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Transition Rights: the Evolution of Employee Rights

Wednesday, June 25th, 2008

What if losing your job wasn’t a big deal? What if you’re downsized, RIFed, outsourced, laid off, or just plain fired – and you don’t panic, feel like a total loser, get depressed, or go into debt? What if there was no negative stigma involved in losing your job – in fact, what if the idea of “losing” a job became quaintly outmoded, and the idea of making a positive change took its place?

 

What if you had the freedom to explore what you want to do next, without financial devastation? What if you’re sick of being a lawyer and want to be an organic farmer? What if you’re a bricklayer and want to be a teacher? What if you never had to feel trapped in a job you didn’t like, held hostage by salary and benefits?  And what if this were possible?

 

It can be possible. It’s a concept called “Transition Rights.” Workers would pay into their transition fund much like they now pay into a 401k, with dollars matched by the employer, local or federal government, and possibly also by charitable foundations. So when employees are laid off or just want to change jobs, their transition fund is available.

 

The idea of transition rights is based in part on the ideas of Amartya Sen, Nobel prize-winning economist and philosopher; Gunther Schmid, a German economist; and Karen Orren, author of “Belated Feudalism.” The basic premise is that workers – whatever color their collars are – should not be treated like serfs, earning their bread at the mercy of the local landlord. If we as a society truly embrace individual freedom and dignity, we must begin to reshape our concept of the employee-employer relationship, which is still referred to in U.S. law as “master-servant.” 

 In exotic northeast Indiana, where all segments of the labor market are far too experienced in unemployment and transtions, the Workers’ Project is connecting the ideas of Sen, Schmid and Orren to working reality. There is wide recognition that the economy has been broken on the heads of workers but will be fixed by their ingenuity and initiative. Employment attorney Alan VerPlanck along with UP board member and Northeast Indiana Central Labor Council president Tom Lewandowski believe the best hope for implementation of transition benefits programs may be at the local labor market level.       While transition rights are currently only at a developmental stage, Lifelong Learning Accounts (LiLAs) are a similar concept already in effect in several states and are embraced by dozens of companies. LiLAs are employer-matched, portable, employee-owned accounts used to finance education and training. Senate Bill S 26 proposes the establishment of a federal demonstration program for such accounts. The Council for Adult and Experiential Learning (CAEL) strongly endorses LiLAs. 

The average American will change jobs 10 times between ages 18 and 40, according to the Bureau of Labor Statistics. In the United States, layoffs are easily accomplished (when compared with France, Italy, Germany, and elsewhere where national laws limit lay-off activity) and are a source of economic strength that greatly benefit American-based companies.  Those proposing transition rights assert that it would make economic sense to help workers accept – and even embrace — the transitions that are now a normal part of our work-life.  A more aggressive development of transition rights would be a positive step in that direction.

As VerPlanck recently wrote in his blog on the Working Indiana website, The clear advantage of refocusing the life-course and work-life balance is a promotion of individual liberty and freedom of choice.  One of the ironies of American life is its often blind belief in and adherence to marketplace norms—everywhere but in the labor market.  Perhaps by investing in transition rights we can … provide enrichment to human capital.”  

Enter the Entrepreneur

Wednesday, June 25th, 2008

As we find ourselves not-so-valued by Corporate America, with our jobs outsourced to who knows where, the vacuum left by the departure of other-created busy-ness may be filled with a rush of creativity. If your energy rush includes the thought that, hey, maybe companies will want to outsource jobs I can do to me if I become a freelance contractor or consultant, read on. The fact is, even if you become re-employed full-time, you now know that for the rest of your career, it’s your career - captain of your ship, owner of your brand, salesperson of your skills. Any way you work it, you’re an entrepreneur.

Here are some strategies I’ve found that work. Focus on what you know. Outsource everything else. Repeat these two sentences until they become one with your breath. Form a clear and detailed picture in your mind of yourself doing what you want to do successfully - not just a verbal description of it; see it running like a film clip. Seriously. Entrepreneurs need to become adept at the arts of auto-suggestion and envisioning your goal so clearly your muscles go through the micro-motions of it, the same as top-level athletes do.

Especially in the early months of freelancing or entrepreneurship, it’s easy to get distracted by details of matters in which you are not an expert. Structure all your support staff-employees, contractors, advisors-to free you to do what only you can do. Usually that means two things. One, you’re the COO. You do all the production work or you closely direct the production staff. This is true whether the “product” is a physical product or a service. Two, in the beginning you’re the point-person for marketing and sales. In the early days (or years) of your independent contract work, you are establishing your brand. Especially if your product is a service, you are the brand. You have to establish trust in your “brand promise.” Later, the testimonies of satisfied clients can support that promise, and your sales and marketing minions can cite those “referenceable customers,” but in the beginning, you’re it.

If you thought reporting to your corporate boss was hard work, being your own boss is far more demanding in order to achieve success. You are now the boss, the producer, the workerbee, the gopher, the administrative assistant, and every other role you can imagine. Automation can help. Others who offer freelance services can help with bookkeeping, office administration, legal issues, marketing, sales and other functions that are not your primary expertise.

Join a local Chamber of Commerce, or just visit the list of members on their website, to find a trustworthy small-business attorney, accountant, and banker. Those are three resources you want to look in the eye and shake their hands, interview several of each, and then trust your gut on the final selection.

Much marketing and office admin work can be outsourced over the Web if you can’t find a reliable local provider. These are commodity services; they are what they are. Your office phone can actually be answered, and your mail (both e- and snail) can be sent, from anywhere. You want to cut the best deal for value of the service delivered for the fee you pay, the same way you shop for the best value in sugar, flour and milk. In the first few months of any such service that represents you to your customers/clients, monitor the provider’s performance closely. Call clients yourself and ask how they felt about phone and mail interactions with your “office staff.” Clients will appreciate your personal concern for quality in those functions, especially if they weren’t impressed with your virtual staff. If you’re not satisfied with their performance, tell them clearly one more time what you expect, check again, and if they’re not performing, terminate the contract before the “test” period expires. Make sure your agreement with them includes a test period during which you can terminate their service with 7 to 30 days’ notice. And be sure to get non-disclosure agreements from your service providers. Your local attorney should help you with all the contract issues. A hundred dollars of lawsuit prevention is worth a hundred thousand dollars of legal remedy.

Get ready for a long learning curve. Parts of it will be shallow and feel like they’re taking forever. Other parts will be steep and feel like too much is happening too fast. You will have resounding successes and howling failures, and you will develop the discipline to learn from both.

Resources for new entrepreneurs

Notice: Mention of an organization or website in this article is NOT an endorsement or recommendation. These are examples only to kick-start your research for the organizations and sites that work best for you … emphasis on the “work.” You’ll have to define what you want from each type of resource first (such as health insurance, job postings, or advice). Then you can do a nicely focused investigation, picking the best one or several for your purposes.

Freelancer organizations. Consider joining organizations for freelancers in general and professional organizations for your industry to network aggressively. Some offer regional networking, health and/or dental insurance plans, and other benefits.

  • Freelancers Union: Resources for all professions of freelancers. Membership is free. Visit http://www.freelancersunion.org/
  • Profession-specific organizations. None are listed here because you have many to choose from, and several will work better for you than others, depending on what you need it for. Many profession-specific freelance sites are run by a freelancer who makes part of his or her income by maintaining the site (especially if you have to pay for a subscription to see the job postings and receive newsletters), sending newsletters, and hosting Google-Ads. You’ll have to explore those for your own best value.

Freelancer information. Websites offer information for freelancers. Most offer access to job postings, and resources for posting your profile, e-networking among members, subscription to newsletters.

Business start-up information. Websites offer information for those starting companies.

You have now read the equivalent of three pages. That’s two more than a CEO would read. Your reading level is probably also higher than 7th Grade. We’re done here. Now, focus like a laser on your goals. Go on … start up!

A Supreme Court Victory for Older Workers

Friday, June 20th, 2008

From The New York Times: 

 ”WASHINGTON — The Supreme Court ruled for older workers Thursday in a closely watched age discrimination case, placing on employers the burden of proving that a layoff or other action that hurts older workers more than others was based not on age but on some other “reasonable factor.” …

“[T]his decision, coming near the end of the Supreme Court’s term, completed a five-for-five sweep for employees’ rights in workplace discrimination cases that was little short of astonishing, given how far the court had appeared to be tilting toward business under Chief Justice John G. Roberts Jr. By comfortable margins, the court interpreted federal antidiscrimination statutes broadly to enable employees to overcome procedural hurdles and to pursue a category of claims not fully detailed in the statutes themselves.” …”

EPI urges immediate action on unemployment benefits extension

Tuesday, June 10th, 2008

From EPI, the Economic Policy Institute:

“This morning, EPI Vice President Ross Eisenbrey issued the following statement on pending legislation to extend unemployment benefits:

“For months, as the nation’s economy has deteriorated, members of Congress have tried and failed to push through a common-sense extension of unemployment insurance benefits. Now there is another chance. House leaders plan to vote as soon as tomorrow (Wednesday) on a stand-alone extension bill passed Monday by the House Ways and Means Committee. The extension, which adds 13 weeks of benefits to unemployed workers who have exhausted their benefits, might also remain attached to the emergency supplemental appropriations bill for war funding. Congress should use every possible vehicle to put this issue before the president.

For the families of the millions of workers who are exhausting their right to unemployment compensation, the deteriorating job market is a real emergency. There are now only 3.7 million job vacancies but 8.5 million unemployed looking for work. The fault is not with the jobless; the problem is a failing economy and the government’s failure to turn it around.” The Congressional Budget Office estimates that the bill now under consideration will provide benefits to 3.8 million people who otherwise are at extreme financial risk. The benefits will also provide a crucial boost to the faltering economy. Now is the time to ensure that Congress takes action. EPI asks that you contact your local representatives in the House and Senate (names and addresses can be located at www.house.gov and www.senate.gov) and urge them to pass this needed legislation.”