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Would it be legal to sign away your rights to a corporation?

Freedom1Man

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Some of th e best pilots that I have been told about, from those who went flying with them, where high as a kite while flying. These are people whom were sent to fight (die) in the Vietnam conflict.

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color of law

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Some of the best pilots that I have been told about, from those who went flying with them, where high as a kite while flying. These are people whom were sent to fight (die) in the Vietnam conflict.

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So when you were flying around up there you could see all those lines drawn outlining each state couldn't you?????
 

utbagpiper

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Some of th e best pilots that I have been told about, from those who went flying with them, where high as a kite while flying. These are people whom were sent to fight (die) in the Vietnam conflict.

We used to hear such things about drunk drivers. A little booze was supposed to "loosen up" so folks so they drove better. We now know that is complete bunk. And really funny "WKRP in Cincinnati" episodes notwithstanding, I doubt there is anyone out there whose motor skills and reaction time actually improve at high BAC levels.

Most likely, the pilots were good enough that even in an impaired condition their flying was still good; and a little bit of "fish tales" being told might also account for some of the

I note the following from the National Institute of Health. Note that they concede reaction times are not harmed by marijuana use, but do report declines in motor skills and an increase in error rates for movement.


In this research were analyzed the effects of marijuana on human reaction time and on performance for motor responses involving both linear and rotary serial arm movements aimed at a target. A total of six experienced marijuana users served as subjects and three drug conditions (dose levels) were used, i.e., 0, 6.5, and 19.5-26.0 mg delta9-THC. The results showed that (a) (simple and complex) reaction time was not significantly affected by marijuana or by the interaction between drug conditions and the amount of information transmitted during the task, (b) linear movement time was significantly reduced after smoking marijuana, while rotary movement time was not significantly affected, (c) interaction between drug conditions and task complexity was insignificant in the case of both linear and rotary movements, and (d) error rates for the two types of motor movements increased significantly and especially for linear movements as the dose level increased.

But this seems rather tangential to the question of what limits if any to impose on the private employment contracts. But it does seem a fascinating area of conflicts. The same libertarian types who would argue for decriminalization of marijuana would also generally have to favor free markets allowing employers to set whatever employment terms they want. Conversely, typical liberals might well favor legalizations and also generally favor lots of limits on employment contracts. While conservatives might oppose legalization while also generally opposing too many limits on contracts....until such limits start to effect RKBA.

And third hand anecdotes notwithstanding, most sensible folks are going to support limits on drug use for those working in environments where impairment imposes risks on others. From miners to heavy equipment operators, pilots to medical personnel, underwater construction to those working around high voltage lines, a lot of jobs can point to safety as a reason to limit the off-the-clock use of any drug that is going to remain detectable in the system while on the clock.

Charles


Charles
 

color of law

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I have not had the experience of flying with a stoned pilot yet. I have stopped flying for the most part. I cannot stand the TSA.

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Even when you flew commercial you could see the lines drawn around each state, couldn't you????? You know, the lines that outlining each state, you could see them, right??????
 

Grim_Night

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Pierce County, Washington
How bout this one, can an employer require that one give up their right to vote, or require that one vote only for what the employer wishes to be voted for? Can an employer require an employee to not retain the services of an attorney? I have learned that while a contract provision may not be ruled "unconstitutional", they may very well be "unconscionable". And if found to be "unconscionable", the provision would be ruled null and void.

Unconscionability

Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract.
 

skidmark

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How bout this one, can an employer require that one give up their right to vote, or require that one vote only for what the employer wishes to be voted for? Can an employer require an employee to not retain the services of an attorney? I have learned that while a contract provision may not be ruled "unconstitutional", they may very well be "unconscionable". And if found to be "unconscionable", the provision would be ruled null and void.

Unconscionability

1 - No. If for no other reason than there are laws against such.

2 - 2 - Ditto

3 - Yes. It's commonly done. Called arbitration.

Howe long are you (collectively) going to beat this horse? The bottom line is that nobody is holding a gun to your head forcing you to take employment with this or that particular employer under these or those conditions, and even if they were you could select option B and get shot in the head.

stay safe.
 

Freedom1Man

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How bout this one, can an employer require that one give up their right to vote, or require that one vote only for what the employer wishes to be voted for? Can an employer require an employee to not retain the services of an attorney? I have learned that while a contract provision may not be ruled "unconstitutional", they may very well be "unconscionable". And if found to be "unconscionable", the provision would be ruled null and void.

Unconscionability
Perfect logical step. This is where the question becomes, where is the line?

Non-compete clauses I totally understand, shared discovery clauses too (you work at an engineering firm, and "invent" on you own time), no drug use on the job totally understand, there are clauses that are there to prevent conflict of interests, no office romance clauses, stuff like that I totally understand and would agree with

But a company that says drug free but does not prohibited nicotine and has people showing up drunk and/or hung over and/or drinking on the job is hypocritical for punishing the one guy who had a medical use m card, especially when the collision was not his fault by eye witnesses, video proof, and admission of fault by the outside driver.

Like you pointed out, where is the line? If you do not vote for these people, here in thr office, while being watched, you will be fired.



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OC for ME

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White Oak Plantation
Right to work? In reality it is "the 'right' to not be fired for not paying union dues in a union shop."

We have the right to sign away our rights.
 

utbagpiper

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3 - Yes. It's commonly done. Called arbitration.

Just to pic a nit, but arbitration agreements do not prevent you from having a lawyer or other advocate. It just requires you to go through a non-judicial arbitration panel rather than going to court.


Howe long are you (collectively) going to beat this horse? The bottom line is that nobody is holding a gun to your head forcing you to take employment with this or that particular employer under these or those conditions, and even if they were you could select option B and get shot in the head.

As you conceded in your first answer, however, there are laws limiting what conditions an employer can even ask an employee to accept. There can be fine arguments about what limits ought to exist on private contracts between employer and employee. But the fact that many limits do exist--from OSHA and ADA, to anti-discrimination and parking lot preemption, a host of limits exist. Toss in the generic "contrary to public policy" limits and there are even more. In fact, even "right-to-work" laws impose a specific limit on what employers can require employees to agree to. Specifically, "right-to-work" laws prevent employers from requiring an employee to join a union in order to get a job. The fact that most employers like this limitation doesn't change the fact that it is a limitation. Rather than employers having to resist the power of unions to say, "We will not require union membership as a condition of working," those employers get to say, "State law doesn't allow us to require union membership as a condition of employment."

We could say that nobody holds a gun to your head to force you to join a union if you don't want to join a union. But in union-strong States the choice may well be to join a union or to be unemployed or under-employed. Hence the reason that many of us support right-to-work laws.

It doesn't take a lot of imagination to see how the same situation could exist with any number of other conditions. Nobody forces a homosexual man to work for a bigoted employer. But in many areas, absent anti-discrimination laws, the only practical choice might be to either hide in the closet or to be unemployed or underemployed. In other areas, nobody will force to accept a job where you are required to attend a Christian Church at least 3 times a month. But if you don't attend church, you would be unable to find employment.

Put into solid historic perspective because human nature changes less than many would like to admit, presumably nobody held a gun to the head of anyone working in early 20th century textile plants where the air was full of fluff that killed workers who breathed it for more than a year. But you could starve to death this week, or you could go to work and take your chances with the fluff for a couple of years. And if your 12 year old child died of respiratory illness from working in the factory, that was just life wasn't it?

Could we please stop beating the horse of "nobody holds a gun to your head" as if we were or should be some absolute libertarian utopian? One doesn't have to be a pinko-commie-left-wing-socialist-tree-hugger-gun-grabber to understand why some limits on employer conduct, some protections for workers, are a really good thing. Libertarianism is a really good theory. In practice, it has some rather ugly aspects most of us would prefer to avoid.

Charles
 

utbagpiper

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We have the right to sign away our rights.

You have a right to alienate your unalienable rights? Interesting concept.

So when someone sells his heart in exchange for $1 Million and 6 months to go live high, do you really expect any court to help the buyer strap the stupid victim do a gurney so his heart can be harvested per the terms of the contract?

You expect the courts or society to respect and enforce a contract for indentured servitude?

As long as there is a contract in place, miners should not have any appeal to OSHA safety standards?

Interesting world you support.

Charles
 
B

Bikenut

Guest
We cannot sign away our rights because rights are an inherent characteristic of being a human being.

But we can voluntarily agree to not exercise a right on and/or off the clock in exchange for wages or some other benefit.

Or, in the case of governments, we can be forced to suffer fines and/or incarceration as punishment for exercising a right.
 

nonameisgood

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We do frequently not allow employers to do just any old thing. We prohibit certain discriminatory things as "I don't hire women." It is certainly not a stretch to think that we would prohibit employers from dictating where we live or what TV shows we watch. This would be even more relevant to actual rights.

That said, just because something is not prohibited by statute or regulation doesn't mean it is a right. If we need a word for them, those things are freedoms. An actual right is something that can't be legislated away, whereas a freedom can be restricted or prohibited by law.

And while on my pedantic binge, police power isn't a right. Police (or if you prefer, the government) have statutory authority to do only certain things. What they are authorized to do are not rights.


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MAC702

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We do frequently not allow employers to do just any old thing. We prohibit certain discriminatory things as "I don't hire women."...

Even then, there are ways for exceptions. Only want cute, sexy women as your "waitresses?" Don't hire waitresses. You hire "entertainers." Now you can screen to your heart's content.
 

solus

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Even then, there are ways for exceptions. Only want cute, sexy women as your "waitresses?" Don't hire waitresses. You hire "entertainers." Now you can screen to your heart's content.

hooters discovered that distinction...

ipse
 

OC for ME

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You have a right to alienate your unalienable rights? Interesting concept.

So when someone sells his heart in exchange for $1 Million and 6 months to go live high, do you really expect any court to help the buyer strap the stupid victim do a gurney so his heart can be harvested per the terms of the contract?

You expect the courts or society to respect and enforce a contract for indentured servitude?

As long as there is a contract in place, miners should not have any appeal to OSHA safety standards?

Interesting world you support.

Charles
Please make your case that any citizen does not have the right to sign away his rights. Resorting to hyperbole and a insult, as you do above, is certainly not mindful of civil discourse.

Cite were I support indentured servitude. Cite were I oppose mine safety regulations. Cite where I expect a court (government) to permit the killing of a citizen in pursuit of contract enforcement.

I submit that the only entity that is willing to kill to enforce a contract is the government.
 

The Donkey

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Northern Virginia
We are on two different planets. I am not referring to any type of employer employee relationships, including independent contractors or any such type of relationship known by any other name.

All I'm pointing out is there are other ways to skin a cat. And I totally understand that 99% of workers function in your world.

Nothing further to discuss....

Looking back to FreedomMan's original post, I probably do share the same planet with him, at least as far as subject matter is concerned.

But when I look at other posts here I think you may be right.

Not about skinning cats though -- most income I hope to receive for the rest of my life should come from written contracts.

As I read it, much of this thread is not about law, contracts, theory or semantics so much as it is about dignity.
 

utbagpiper

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Please make your case that any citizen does not have the right to sign away his rights.

Are rights unalienable or are they not?

I made my case in asking questions that exposed how signing away your rights can lead to some cases so extreme that my mere mentioning them causes you to wrongly claim I have insulted you. I think that makes my case rather strongly. I think there are rights you cannot sign away in our society; or at least society will not recognize such contracts as valid, binding, nor a defense to what would otherwise be crimes.


Resorting to hyperbole and a insult, as you do above, is certainly not mindful of civil discourse.

Please cite where I made any insult. I asked questions based on your blanket statement.

And what hyperbole? Given the opportunity you don't think there are those well enough off financially, but morally bereft enough as to purchase a heart from a perfectly healthy man? You don't think there are those who might calculate that a 10 or 20% premium on wages is cheaper than complying with OSHA regulations if such regs can be avoided through an employment contract? And indentured servitude is not even hypothetical but was a commonly used means of one paying for his passage across the Atlantic to escape Europe and come to the New World.

Cite were I support indentured servitude.

Does a citizen have a right to sign away his rights or doesn't he? What is your position?

Many persons were able to escape Europe and come to the New World only because such contracts were available. Such contracts were available only because they were enforced by the courts. I'm sure with a little imagination one could envision cases today where similar contracts might very beneficial to refugees or persecuted minorities who cannot otherwise afford to escape their persecutors. A rational case can be made for almost anything. Would you support or oppose the courts enforcing contracts for indentured servitude in our day, or wouldn't you?

Cite were I oppose mine safety regulations.

Does a citizen have a right to sign away his rights or doesn't he? What is your position?


Cite where I expect a court (government) to permit the killing of a citizen in pursuit of contract enforcement.

Does a citizen have a right to sign away his rights or doesn't he? What is the value of a contract, willingly entered into, if the courts will not enforce it? What is your position?


I submit that the only entity that is willing to kill to enforce a contract is the government.

I submit that any number of individuals might be willing to kill to enforce a contract and that brings up the question of whether courts/government/society is obligated to help enforce such a contract--freely and knowingly entered into--just as we would a routine contract for goods and services, or whether we are entitled to refuse to enforce such contracts under one principle or another.

I ask this bearing in mind that non-enforceable contracts are tantamount to saying that there are certain rights we will not allow a man to sign away.

You made a blanket statement of support for a citizen being able to sign away his rights. You did so in a thread where any number of likely exceptions to that claim had already been made. Within that context, I simply provided three examples of where a perfect respect for private contracts (the right to sign away our rights) could lead.

If you want to provide some exceptions or provisos to your blanket and bold assertion about signing away our rights, feel free to do so.

Or, stand boldly on your assertion and accept the extreme cases.

But don't pretend I've done anything untoward in asking you to elaborate your position.

Certainly no more untoward than how you have sometimes represented some of my positions.

Charles
 

nonameisgood

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A contract for an illegal act is unenforceable (and I would guess would be evidence of a conspiracy to commit the named crime.)

One cannot assume risk for an employer as it relates to physical safety. An employer cannot buy an employee's safety away from the employee. The workplace is required to be free of recognized hazards, and while people play games with that all the time and pay "hazard pay", it is actually unlawful to do so IF the employer could make the work and workplace safe at any cost. That applies to most workplaces, but there are exceptions.


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OC for ME

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Are rights unalienable or are they not?

I made my case in asking questions that exposed how signing away your rights can lead to some cases so extreme that my mere mentioning them causes you to wrongly claim I have insulted you. I think that makes my case rather strongly. I think there are rights you cannot sign away in our society; or at least society will not recognize such contracts as valid, binding, nor a defense to what would otherwise be crimes.
...

Charles
You have not addressed whether or not you have the right to sign away your rights?

Can you sign away your right to life?
Can you sign away your right to property?
Can you sign away your right to liberty (freedom of movement)?
Can you sign away your right to privacy?

Simple questions.

The insult.
quote_icon.png
Originally Posted by utbagpiper

You have a right to alienate your unalienable rights? Interesting concept.

So when someone sells his heart in exchange for $1 Million and 6 months to go live high, do you really expect any court to help the buyer strap the stupid victim do a gurney so his heart can be harvested per the terms of the contract?

You expect the courts or society to respect and enforce a contract for indentured servitude?

As long as there is a contract in place, miners should not have any appeal to OSHA safety standards?

Interesting world you support.

Charles
You have not cited where I support indentured servitude, unsafe mines, and the killing of a healthy citizen for his organs.
 
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