure, they can choose to donate where they like, considering it's a tax write-off and good for PR and the bottom line, but is it really something that corporations should be doing? They are, in fact, expressing an opinion about moral and/or political issues.

Hiring practices deal with the same issue. You try to find people who 'fit the corporate culture,' but what is a corporate culture if not an enforced moral compass for the employees? Sure, it might be an easy one to follow, like wearing blue jeans to work, but if one employee is more comfortable in his or her job wearing a suit to work they will not fit in. The position itself might even require a suit and tie because they're meeting outside clients who will be more traditional in their mode of dress. That big, colourful slide at Google's offices might look like fun to a lot of people, but some - possibly even me - would be a little taken aback by it. Some of us like a more traditional office where we aren't distracted by such things. That doesn't mean we're incapable of doing the creative work required of a company such as Google. I spent most of my time being creative, and I work in bed half the time (and my pajamas all the time), so I have an arguably relaxed environment, but do I really want a ball pit to play in? Nope. Knowing me I'd probably break a bone, or would get beaned by an employee.

If companies donate to Planned Parenthood, aren't they guilty of the same thing as Hobby Lobby in a sense? They're taking the company profits, given to them through the hard work of their employees, and sinking them into something the employees might very well disagree with wholeheartedly. Sure, it's the company's money by that point, but those of us who are angered by the Hobby Lobby decision don't believe a company should be able to tell employees what to do, either. Admittedly a very large part of that anger comes from the fact that they're still funding vasectomies and Viagra, so they seem to think men should have unencumbered sex, but not women. I'm not going to get into all that again, because the hypocrisy of the company is not the issue right now. It's the hypocrisy of those who think 'liberal' companies should have the freedom to do what they want, and be able impose those beliefs on their employees.

Should companies be forcing any moral standpoint on any employee? That's the real question. I've heard myself say no a million times, but deep inside I need to be sure I'm expressing that for all sides of the equation, and not just my own personal belief system. Do I like the idea of donating lots of money to animal protection groups, and organizations that help women who have been raped? Sure I do. Do I think it should be a part of my corporate culture? If I responded emotionally, I'd say yes, but there I'd be trapped by my own logic about business. As a business, I really have no business doing anything from an emotional standpoint.

Getting back to the MRA, I think I'd be one of the hypocrites if I said I would even hire him in the first place if I knew about his activities, but maybe not. I can justify the action by saying he would most likely not fit in, and would make the other employees uncomfortable. I'd be acting like I can predict the future, of course, because I can't honestly say with any certainty that what I think will happen will in fact occur. The odds are on my side, but odds aren't facts. Would it be right for me to base a decision on that? Well, yes and no. As an employer I have an obligation to hire people that I don't think are a risk to their fellow employees. MRAs represent a risk to not only the female employees (including myself), but also to the male employees who don't feel that way about women. They will likely be placed in untenable situations where they see things they don't like, and have to decide whether or not to speak up against them, possibly placing themselves outside their peer group's approval.

An employee such as that is very likely to poison morale, and as an employer I have to consider that very seriously. I want all of my employees to be able to come to work and know that it's a safe environment for them. If I'm going to be completely honest with myself, though, I have to admit that my gut decision would be not to hire him for very personal reasons. It would be my very first emotional reaction to a man like that. My distaste would be quite pronounced, in fact. Still, knowing myself as I do, I also know that I would force myself to think about it very seriously and continue to regard him as an individual human being. I'd have to determine within the scope of an interview if I really believed he was part of that fringe group where violence against women is not only condoned but encouraged.

Of course, maybe the point would be moot. Maybe all I'd have to do is ask him about it - simply tell him I know about his outside activities, and ask how he proposes to reconcile that with the fact that he will not only be working with women, and for a woman, but also working for a woman who is in fact a feminist. Any sort of negative reaction to that would be more than enough to tell me he would be a problem, and not worth hiring. If there's no reaction at all, I have to let the issue go and judge solely on his skills and experience, as well as his personality as a human being. I mean, bosses will never hire someone they think is a jerk, unless that's the personality they're looking for - which does happen for certain positions. Sometimes you need an employee like that.

If he's already an employee? Well, it boils down to this: I can't legitimately fire him, even if I can do so legally, if he has never done anything wrong to justify the firing. I might have to grit my teeth for a while, every time I'm in his presence. What he does in his free time is none of my damn business. It never was. How he behaves at work is entirely within my province as his employer. Case closed. I may not like it, but I'll not go down in history as a hypocrite if I can help it. There may be times I do it where I'm unaware of it, but hopefully it will be pointed out to me by one of my very intelligent friends.

There are plenty of employers out there right now who are showing off their 'good deeds' with expensive PR campaigns. Starbucks is one that's always doing that, and I've lost track of the stuff they promote about themselves. One minute one group loves them, and then the next it's a different group who loves them and the original group is ticked off. JC Penney riled people with an ad about a lesbian couple that were parents, and when there was an outcry they responded by showing an ad with two dads - another gay couple. Emotionally I can cheer that, because I believe wholeheartedly in marriage equality, and I'm proud that my country has had it for about 9 years now. Logically, I'd like to know why companies are even making stances like this. It may advance a cause, but it creates a dangerous precedent, much like the Hobby Lobby ruling. One company is allowed to do it, and is in fact encouraged, but then people get angry when a company does something they disagree with.

I find myself again stating that people can't, or shouldn't, have things both ways. Companies can't have separation from risk without separating from having personal rights. They stop being people and become nothing but a business. The same needs to hold true for the public when they view these companies. If we're going to get angry about companies taking these moral stances, we can't be cheering others on when they do the same thing just because we happen to hold the same opinions. We are personalizing bricks and mortar, and not seeing them for the non-sentient entities that they are supposed to be. By all means, cheer on a fellow human being for taking a moral stance you approve of, but not a corporation.