Tag Archives: unemployment

Truckers Call Baloney On Bloomberg View

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

Truckers were quick to criticize a Bloomberg View piece about the effect of shortage of truck drivers on the economy that our firm posted on our Facebook page.

Hedge fund manager Conor Sen made a valid point that the lack of truck drivers could drive up the cost of goods and slow down the economy. Sen went on to argue that this shortage will be exacerbated by the imminent automation of trucking. Why train for a job that will soon be eliminated?

There are two problems with his article.

Truckers pointed out that the shortage of drivers could be attributed to bad working conditions within a trucking. Sen didn’t address this in his article where he portrayed the driver shortage as something that just happened.

Poor working conditions for truckers are somewhat of a function of employment laws. For example, truck drivers are largely exempt from the Fair Labor Standards Act. While better laws for truckers would probably help attract more drivers, the trucking industry is fighting state law efforts to improve trucker wages. The wages of professional drivers are being further eroded by the use of contract drivers who are wrongfully classified as contractors rather than employers.

Secondly trucking industry observers believe automation is far from imminent. Professional drivers do a lot more than just drive. Even some tech industry boosters in the business press admit that automation may not be imminent. Increasing automation in truck driving could benefit drivers by making driving safer. Most airplanes fly by autopilot, but planes still have pilots.

In short, the trucker shortage isn’t just something that happened. It is driven by poor working conditions for truckers. Those poor working conditions are caused in part by bad laws which seem to be getting worse. It’s also not fair or reasonable to argue the supposed imminent arrival of automation to truck driving is causing a truck driver shortage. Automation of trucking is far from imminent, but increased automation may make trucking safer which would make it a more attractive job, which in turn would increase the supply of drivers.

Unemployment and Worker’s Comp

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.

Interesting take on a provision in the newly proposed Worker’s Compensation Advisory Council (WCAC) bill: https://wisconsinui.wordpress.com/2016/01/15/substantial-fault-and-misconduct-principles-from-unemployment-law-to-come-to-workers-compensation/ 

One of the provisions in the new WCAC bill would allow denial of temporary disability/lost time benefits if a worker is terminated for “misconduct” or “substantial fault.”  These terms will be defined based on unemployment law standards.  Misconduct and substantial fault recently were brought into play with changes to the unemployment insurance laws in Wisconsin.  These legislative changes certainly were employer-friendly, allowing employers a greater ability and opportunity to deny unemployment benefits.

With worker’s compensation poised to adopt this standard for lost time benefit denials, workers definitely could face a rough spot when recovering from a job injury.  If the employer terminates a worker for alleged misconduct or substantial fault, they would be denied unemployment benefits and worker’s compensation benefits–until an administrative hearing is held to determine the legitimacy of the employer’s actions.  The possibility for many worker’s compensation hearings turning into “he said/she said” determinations like in unemployment cases is a strong possibility.

In the bigger picture, all sides must remember that this was a compromised agreed-upon bill by labor and management.  Both sides gained and gave up provisions–this produces the stability in the worker’s compensation system.

 

Do I Have a Wrongful Termination Claim?

Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.

Assuming you do not have an employment contract, you can only claim wrongful termination if the firing was motivated by certain unlawful reasons. Unlawful reasons include discrimination based on sex or gender – this includes sexual harassment and pregnancy – as well as race, religion, nationality and disability. In certain places and in certain situations, sexual orientation discrimination can also be unlawful. Disability in this context will often mean any serious or chronic health condition you have. Disability discrimination can also mean that you are taking care of someone with a disability.

You also cannot be discriminated against by your employer for certain activities on the job. This is commonly referred to as retaliation. One of these activities is taking extended leave under the Family and Medical Leave Act (FMLA) for your own or for a loved one’s medical condition. Other common protected activities include opposing unlawful discrimination; filing a safety complaint; filing a workers’ compensation complaint; complaining of pay practices; or complaining about other illegal activities. If you are a government employee, you might also have some claims based on constitutional law. 

Essentially, not all terminations are unlawful. But if your situation fits into the categories described above, then be sure to contact an experienced employment attorney. In addition, it is wise to ask for advice about applying for unemployment, even if there’s not a wrongful termination case.