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You are here: Home / Blog / What the law is, and what the law is not!

What the law is, and what the law is not!

February 8, 2017 By David Sacks

It sometimes really saddens me how uneducated the public is with regard to the laws but on the other hand I understand because the laws just don’t make any sense. You’re working at a company for 20 years. You get a new supervisor who on a daily basis berates you, calls you’re slow, stupid, lazy, a slacker, and just generally makes the workplace a hostile one.  That type of treatment is certainly unfair, immoral and just plain downright mean… but it is not illegal.

This is along the same lines as everyone who believes that you are entitled to a warning about your job performance before you are fired for poor job performance. You are not, at least not in the state of Florida.  It’s called the At Will Employment Doctrine.

There’s no accounting for this illogical approach to the utilization of human resources, that is employees working for employers. Enlightened employers are not as likely to terminate someone just because “your services are no longer needed” but rather are willing to treat employees as human beings, sit down with them and discuss any issues that need to be discussed, provide an opportunity for such a troubled employee to “right the ship” so to speak and become a more productive and desirable employee, before firing them. Again a more enlightened approach would not be to take a 30 year employee and just kick them out the door without an explanation or a severance package.Certainly CEOs and presidents of companies get what they call golden parachutes, so there’s no reason in the world employees shouldn’t be entitled to similar consideration, albeit at a lesser sum.  

The problem however is not the corporations as much as it is the legislatures who are enacting these absurd laws. The other side of this problem and equally deserve fault/blame, is that people don’t vote for the proper individuals who will represent them in the manner in which they want to be represented on a more generalized basis, but rather vote one or two issues without looking at what the candidates they are voting for really support.  Rather than just voting for the candidate who will support, say 2nd Amendment rights, vote for a candidate who will enact laws in accordance with your beliefs about how you should be treated at work.  You may not be able to always have a gun, but if you have a job, at least you won’t have to rely on your shooting to get your food.

The solutions to this at will employment state that we live in is to elect officials that will enact laws abolishing the at will employment rule. The at will employment rule is the rule that says they can do whatever they want, whenever they want, however they want, as long as they don’t discriminate against you because of age, race, gender, religion, nationality, disability, HIV or marital status.   So when November, 2018, comes around, really look at who you are voting for and maybe vote the guy/gal who will take your needs into consideration, instead of the big corporations, and then maybe then, we will have fair, just and moral laws.

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David Sacks was my lawyer in a custody case many years ago. He treated me with respect and kindness. My children are grown now and I thank him every day for the effort and work he put into my case. He is a very trust worthy person and he has always had my respect throughout the years. ~ Cynthia
I am in final of the case, not allowed to explain details but David B. Sacks is an excellent Attorney, I am very satisfied with his services and professionalism! I highly recommend him. ~ Discrimination Client
I was able to obtain the best legal representation there was available when Mr. Sacks took over my employment case. Due to the nature of the case I had almost lost all hope. Fortunately Mr. Sacks took my case and with a realistic approach obtained all the information necesary to back up my legal petition. He and his office employees know what they are doing and deliver the best outcome possible. They are the best! - Employment Client
Last fall I found myself in a sad predicament; I had to replace my attorney who had originally handled my EEO case. I called/emailed/requested help through attorney personal websites, and the Florida Bar for a replacement within my short deadline. Over sixty attorneys either failed to respond or turned me down. I was than referred to Attorney David Sacks in Jacksonville and four months later this EEO matter was mediated and settled. If you are looking for an attorney who will tell you exactly what you should/should not expect, one that is open and honest, one that keeps you informed so that you always know where you stand, I whole heartedly recommend Mr. Sacks. I hope I never need another attorney, but if I do, I will be calling Mr. David Sacks. ~ Nancy Kineer-Luckey
David B. Sacks, PA - Jacksonville Attorney

About David B. Sacks, PA

Experienced Employment Lawyer in Jacksonville, Florida At the Law Office of David B. Sacks, PA, we provide people with straightforward legal advice and skilled representation in a variety of practice areas. Unlike other firms, we don't tell you what you want to hear, we tell you what you need to hear. Whatever your legal needs are, you can count on us to steer you toward success. Mr. Sacks was born in New York City, New York. He graduated with honors and obtained his Bachelor's degree in 1988 from North Texas State University. He received his Juris Doctorate in 1991 from University of the Pacific, McGeorge School of Law with Honors and Order of the Coif. He was admitted to both the Florida and California Bars in 1992. In 1994, he was admitted to practice in the U. S. District Court, Middle District of Florida. In 1995, … Read More »

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