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[TN] Is it legal for the car dealership I work at to take 5% of my pay for a donation to a political party and to fire us for not being registered to that party. (self.legaladvice)

forceddonations が 投稿

The car dealership I work at was bought by a new owner in January. 12 people work here. He just put a new policy in effect where in addition to deductions and taxes 5% of our pay is taken and donated to a political party. He has also required that we all register to join this party. One of my coworkers objected (he is gay though he is not out because it's not socially acceptable here and only a few people know) and he was fired for his refusal to register because the party is against gay people. His unemployment application was also denied because the official reason for him being fired was insubordination. The rest of us are afraid to say anything because none of us can afford to get fired. I don't think it's right no matter which party you support. Is there anything we can do about this? Thanks!

Location is Tennessee.

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[–]derspiny 192ポイント193ポイント  (0子コメント)

It's not unusual for unemployment to be denied based on the employer's initial objection. If your ex-colleague appealed, then he would likely be awarded unemployment (dated back to the date he originally applied) unless your employer could corroborate the supposed insubordination.

I mention this, because Tennessee only allows deductions to offset debts owed by the employee to the employer, and only with the employee's written authorization in advance. Other deductions are not, as far as I can tell, permitted - and you can file with the state Department of Labor if your employer does not pay you your wages in full.

Doing so will likely cause your employer to terminate you at the earliest opportunity. It's illegal to fire employees in retaliation for wage claims, but it's not illegal to fire an employee who has filed a wage claim for some other cause, and it's up to the terminated employee to pursue any kind of retaliatory termination complaint.

[–]greeperfi 103ポイント104ポイント  (18子コメント)

If it's a corporation, and the donations are made to federal candidates or national parties, coercion is illegal. 11 CFR 114.2
Also, if they are a lobbyist employer (probably are not), then they are bundling contributions and have to register as such.
Finally, there is no TN statute, but the TN Department of Labor regs say that any deductions from wages must be authorized by the employee in writing.
So you can file a complaint with the FEC and the TN DOL.

[–]forceddonations[S] 70ポイント71ポイント  (14子コメント)

Thank you for the information. We never authorized anything, he just started doing it. It's also not extra money. He's taking 5% of our pay and not just adding an extra 5%. So all of us are out money. The donations are for a national party and we are required to join a national party. The owner also told us not to say anything about the donations when we did our taxes because only the business can do that, and that seemed a bit fishy to me.

[–]TastyFace 75ポイント76ポイント  (2子コメント)

He might be trying to dodge campaign finance limitations, which would explain his desire for secrecy.

[–]fas_nefas 12ポイント13ポイント  (1子コメント)

He's not trying to, he is dodging them. Which is stupid, super PACs make it so easy to do that anyway.

OP should report him to the FEC. And tell the party what is going on-- I can guarantee they wouldn't want to deal with an FEC violation if they can help it.

[–]downvotemeufags 1ポイント2ポイント  (0子コメント)

I can guarantee they wouldn't want to deal get caught with an FEC violation if they can help it.

FTFY

[–]mcherm 24ポイント25ポイント  (3子コメント)

OK, that crosses the line, beyond "shady", beyond "illegal", into the realm of "blatantly illegal and under the right circumstances might get national news coverage".

What you need to do is to decide what YOU want. Your next actions can be based on that. For instance:

If you want to minimize drama in your life then you should probably just keep quiet about it; it will probably all go away when the presidential election is over.

If you want to get back the money he deducted then you should probably consult with an employment attorney who can speak privately with your employer (while keeping you anonymous) and lay out the risk of lawsuit he faces by not returning all of the money he illegally deducting the money.

If you want to get back at this employer, even at risk of your job then you should probably contact the opposing party with evidence and let THEM take it to the press and/or prosecutors for maximal effect.

There are surely lots of other options -- but many will have consequences for you so consider carefully.

[–]donjuansputnik 4ポイント5ポイント  (1子コメント)

If you want to get back at this employer, even at risk of your job then you should probably contact the opposing party with evidence and let THEM take it to the press and/or prosecutors for maximal effect.

Shouldn't OP go to the FEC for something like that?

[–]mcherm -1ポイント0ポイント  (0子コメント)

That's another option that will have other results.

[–]Bagellord 0ポイント1ポイント  (0子コメント)

OP should not try to create more drama. The appropriate places to consult would be a licensed attorney, the Department of Labor, and the FEC (in that order, IMO)

[–][削除されました]  (1子コメント)

[removed]

    [–]thepatmanQuality Contributor[M] 0ポイント1ポイント  (0子コメント)

    Your post has been removed for the following reason(s):

    Off Topic

    • Posts or submissions that are not primarily asking or discussing legal questions are removed.

    If you feel this was in error, message the moderators.

    [–]pancakees 14ポイント15ポイント  (2子コメント)

    wouldn't this also be structuring? the shop could very well be paying the employees 5% more than they'd get otherwise so the donation is a wash, but this lets the owner contribute more than he'd be allowed to individually

    [–]greeperfi 22ポイント23ポイント  (0子コメント)

    That would be completely illegal under many parts of existing campaign finance law (including parts that were challenged and survived the S. Ct's gutting of McCain Feingold).

    [–]velocijew 4ポイント5ポイント  (0子コメント)

    He said they are not adding 5% to his salary just taking away an additional 5%. Seems like a really bad strategy if the owner is hoping to get away with it

    [–]BCosbyDidNothinWrong 53ポイント54ポイント  (0子コメント)

    get it in writing

    [–][削除されました]  (1子コメント)

    [removed]

      [–]thepatmanQuality Contributor[M] -3ポイント-2ポイント  (0子コメント)

      Your post has been removed for the following reason(s):

      Do not advise posters to call the media or to post on social media

      • Alerting the media to, or otherwise publicizing a potential legal situation creates additional risks and problems, and should only be done, if at all, with the counsel of a local attorney representing OP.

      If you feel this was in error, message the moderators.

      [–]darpaconger 27ポイント28ポイント  (0子コメント)

      Get a lawyer from the other party. Any labor or workplace lawyer, peeferably a Superlawyer.

      That is total bs.

      [–]CoffeedrinkerinNC 25ポイント26ポイント  (10子コメント)

      Legally no...unless you get in writing, you will not be able to prove it. You are an at-will employee, can fired for any reason or no reason.

      [–]forceddonations[S] 46ポイント47ポイント  (6子コメント)

      There is a line on our pay stubs that says "donation" beside where the money was taken. We were also given a mandatory form to fill out once we registered and there is a spot on the form that says "Photocopy of membership proof" and this form is on the dealership letterhead.

      [–]CoffeedrinkerinNC 74ポイント75ポイント  (4子コメント)

      Take that info and talk to employment attorney.

      [–]ItsOK_ImHereNow 4ポイント5ポイント  (0子コメント)

      Don't be tempted into submitting fake membership forms or lying to your employer. Instead, try to stall them while you find another job. If you don't comply with their illegal policies, or if you pursue legal action to correct them, you'll lose your job anyway. But don't do anything illegal yourself just because they put you in this position.

      [–]erfling 11ポイント12ポイント  (1子コメント)

      You can't legally be fired for refusing to participate in illegal activity or for reporting it, even in at-will states.

      [–]similarsituation123 8ポイント9ポイント  (0子コメント)

      True but then you have to prove it. Until then you have no job. Which is why many people shut up and color

      [–]ItsOK_ImHereNow 3ポイント4ポイント  (0子コメント)

      If TN is a one-party consent state, then anything not available in writing may be obtained through a recorded conversation.

      OP can ask for clarification of the policy and consequences of not following it. This recording can then be used in court proceedings against the ex-employer.

      [–]antillesw 2ポイント3ポイント  (0子コメント)

      This is so fucking illegal. IANAL but you and your coworkers can take all this guys money in a lawsuit. And your fired coworker has an additional lawsuit he can file and win.

      [–]beholdmycape 2ポイント3ポイント  (0子コメント)

      You can be fired for any reason that isn't related to a federally- or state-protected class, including political affiliation, but deducting payroll for mandatory political donations is probably in violation of FEC regulations. Anyone who is fired over this should claim unemployment.

      [–]berryferry 0ポイント1ポイント  (0子コメント)

      Your friend should appeal if he still can, he'll probably get a phone interview and I cannot see the reasoning being a legal reason to terminate. IANAL though.

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