Things to Ask Employer's When You've Been Laid-Off or Terminated

Whether you believe it's either a pandemic or a "scam-demic", the truth remains that reservoirs of employees are being hired to work for industries deemed essential during these extremely uncertain times. Of course, the most controversial of these crucial commercial enterprises being the cannabis industry considering the fact there are too numerous an amount of Black, Brown, and poor Whites still incarcerated from the "war on drugs" era dating all the way back to the early 1970s. That's right, people are still serving prison sentences nearly five decades later doing what local governments (and soon-to-be the federal government) deem to be mandatory services. However, I digress. On one hand, there are jobs and typically (under much different circumstances), this would be considered a good thing. On the other hand, employees are being hired under false pretenses (i.e., unfulfilled promises of permanent job placement, full-time employment, advancement, etc.).

These COVID-19 related mass hires and fires are egregious and since unemployment insurance is generally funded with taxes paid by employers, it is a strong indication that there are profits to be gained via lay-offs. Expendable, pandemic employees only serve to fuel the billows of corporate smoke coming from the profit chimneys. In other words, temporary employees are being hired for predetermined periods of time to meet the needs of the pandemic and for additional manpower only without these companies having any true intentions of investing in these workers. All of this without the knowledge or consent of the new hires...A classic story of profits over people. I recently had the despairing privilege of joining the ranks of these workers who've been used, abused, and discarded to meet the needs of the pandemic. Ralphs Grocery Store laid me off on the day of the historic Juneteenth Holiday without cause. Days leading up to the lay-off, supervisors began to look for classic performance related reasons to justify their wrongful actions such as falsely accusing me of taking long breaks, trying to deem me incompetent for the job, etc. Lucky for me, I graduated from law school and have taken significant strides toward investing in my future. Ralphs was never a long-term plan and considering that I've worked in the grocery retail business since I was in high school without a single performance issue,  it's safe to say that laying me off days before completing my probationary period was unwarranted.

My education and background also left me with a plethora of knowledge at my disposal. Unlike, most laborers, I knew the correct questions to ask in order to ensure that I was not taken further advantage of during the layoff process. I would also like to add at this time that these questions are important to ask regardless of whether the termination or layoff was justified or not. The questions and information are designed to ensure that you are treated fairly, fortify your financial security during a time of great transition, and that you leave your job with all the necessary paperwork needed for the next step.

1. How Many Days Do You Have to File a Grievance or Dispute?

Oftentimes, there is a finite period of time for employees to file a grievance or dispute. If you've been wrongfully discarded by your employer, it is highly unlikely that they are going to divulge this information to you willingly. If your workplace is unionized and you fail to ask this question at the time of the layoff or termination, call your union representative as soon as possible. In most cases, you may still be able to file a grievance beyond the deadline, but be aware that you may lose certain rights and protections by missing the given date.

2. What is the Exact Reason for the Lay-Off or Termination?

Please keep in mind that if you work in a "right-to-work" state, employers may hire, fire, or lay you off essentially as they please (with very few restrictions).  Even if you live outside of an anti-employee labor law state, employers who lay-off or terminate an employee during the probationary period are within their full rights to leave you without an answer. Employers will generally state a broad reason for their decision (i.e., redundant position, cost cutting, changing demands, poor job performance, violation of a company policy, etc.). At any rate, it is important to distinguish between being laid and fired because the difference affects your rights, the means of recourse, finances, and your future job search. The most important distinction is that a lay-off occurs generally through no fault of the employee while a termination is typically specific to the person and their performance.

3. How About a "Pink-Slip"?

A pink-slip, formally known as a separation notice is generally a piece of paper (pink in case you were wondering) that employers give employees who've been separated from the company receive at the time of separation. The purpose of the separation notice is to advise employees of their rights under state employees laws and provides employees with the necessary paperwork to present to unemployment officials in determining their unemployment benefits. State regulations will oftentimes require employers to issue these notices.

4. Names and Data.

If you intend to file a grievance against your employer or enter into any kind of dispute resolution, it is imperative to get the names and written statements of anyone who may be helpful to your cause. Furthermore, while retaliatory terminations are prohibited, it's important to get this information as discreetly as possible because employees may not be willing to speak up when their livelihood is at risk. Anyone who may be helpful in the resolution of your dispute should be contacted.

5. Don't be Afraid to Speak with an Attorney.

Do not be afraid to speak with an attorney or other legal services in the event that you feel or know that a company has done you some kind of legal harm or you feel like you've been laid-off or terminated based on some kind of internal illegalities within the company.

6. Can I be Relocated or Transferred?

If you truly cared about the job, see a future with a company, or are in a desperate situation where you absolutely need to work for this company, ask about being relocated or transferred to another position within the company or one of its subsidiaries.

7. When Will I Receive My Last Check, Payments for Sick-Time and Vacation?

It is important to ask when will you receive your last paycheck AND how will you get it. Typically, this needs to be done immediately or within the next pay cycle. More importantly, regardless of whether you were laid-off or terminated, chances are you've accumulated sick-pay and vacation time. Ask upfront if you will be receiving these benefits, how, and when? At any rate, your employee handbook will outline whether or not you are eligible to receive these monies, you should be because you earned it.

8. Insurance and Other Benefits?

Unfortunately, healthcare is going to be a huge issue, especially for those living in the U.S. Be sure to ask your employer about how long your healthcare benefits will last and how long you have before you need to file for a Continuation of Health Coverage (not sure how this equates to the acronym "COBRA", but it does). Personally, I've never used COBRA, but I've heard that the premiums are typically more expensive. Your employer should provide you some contact information regarding COBRA.

9. Am I Eligible for Rehire?

This question is paramount because it will give you an idea of how the employer is categorizing your separation if they are being vague about the terms. If you are eligible for rehire, then it's a layoff, if they're saying you are not eligible for rehire, then it means they're listing you as fired which will impact your unemployment benefits.

10. Who Else is Being Let Go?

This question is important because it will allow you to determine what the cause of your separation, legal rights associated with mass layoffs because they differ in some ways from isolated layoffs, terminations, etc.

11. Is it Me?

Remember, unless you were truly an awful employee who failed to place even the most minimal effort into complying with company policies, treating clients and co-workers with respect, and contributing something to the company, this lay-off or termination has nothing to do with you so don't take it personal. That time moping, complaining, and feeling sorry for yourself might cause you to miss the next opportunity which is probably sure to be better than anything you feel that you've lost at this time.

COVID19 is Just Another Flu Pandemic

The coronavirus, similar to the 1918 flu pandemic that U.S. propaganda and blame game tactics dubbed the "Spanish flu", is just another flu pandemic. People have grown so accustomed to the evasion of serious discourse and the inevitable, that the idea of people dying during a pandemic incites fear. The 1918 flu pandemic lasting from January 1918– December 1920, infected more than 500 million people. The timing in the nation could not have been worse, less than a month after the bloody close of WWI, this influenza claimed more lives than on the battlefield at 50 million (potentially more) worldwide with at least 675,000 of these deaths occurring in the U.S. In fact, more people died in a single year from the influenza than in the fours years comprising the Black Death Bubonic Plague from 1347–1351. The 1918 flu pandemic was a global disaster.

This isn't the first time the U.S. has dealt with a flu pandemic. Case and point, the 2009 H1N1 virus. While the corona virus is being linked to a different family of viruses than the 2009 flu pandemic, the underlying principles remain and people should take comfort in the fact that a little common sense, in addition to taking appropriate health precautions will decrease a person's overall likelihood of contracting the virus. It is extremely disheartening to see people emotionally distorted and giving credence to the media's fearmongering. The truth is, plagues are caused by people not living in harmony with the world around us. For example, animals have been the primary scapegoats for these global catastrophes. According to the CDC, the 1918 pandemic was caused by birds, in 2009 pigs were implicated in the cases of H1N1 infections, and bats are allegedly to blame for the most recent viral outbreak of 2020. While I do not have a background in science beyond a fond curiosity for this branch from the tree of knowledge, one thing is certain: Irrespective of whether these diseases originated in animals, they are forms of zoonosis, meaning animal diseases that are communicable to humans. We are the beasts who dehumanize, and fight with so-called monsters, when we are in fact behaving as monsters.

Thus, by destroying so many animals' natural habitats, senselessly slaughtering or housing animals in the most inhumane ways imaginable with supermarket shoppers blissfully ignorant of how the meat made its way to their tables, and the large amount of fast-moving people now on Earth, the transmission and resurfacing of diseases should come as no surprise. Rather than fret over the recent spread of the coronavirus, recognize it for what it actually is: Another pandemic and signaling to human-beings that y'all ain't living right. While it's uncomfortable to admit the devil in the mirror may appear to look a lot like you, this is a unique time on this planet. This virus represents a pivotal time in our society beckoning us toward positive change if we seize the moment to make it so. There has been a revival in the simplistic, a renewed love for being outdoors, and an amazing uptick in generosity. They say there is nothing new under the sun, and history has proven that crises are societal vehicles for change. Let this time remind us that the government CAN and SHOULD do more for the American people moving forward. We need to hold them accountable for climate change, one of the contributing factors to the spread of the virus.

Let there be less political polarization because this divisiveness is what has led us down this path in the first place. The societal chain is only as strong as its weakest links and right now, regardless of race or socioeconomic status, we have an extremely frail, irresolute chain. It is comprised of people who've brought into the false ideology of individualism and being able to pull oneself up by the bootstraps without stopping to think about the fact that manufacturer defects are possible, and some people's boots have been issued without straps. Particularly, Black Americans and how we have been the societal scapegoats since this country was founded. Yet, Martin Luther King Jr. wasn't assassinated until he had a universal message that resonated with ALL Americans: Not only is he a civil rights hero, but he also demanded worker's right for ALL. This isn't a Black and White issue, it's an evil, inhumane thing to ignore the pain and suffering of any segment of the population. And, irrespective of race, the fact of the matter is, America at large is okay with a segments of the population not having access to the things that once made America great. The elderly are vulnerable, college graduates coming out with exorbitant amounts of debt are vulnerable, poor people are vulnerable, prostitutes are vulnerable, and the list of disadvantaged peoples just goes on and on...

The one thing that these groups don't have in common is a race or ethnicity because while Blacks are disproportionately part of all of these groups, the vulnerabilities that all of the aforementioned groups experience transcend racial lines. WE MUST STOP FIGHTING AMONGST OURSELVES. This is what the ruling classes clink their wines glasses together to everyday, the sound of discord among the common people. If we want to be honest, certain groups of people in this country have been practicing social distancing through segregation and societal devaluation. We confine society's elders to senior homes, we throw our mentally ill into prisons, we lock our poor up into debtor prisons, we ostracize our troubled youth, and we displace people of color onto the outskirts of the city after confining them there for such a long period of time. Migrating people in and out of poverty, and this corona virus is only creating momentum for more inequality ahead unless something is done about it. This is a time for reform and I hope this time has shown us that we are not immune from catastrophe and perhaps we will finally awake from a place of complacency and fear to see this time in our history as a time for radical change, a break from the rules, and new view on what is actually possible for the world at large.

#COVID19 #Equality #USA #SanDiego #California #LGBT #Black #EqualRights

Not All Queers are Polyamorous and that's OK

It was Sunday night and I had gathered alongside 6 others queers to watch the season finale of the L Word: Generation Q. It had become somewhat of a weekly ritual, and while I didn't join the watch party until nearly mid-season, I had still become invested in the characters, story lines, and the lively discussions we would have after the conclusion of an episode. I know for a fact that 5 out of the 7 of us identify as non-monogamous. I would also like to premise this article with a disclaimer: This article is in no way to be construed as a value judgment on the many different ways people choose to define their relationships with others. It is niether an attack on polyamory, nor polyamorous individuals. It is to be presumed that people who engage in relationships involving more than two people are consensually non-monogamous. Moreover, I do not view monogamy as a matter of being better or worse than non-monogamous couples. It's truly about what works best for people as both, individuals and as partners. Notwithstanding the aforementioned disclaimer, before several people tune this article out merely because it doesn't side with their viewpoint or someone sadly mistakes an opinion for a personal attack, please hear me out.

This article may be triggering for some, but please know that it's not my intention to do so. My goal and objective is to merely present my opinion on a topic. That is the beauty and guarantee of the First Amendment. Government regulations that target the content of speech (i.e., draws distinctions based on the message being delivered/communication of specific ideas) must pass a very high level of scrutiny in order to be held valid. The goal is not to have a chilling effect on speech. Anyway, I digress. The season finale wrapped up with Alice Pieszecki, one of the main characters on the show, exiting a "throuple" (i.e., a relationship of three) and returning back to what the queer viewing party perceived as "the mundane world of monogamy". This was highly troubling to me because rather than admiring the fact that the character was open and receptive to the needs of her partner, in addition to being willing to try a relationship in which her primary partner's ex-wife was introduced into the relationship, all the group saw was a historic loss for polyamory everywhere. Instead, the group made comments about "toxic monogamy" and how it is ruining relationships. The character simply set a boundary upon discovering that she was unable to have her needs met in the relationship and exited the partnership leaving her partner free to make her own choices.

Upon hearing these comments, I felt invalidated, misunderstood, and as if I were being stripped of my queer cardholder privileges. The best argument against monogamy is its current success rate (it's not doing so well) and ineffective execution. More importantly, that the rate of failure stems from a lack of communication and the misconception that societal pretenses take priority over authenticity. It is more evident than ever before that monogamy may not be for everyone (e.g., there are too many affairs, alternative marital arrangements, sex workers (this is not to say that healthy individuals do not also seek out sex work), mistresses, and sex therapists). I highly encourage people to only enter into arrangements and partnerships that make the most sense for all parties. Any relationship, including ones with ourselves require emotional intelligence, time management, honesty, love, compassion, boundaries, positive conflict resolution skills, romance, core principles, intellectual growth, fun, perseverance, communication, and fun. Of course this list will vary for everyone, but after spending some quality time with myself (i.e., single four years and counting), these are the things I discovered that I need for the long haul. I also know that I want a long-term, MONOGAMOUS relationship with someone. That doesn't mean that I'm trapped in toxic monogamy (e.g., expecting one person to complete me, the normalization of jealousy as a love language, equating time spent as an indicator of the relationship's value, accepting controlling behaviors, refusing to understand my partner's need which may exist outside of me, and seeing my self-value as being directly linked to a relationship).

The truth is, maybe I'm  just a traditional LGBT or Queer gal like Alice. I see and respect unions of all kinds and truly believe in living a life where I make space for ideas, thoughts, lifestyles, and other things that don't necessarily mirror my views because I have found that I grow most when I'm out of my element and my value systems are challenged. However, I know what my needs are. That doesn't mean that I can't still oppose forced heteronormativity, believe in nontraditional gender roles, protest for better treatment of trans people, equal pay for women, vigilantly fight to end racism, resist the commoditization of Black people in the LGBT community, support education, ending the stigmatization of mental health issues, advocate for animals, and still want a monogamous relationship at the end of the day. I think it's important for people fighting for equality and tolerance to still remember to pay the same courtesies forward to those giving love and respect back. It's okay to be queer and still not be polyamorous, and that's a safe boundary to have and hold regardless of what's trending and what's best for others.

#monogamy #polyamory #equality #lgbt #sandiego #california #sex #queer #single #sexeducation #safespace