Employers and Employees – The Battle is Waged: The Fight is Important

LookEmployers throughout the world, including Disney, American Express, Wells Fargo, and thousands more, have begun to battle their employees.  Unionized shops, the battle has been waged for 50 years and shows no sign of relenting.  Only recently have other employers joined the fray, not to help employees but to rid themselves of employees.  These businesses are fighting employees against their employees for the company’s culture and soul.  Couched in many a buzzword, political stance, and archaic practices, the employers want to rid their workforces of those they despise, and the battle is legal!

Make no mistake, what the employers are doing is immoral, unethical, and disastrous to those employees unfavored, but the actions remain perfectly legal, and this is the point we must understand.  Laws have been changed against the majority for the selectivization and advancement of the minority.  The fight is important because you might be next and never know your termination has been affected, but not enforced until it is too late.  This article intends to raise awareness, not cover every particle in the fight or catalog every avenue an employer might take to attack an employee.  Imperative to know and remember, as long as the actions are against individuals, no laws are being broken, and the employer wins when they can make the situation untenable, and the employee on the out quits or is forced out under a miasma of quasi-legal terms, so it appears that employee was treated fairly.Plato 2

Never forget, a lawyer’s job is to make the illegal appear legal, and the legal appear illegal, so a judge must decide.  Add in judicial activism and legislation from the judicial bench, and the trouble becomes apparent quickly.  Unfortunately, the lawyers’ training has shifted, and the legal mind’s quality has slipped under the weight of many of the topics discussed herein.  The vicious cycle can only be broken when the collective beliefs of the majority are re-established, not to the demise of the minority but the growth of the entire society.

Culture and Politics

As long as people have banded together into organizations, societies, governments, etc., there has been the push and pull of politics.  All of recorded history bears truth to this fact.  People have beliefs.  They express these beliefs through representatives who rise and fall in different leadership positions, and societies change according to the expressed beliefs through which a society is governed (law).  Pick a governing style (Communism, Socialism, Representative, Direct or Indirect Representation, Monarchy, Theocracy, etc.), and you will find the collective beliefs of the people expressed in how long a leader remains in power or the stability of the society so governed.  Politics happens and is best described as the push/pull of collective beliefs expressed by populations.  Economies rise and fall based upon the collective beliefs, expressed in the stability of the society and the government leader’s length of time as leader.Lemmings 1

History has shown when a governing leader is short-lived, it is generally because they refused to follow the collective beliefs of the population, giving rise to the credit ratings of stable governments and societies being higher than for those who are changing leadership every couple of weeks or months.  Those leaders who can tread the waters of public opinion maintain their jobs and, many times in history, their heads by following the collective beliefs in the morals of the people.  The US Dollar’s stability is one of the strongest reasons this currency is one of the world’s benchmark currencies.  Politics did that, and politics are the push/pull collective beliefs expressed by the citizens to their government leaders.  The process is messy and needs to be messy for a reason; only in the expression of two divergent points can a healthy middle ground be established, and society can grow.

Culture is not politics, but politics and politically minded people can influence it.  If politics is a society’s expressed beliefs, then culture is the expressed moral convictions as lived by a community.  For example, many institutions have been built on the law that coveting (envy) is wrong, but the practices of the people living build a culture that accepts graft, bribes, and other incentives that, while violating the law, are accepted.  Make sense?  The closer the culture is to following both the letter of the law and the living of the law provides for a stable and influential culture to invest resources into.?u=http2.bp.blogspot.com-BKwWSo412lIUngTRkmSYwIAAAAAAAARd8GqxDhvovmRgs1600salestaxcartoon.jpg&f=1&nofb=1

How does one change the collective beliefs of a society and the living practices of that society; first, you capture the children.  Bad ideas do not go away, they are either replaced with good ideas, or the bad ideas go into hiding, awaiting the time they can make a new appearance.  Everything modern society is facing has been faced previously, and the difference is that the seeds for the current dilemmas were planted more than 100-years ago, but the bad ideas first captured the children.  Why have these bad ideas advanced so rapidly?  The education of children in social customs, collectively shared beliefs, and individual duty, has been eroded and attacked mercilessly since “progressive education” (the refusal to teach children to read, write, and perform math) began in the late 1800s with Dewey, who called functional illiteracy “Progress!”

One of the first words plasticized, twisted, ripped apart, and then put together to fuel tyranny through modular language was the term progress.  Unfortunately, language has continued to suffer relentless attacks since the late 1800s, and more words have suffered the same fate in the modularization of language.  Consider with me the history of Tea.  Tea plantations in India were ruled by the iron fist of laws drafted in America and marketed with women in distress to the consuming nations geographically distant to where the crops were grown.  The tyranny of slavery is the same tyranny we face with modular language.  Nobody realizes this because to mention this connection is frowned upon by those making money off the tyranny of language.  The tyranny of modular language fueled the oppression of entire populations to fuel an empire.  The language led to actions (afternoon tea) and a host of other practices, words, and social customs to fuel the demand for Tea.  Unfortunately, the tyranny of modular language also fueled hot wars in China, more geographically distant suffering from the population consuming Tea.History of Tea | Dilmah School of Tea

Language – Plastic Terms

Diversity, what is it; what does it mean in practice versus meaning from a dictionary; what value does it have for a business?  Equity, same problem, fewer answers, more confusion.  Inclusion, same problem, confusion, chaos, and eventual destruction.  These are, but a small sample of current buzzwords strung together and causing problems in businesses.  There are entire word classes set apart for plasticization, which sound good to the ear, and that people love to rally behind, but these terms cover a hidden agenda.   They have been weaponized to destroy, not lift and build—tyranny through modular language, plastic words.Plastic Words: The Tyranny of a Modular Language By Uwe Poerksen

American Express is a perfect example of how DE&I efforts (Diversity, Equity, and Inclusion) have been weaponized to pick away, through politics, the non-politically affiliated, those who show up to their employment and merely want to work their job.  The University of Phoenix is another company long captured by, and suffering from, DE&I tyrants.  Both American Express and the University of Phoenix began their DE&I journeys with the best of intentions.  Still, the result remains the same, the minority classes bring politics anathema to good order and discipline into the company, initiating change cloaked in DE&I.  The result has been the discouragement and disenfranchisement of employees.  The DE&I champions crow and cheer for these people leaving as it injects more DE&I hiring, and the new employees realize that unless they are politically affiliated, read that as aligned to a militant tyrant in DE&I, they too will be out of work very shortly.

Language matters, and when terms are plasticized, the only result is destruction and tyranny.  Consider the teachers in the Albuquerque Public Schools System or the employees of the State of New Mexico; both populations stress DE&I initiatives under various names but with the same purpose.  Who are the enemies of DE&I; those who do not wear their politics on their sleeves, acting as emotionally charged smart bombs of the media.  Even if a person holds some of the DE&I beliefs, if they are not militant in their beliefs, they are ostracized by their language, judged, and removed from employment.Political Correctness = Language and Thought Control | Wake Up World

When the patients rule the asylum, the problems for all patients in the asylum double and triple, not improve.  The same result occurs when the vocal minorities of a population gain power that is not theirs, and they make no concerted efforts to rule fairly and justly.  One of the truths about any revolution is that those who initiated the revolution rarely (if ever) get to enjoy the fruits of their rebellion as they are so focused on fixing what they perceive as injustices, they miss that they have become worse in action than those they deposed.

80-20 Rule

The 80/20 Rule is known by many monikers, but always it is the same rule, in different wrapping – 80% of a population will be controlled by 20%.  In standard terms, the minority is setting the culture for the 80% to follow, and they hope you will never realize you are stronger without the vocal minority than with them.  Take the recent changes at Disney.  There is a vocal minority demanding change, couching the changes in diversity, equity, and inclusion, and the Disney business model is about to self-destruct.  The same is true of American Express, where if you are male and white, you are not welcome.  But, if you are one of the members of any number of protected classes, you are welcome.  When politics interferes in professional pursuits, 80% will always suffer under the tyranny of the 20%.  What happens when the vocal minority becomes the majority, they fang themselves to death, and nobody is left to care because that 80% majority has left them to their own devices.Pareto Principle: understanding the 80/20 Rule

It should go without saying, but I will make plain, I am not against diversity.  I do believe that diversity for diversity’s sake is wrong, immoral, unethical, and anathema to good order in a society.  Diversity of thought should be preeminent as the diversity of thought transcends skin color and lifestyle choices.  Diversity of thinking includes the desire to see all succeed on merit, character, and individual action.  I abhor in the strongest terms picking a person solely based on their gender, skin color, religious preferences, disability status, culture, or any variable that supersedes accomplishment, education, and learned skill set.  The same is valid for inclusion and equity; when people cannot compete solely upon achievement, education, and intellectual skill sets, this creates an imbalance in the population.

Hence roadblocks to education must be removed, character-defining and building experiences should be shared and taught, and achievement recognized.  What is missing from schools from K-12 and up; is accomplishment, education, and learned skill sets.  What has replaced these; is DE&I, where the vocal minority is destroying with no thought for what replaces the institutions, societies, corporations, and more.  Iconoclasm in its most destructive form has taken over employers, and these companies are committing suicide to pacify, tranquilize, and placate a small population at the expense of all.Make the 80/20 Rule Work for Your Online Marketing Efforts | WillTan.com

Inherently, change is not bad but growing, productive, and useful change requires inputs from a diverse population.  Inclusion is not inherently a bad thing, but the current demands for inclusion, only for the sake of inclusion, make the activities of the vocal minority lethal to the entire social body.  Equity is a prerequisite for society to grow, develop, and be stable long-term.  This is why societies built on slavery, or those muzzling 50% of the population, are inherently ripe for hostile takeovers.

The actions of the vocal minority in employment right now are precarious at best, suicidal at worst, and permanently immoral and unethical.  The models they promote have no substance and enable unfair, unjust, and unequal systems.  Worse, companies that flout their customer base, which is the largest stakeholder in any business, will find smaller profit margins and higher expenses as employee churn increases.

Knowledge Check!One truth that should give hope to the employees affected is that when the minority becomes the majority in a body and does not have any substance, they destroy themselves.  C-Leaders, are you sure you want to take the company you have been placed in control over down this dangerous path?  On my first day at American Express, new hires were introduced to the rich, proud, and stable company history and core values.  How sad it is to witness how fast this company has fallen!  Who will replace these companies?  Will their replacements learn from the failures of the past?

© Copyright 2022 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.  Quoted materials remain the property of the original author.

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Shifting The Employment Paradigm – Or, Hastening The Trend to Stop Knowledge Loss

Several mainstream academic and corporate researchers are reporting a trend in employment, shifting from an employer-employee relationship with fixed costs to a non-traditional or contractor based workforce, where costs rise and fall as needed to fill business needs.  American Express recently announced a huge layoff; other business organizations are also scaling back employee hours or executing mass layoffs.  Since the New Year (2013), several business organizations have announced reductions, under Federal Government pressure, making full-time employees become part-time employees with less than 20 hours a week scheduled.  Before implementing mass layoffs and the inherent drain of knowledge resulting from those layoffs, business leaders would do well to research shifting from employees to knowledge-based contractors, which has proven profitable and unencumbering to the ebb and flow of transition and to the uninterrupted, well-ordered processes of success as well as solving the unintentional consequences of unresolved patterns of cost escalating loss.

Consider the costs, not simply dollars and cents, but intellectual cost, productivity costs, time lost, and more that is now draining the resources of these organizations.  The fixed employee costs are too egregious to be borne, but the need for the work of the employee remains.  The fix to the problem continues to lie in disconnecting the employee and connecting that same worker to the organizational brand as an independent contractor.

For example, Company A employs 200 people.  Federal Government Regulations declare that the new fixed income costs have risen to $10,000 per employee, totaling $2 million annually.  Company B is a direct competitor to Company A and employs the same number of people, but 175 of these employees are contractors with various length contracts for specific work projects, hour of the day specified, and wages.  Company B, according to the IRS, employs only 25 employees at the same cost per employee of $10,000 totaling $250,000.  The advantages are obvious, realistic examples abound, and the process is slowly advancing.  It is past time to hasten this work.

Consider the loss of intellectual power during a mass layoff.  This is a potential (Blue) cost and the impact is measured in final (Green) cost outlays.  John Q. Worker, has been with Company A for three years and has moved from production labor to supervisor, mainly by his competency in keeping production running smoothly.  John and his senior team members have been groomed as subject matter experts and are recognized for their professionalism and work knowledge.  John’s team is laid off along with several lower ranking members of other teams.  The knowledge drain in production creates a debt into which training, time, and other company resources must be poured to recover the loss of knowledge when John and his team were laid off.  In a down economy, how does Company A recoup the loss of knowledge?  What happens if John and his senior team members, who all work well together, approach Company B and offer their knowledge for sale?

This single cost reflects a vast amount of organizational resources that will require double the cost outlay to replace.  How is the investment doubled? John was just one person; however, the doubling of the investment comes from the immediate lack of knowledge coupled with the need to train a replacement on the job.  Layoffs only work in boosting short-term profit margins but remain a permanent lose-lose situation for the business organizations due to the intellectual drain, the doubling of costs to replace and restructure, and the need for business to continue.  Needs of business do not go away when employees are laid off.  Yet, how many of these now doubled costs would be an issue if John was changed simply from an employee to an intellectual worker, in fact, all those who were laid off.  John and his team would remain in their current roles performing their skills and talents with freedom and independence, and the company would gain a powerful resource for improving production as well as taking a straight loss and turning it into a permanent gain.

This is the power of the independent contractor model.  Layoffs are straight loss scenarios: employers lose, employees lose, communities lose, states lose, and ultimately the entire society loses.  Jobs lost in New York make for tougher times in California.  Collins (2001) wrote, in his book ‘Good to Great,’ about this cycle of layoffs and the destruction caused.  If American Business cannot or will not choose a different model to embrace, other than employee/employer, the American Experiment is doomed to fail; doomed because the same problems inherent in ‘Right to Control’ are the root causes to runaway government power grabs, compensatory spending problems, and theft of public resources for personal gain.

Other thoughts from Collins (2001) include the following gems for consideration, regardless of your level of leadership.

“Mergers and acquisitions play virtually no role in igniting transformation…”  This means that changing organizations through merger or acquisition does not correct the core problems in an organization.

“Technology … has virtually nothing to do with igniting transformation…”  Adopting new technology does not change core problems.

“Greatness is not a function of circumstance.  Greatness … is largely a matter of CONSCIOUS CHOICE.”  [Emphasis mine]

The final quote from Collins (2001) is the perfect thought:  choose greatness, free the employee to become an independent contractor.  This brings about the final conclusion discovered by Collins (2001): “… Good to great companies paid scant attention to managing change, motivating people, or creating alignment…”  Collins (2001) declares this is possible because the workers were empowered with the dual culture of entrepreneurship and discipline.  Other authors and business researchers are drawing the same conclusions.  When the employee is empowered, truly empowered, the organizational leaders are free to drive the company because the people problem is solved and the freedom to use their skills and talents as a contractor perfects the processes and procedures.

Shift the paradigm, free the employee, and watch the business become great.

How does Company B from our example manage all the contracts?  The HR team contracts two-contract lawyers for contract design.  One full-time IT person engineers the contract website where the prospective contractor creates a contract using options personally motivating to the contractor.  Upon legal endorsement of the validity of the newly created contract, the head of the HR Team, working in concert with the head of the department, makes operational changes to meet essential requirements, which are presented to the potential new contractor for negotiation and agreement.  Upon reaching an initial agreement, the document goes back to HR Legal Team for final review and approval.  Once completed, the new contractor signs with the department head and work begins.

References

Collins, J. (2001). Good to great why some companies make the leap… and others don’t. (1st ed.). New York, New York: HarperCollins.

© 2013 M. Dave Salisbury

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