25 Nov Court looks to make Obamacare hurt
After the healthcare monstrosity known as Obamacare was passed, the vast majority of employers in the country were forced to slash hours so as to avoid going bankrupt. This is how most of the country managed to avoid seeing prices skyrocket, because the companies took steps to avoid put out of business by China and other out of country businesses by sidestepping the mandates.
Now, this method is being targeted by legal weasels.
In this country, it is illegal to cut off someone’s hours purely to avoid having to pay him benefits. This law is written up clearly in ERISA, which was primarily written to protect retirement benefits. Therefore, most people assumed that it meant that you couldn’t cut off someone’s properly accumulated benefits by cut them off at the very end. That is very different from taking steps to avoid having to pay for a brand new benefit, one that has zero accumulation behind it.
This, it least, is the thinking that powered the vast majority of company hiring policies and shift changes that have gone on over the last few years. So, of course, it became a target.
A partisan court (a court is partisan by definition, since there is a human being on the bench) decided that this particular line of reason was invalid, because it decided that healthcare was a right, not a benefit. This means that most of the companies that are still based in this country are in serious trouble. Fortunately, the company who was targeted took one for the team, choosing to go for a settlement that effectively rendered the ruling useless as a precedent.
Now, some rules.
Don’t hire weasels to work in your company, legal or otherwise. Unless, of course, they are your weasels. Then you can hire them, because weasels are useful whenever you can rely on them.
Of course, you need to know whether or not you can do so, so first you run a background check. After having run a background check, you will likely know whether or not a potential employee is a weasel, and if yes, the background check will tell you whether or not he’s reliable.
Its self protection, there is nothing wrong with it.