Job search law: a new area, and an area for reform

By Asa Montreaux

The field of job search law is fairly undeveloped in any country, and in reality the overarching hiring/onboarding law is something undeveloped. The concept of fair hiring is becoming more incorporated into the work world, but to a large extent at employers’ discretion, and on the basis of addressing major issues of unfairness only. Considering that these are issues for which they could be sued for most obviously, it is a stretch to say employer’s are doing things for fair hiring rights. Who is going to address all of the issues, and make the area truly regulated, and fair? Who is going to stop millions of young college graduates, or early career working professionals, from meeting zero job offers, at the same time they were promised thousand of options each? 

How is it we make corporations work for us, for the first time in history? While we don’t want them to become stolid fixtures controlled by a turned invasive government, we want at the same time to tame the organism that is a corporation, that can sometimes legally stretch and complexify to the point of having personhood.

How do we stop corporations from firing an employee, that generates revenue? And is not bothering others? And how do we stop them from keeping the money themselves, instead of hiring new employees, and beginning the careers of new graduates? As an economy grows, more workers means more salaries, which means more spending consumers, and more revenue. This cycle could continue on and on, and so why don’t we create the kind of law that makes corporations do just this?

What if they were regulated to pay us a significant portion of their profits, and what if they were required to hire the appropriate candidates? Why leave anything up to their personal judgement? In today’s age, there is no reason.

The need for better employment law is urgent. The need for reform to hiring practice, and hiring law, is of paramount importance. The wrong individuals continue to mistreat people in positions involving power much more appropriately dealt with by candidates, that would have been chosen by a proper hiring system.

Liberal theory does not delve into business regulation, especially employment regulation, nearly enough. It is time businesses employment practices are more highly regulated. It is time no one can turn you down based on a feeling, or sexual desire for another. It is time no can fire you without a reason.

Ask employers to increase their fairness with potential employees, and current employees. And ask them to consider fair and equitable treatment of employees to be a number one priority, and the first thing you would pitch to legislators if they want your bid for election.

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When we find a job posted online, it can sometimes appear we have the position on lock. You send in your resume, cover letter. Then, a few days go by, and it seems you have not got the job. Isn’t that misleading — if you have met the qualifications, to not have even received a call? At that point it should be legally required that they screen you, and see if they like you, and if you have the right attitude, and mentality for the position.

What is most concerning is posts involving lower paying jobs. Could there be predatory ads online? Employers have advertised familiar jobs, like server, grocery clerk, and yet attached to it is a salary equivalent to a more important position, say 35,000 dollars. 

Isn’t that the same kind of job that had paid minimum wage, skipped holiday and overtime pay? It surely is.

While you may find your hourly rate will lead to this salary, or close to it, you will surely not achieve it. The company will offer fewer than full time hours, even just part-time hours, and salary raises, promotions, will be so difficult to achieve they may only be lying something like that it possible. These are probably the same sub-poverty line positions, masquerading as a living wage job.

Concerning the job posts themselves, what would you do if this employer, for the job I have just described, did not contact you? Thousands of complainants online have described situations in which they cannot get a job at all. In which they have applied to three hundred positions, and have not secured any position at all, even at a fast-food restaurant. What kind of world is it if many adults cannot even secure a fast food position?

The answer may be that these jobs are false advertised. When selecting candidates for the position, they may have weeded out better candidates, and selected ones that would follow instructions more easily, do harder work with less complaints, and lastly, would believe they were getting a good job, when they really are not. If they suspect an employee will not complain at the point when they have realized it is not a good job, it may be more likely they will hire them. 

Faced with a thousand resumes, it may have been the case an employer felt there was no way someone could catch them throwing out better resumes. They might say, if anyone ever caught them, why would someone with those qualifications want to work here anyways?

It is certainly true that if these are the circumstances in which some jobs are being posted, the posters need to be brought to justice. While the job market fixates on fraudulent applicants, fraudulent job offerers are obviously just as much of a problem. And in terms of wasting people’s time, they leave them with zero income in the interim.

There is no doubt that predatory job ads are something out there today. An economy with jobs that do not represent positions, or do not represent positions that fulfill the candidates availability to work, do not support a highly functioning economy, and conversely it is a flawed economy, that moves sideways, and even in reverse. A shrinking economy is nothing we want, and it is the job of legislators and the public to desire and create an economy that is strong and supports everyone, rather than just one that is not corrupt. However, with these ads being something out there, that seems, at least to some extent, to be the case!