Community Conversation => Transgender talk => Topic started by: gina_taylor on July 27, 2007, 02:16:21 PM Return to Full Version

Title: Right To Work
Post by: gina_taylor on July 27, 2007, 02:16:21 PM
Recently I was checking on the Internet about the Right To Work, and I found this:A Right to Work law secures the right of employees to decide for themselves whether or not to join or financially support a union. However, employees who work in the railway or airline industries are not protected by a Right to Work law, and employees who work on a federal enclave may not be. Now my problem is that my employer has told me that she can terminate my employment (which has been for 13 years) if I were to come in as a woman instead of a man, and she tells me that since I was not hired as a woman, she would have no use for me, nor becasue of my gender that I could do the same work that I could have doen as a man.

Has anyone experienced this during or after their transition?

Gina  :icon_dance:
Title: Re: Right To Work
Post by: Sheila on July 27, 2007, 04:29:39 PM
Gina, I have not experienced that situation, but I would think that if you went to your state labor law, you might find out that she has no right in firing you as a woman. I maybe wrong but go find out what your labor law says in your state.
Sheila
Title: Re: Right To Work
Post by: Elizabeth on July 27, 2007, 05:11:25 PM
Right to work laws are nothing more than a method of weakening unions by allowing people to simply not join. All states with right to work laws traditionally have lower wages than non right to work laws. But all they usually say is that no employer can make union membership a condition of employment nor can they discriminate against an employee on the basis of their membership with a union.

These laws offer no protection against wrongful termination. Most states allow employers to terminate the employment of anyone, anytime, for any reason, other than discrimination on basis of Race, religion, color, nationality, sex, creed or disability. Some states like California also include gender identity and sexual preference or appearance of any of these things.

Unless your state specifically protects you as a transsexual, your employer can most likely fire you at their discretion. Most states do not have a "good cause" law requiring an employer to only be able to terminate employment for "good cause". However, most states will give you unemployment benefits if you were not fired for Good Cause.

Hope that helps.

Love always,
Elizabeth
Title: Re: Right To Work
Post by: cindianna_jones on July 27, 2007, 06:41:33 PM
"Right to work" means the opposite.  I grew up in Utah where they passed right to work laws.  It destroyed all the unions and now very few can make a decent wage.

Cindi
Title: Re: Right To Work
Post by: Ms.Behavin on July 27, 2007, 10:45:30 PM
Right,  Right to work, should be named right to fire.  California is a right to work state as was florida where I lived before.  However, California also protects gender Idenitity, so it's a bit nicer then most states. 

Beni
Title: Re: Right To Work
Post by: gina_taylor on July 28, 2007, 06:28:01 AM
Thanks ladies for your very good replies. There is only 22 states that have the Right to Work Law, and unfortunately I'm in one of those states. 

I'm really glad Sheila, that you've not experienced anything. I've thought about the option of being self-employed, but I will contact a labor law before hand. Thanks for the suggestion.

Elizabeth, I'm not sure on how well protected I am with being a transsexual, but you have brought up some good ideas that I will be asking the labor law about.

I've been wanting to transition for such a long time, and that was one stipulation that was holding me back. If I can get the right information, than I can make some positive steps forward.

Interesting thoughts there Cindi, and I do agree with you. All that the Right To Work did was illiminate the unionized jobs and I'm sure that everywhere suffered.

Hey Beni, Florida si still a Right To Work State. In the area that I live in (Port Charlotte) is more of a trades area, and most of the workers here don't last long with their employers. I've been with my company for 13 years and most of the installers last two years and then they're gone.

Now one of my biggest problems is that my employer thinks that I'll be an embarassment to the company.

Gina  :icon_dance:
Title: Re: Right To Work
Post by: Sheila on July 28, 2007, 12:33:48 PM
Gina, I wonder how much of an embarressment your company will have if the papers find out that you have sued such company because of being transgender? Papers like good headlines and we make them at times.
Sheila
Title: Re: Right To Work
Post by: seldom on July 28, 2007, 01:02:47 PM
Quote from: Beni on July 27, 2007, 10:45:30 PM
Right,  Right to work, should be named right to fire.  California is a right to work state as was florida where I lived before.  However, California also protects gender Idenitity, so it's a bit nicer then most states. 

Beni

California is not a right to work state.  It has a democratic state with strong unions.

Right to work is anything BUT.
In right to work states you have very few rights:
You have the no right to really join a union
You have no rights to address greviences with your employers
You have no right to have a living wage.

Right to Work States:
    * Alabama
    * Arizona - (established by state's Constitution, not by statute)
    * Arkansas - (established by state's Constitution, not by statute)
    * Florida - (established by state's Constitution, not by statute)
    * Georgia
    * Idaho
    * Iowa
    * Kansas
    * Louisiana
    * Mississippi
    * Nebraska
    * Nevada
    * North Carolina
    * North Dakota
    * Oklahoma - (established by state's Constitution, not by statute)
    * South Carolina
    * South Dakota
    * Tennessee
    * Texas
    * Utah
    * Virginia
    * Wyoming

Iowa is rumored to be in the process of dismantling their right to work laws BTW. 
Also the new federal labor legislation proposed by the democrats will dismantle all right to work laws. 

STRONG LABOR IS GOOD FOR WORKERS.  Do not fool yourself into thinking otherwise.  I lived in a state with strong unions, those who had union representation were paid 2-4 times better than those in identical jobs in Right to Work states.  Unions drive up wages and drive up working conditions. 

The widening gap between rich and poor has been directly as a result of weakening labor laws and weakening trade policies in this country. 

California, and all other states are employee at will state: but those who work for unions are still protected as are those who are not in these states. 
Title: Re: Right To Work
Post by: gina_taylor on July 29, 2007, 06:10:22 AM
Sheila, that's a wonderful idea about going to the local newspaper about me and how my employer is handling it. I'm sure that we'll come to some kind of agreement.  :icon_joy: You see it occured to me that al of their customers know them on a friendly basis, and they're more concerned about what they'll say behind their backs, which I really feel shouldn't be an issue.

I second the notion there Ashley Michelle. Winning a termination suit would be hard to do.

I'm sorry Amy, I was reading off the Internet the Right To Work states, and I guess they haven't updated it yet. The way that I see it, I that you can have more to lose with a unionized state versues a Right To Work state, but I don't believe in neither. We should be able to hold  down a job, do the best that we can at it and if changes  ([personal or gender) were to arise, then it shouldn't cause any rifts within the company.

Gina  :icon_dance: