Rights

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jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 2:08 am

There are rights.

There are rules.

There are laws.

Better understand the difference I suggest.

Philosophy Explorer
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Re: Rights

Post by Philosophy Explorer » Mon Apr 23, 2018 2:11 am

jayjacobus wrote:
Mon Apr 23, 2018 2:08 am
There are rights.

There are rules.

There are laws.

Better understand the difference I suggest.
It may help to explain what your understanding of the differences are.

PhilX 🇺🇸

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 2:24 am

I'm breaking the rules.

But I am not breaking the law,

The rule makers will tell you my rights don't count.

What the what?

(Thanks for your question)

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 3:40 am

Let me see if I can exemplify my point?

You go to work for a company and you sign an employment agreement. Everyone does.

Everything works out fine until there is a dispute.

The corporation will assert their rights under the employment agreement,

But is the em;oyment agreement constitutionally legal?

That is never an issue for the corporation or the courts. But it could be for you.

If you have been fired justifiably or unjustifiably, you may not find employment if you signed a noncompete agreement.

Noncompete agreements are completely outside constitutional law but if you try to raise the constitutional argument, you will be silenced by the judge.

Your rights have been discarded. You have no rights in contractual law. Don't even raise the issue.

I have no solution. Judges don't care about rights. They only care about contractual law.

I am not making this up.

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 8:26 am

The point is, a corporation can put whatever they want in a contract.

But if you lose life, liberty and the pursuit of happiness when they enforce it, well that can't be legal.

But I swear they will do it anyway because they did it to ..............

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henry quirk
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Post by henry quirk » Mon Apr 23, 2018 2:41 pm

I'm a great advocate for volitional transactions which always extend out from (formal and informal) contracts.

Bottom line: if the contract doesn't favor you or isn't balanced or overtly favors the other guy, walk away.

Not always easy to do, I know, but always that simple and direct.

'I want or need X but this contract demands too much. I'll forgo X in favor of Y or even Z.'

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 4:54 pm

There is no employment contract in all of the US that is fair to me.

So practically I have no choice.

Your Y or Z does not exist.

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henry quirk
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Post by henry quirk » Mon Apr 23, 2018 5:11 pm

You must work in some highly rarified or specialized field cuz MILLIONS of Americans work under contracts that are fair to them, and equal numbers work without any employment contract at all.

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 5:16 pm

A corporation offered me a large sum of money if I gave up a right.
I weighed the money against the risks and decided to take the money.
I was wrong. The risks were far, far greater than I could imagine and cost me well over $1 million dollars.

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 5:29 pm

But hey, Henry.

The corporation that I worked for will say, "A deal is a deal"

Do you agree with that?

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 5:51 pm

Just to be clear. The large money was severance pay.

I could choose to refuse severance pay or I could choose to give up my rights.

That turned out to be an unfair choice.

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 6:00 pm

jayjacobus wrote:
Mon Apr 23, 2018 5:51 pm
Just to be clear. The large sum of money was severance pay.

I could choose to refuse severance pay or I could choose to give up my rights.

That turned out to be an unfair choice.

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henry quirk
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'A deal is a deal'

Post by henry quirk » Mon Apr 23, 2018 6:23 pm

For the most part, yeah, I agree with that.

Contracts where one of the parties is incompetent are null (though you may have to jump through some hoops to get an arbiter to recognize that), but, beside that, yeah, a deal is a deal.

jayjacobus
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Re: Rights

Post by jayjacobus » Mon Apr 23, 2018 6:53 pm

Even when the conditions are not related to the primary reason for the contract?

I was to get severance pay.

What do my rights have to do with severance pay?

They don''t. The corporation should negotiate my rights without sneaking them into an unrelated issue.

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henry quirk
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Post by henry quirk » Mon Apr 23, 2018 7:07 pm

I'm not privy to the details of the employment contract you had, and I'm not a shyster, but -- seems to me -- if there was nuthin' in the initial contract tying your severance to 'signing away a right' then your employer didn't/doesn't have a leg to stand on (and you shouldn't have accepted their terms [cuz your acceptance of terms could be looked at a contract in itself, one separate and apart from the original employment agreement]). Now, if the original agreement did bind severance to your 'signing away a right' then that's on you, Jay, cuz 'a deal is a deal'.

I think you need to consult a shyster.

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