this post was submitted on 12 Aug 2024
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And "lemon" has a very specific definition when applied to used cars so that dealerships can sell junkers with engines that blow up after 6 months and get away with it. Doesn't make it right, and doesn't make the car any less of a lemon.
I agree that it is wrong. However, in your example you were sold a bad car either way. Wage theft is stealing/keeping wages you are legally owed, while not sharing the profits, while again still wrong, nothing was stolen from you. You just weren't given more.
"you weren't given more" is too weak. What happens is you are not given a fair share of the value of your work
Correct, but, a contract was made. You agreed to work a certain amount of time doing a certain job for a certain pay. Upon completion of that work you're paid what was agreed to in the contract.
I don't like it either but there's a reason it's not illegal. Immoral, maybe, but not illegal.
You and your employer agreed on what that value of your work is prior to you completing it. So long as they do their part, it's not wage theft any more than making a low-ball offer on something you see on Craigslist is theft of product. In either case, one party is free to refuse. Both can renegotiate from there, or either one can walk away from it all.
Well "fair" is subjective, I was just objectively describing what is happening.
it is stealing, even if it is in accordance with a contract. those contracts are signed between unequal parties, effectively under duress
I've never signed an employment contract under duress. But this is exactly why I suggest to people to always be searching for another job, which means the next contract you sign absolutely does not need to be made under duress. Every job ive left I've had something lined up.
But that being said, even if what you say is true, that doesn't mean any arbitrary thing you think should have been included actually should have been included. So trying to paint increased profits for the owner as theft because still doesn't hold water. Sure you should have gotten more, but was that it? Probably not because plenty of people take these jobs not under duress with no profit sharing.
you've never been faced with homelessness or hunger or lack of medical care if you didn't take a job?
You claimed they were signed under duress, I pointed out that I know this isn't always the case. But I even addressed your point assuming your claim was true.
It doesn't sound to me that you are approaching this in good faith.
your accusation of bad faith is, itself, bad faith
Lemon actually has a set legal definition as well. A car isn't a lemon because you don't like it, or even if it breaks down immediately after you buy it.
It even varies BY STATE.
https://www.kbb.com/car-advice/vehicle-lemon-laws-by-state/
So here:
"To qualify for protection, the defect must be reported to the manufacturer and given a reasonable number of attempts to perform the repair. If the vehicle is out of service for 30 calendar days or more, you may pursue a replacement or refund."
But across the river:
"If your car experiences a serious defect or a problem that makes it unreliable or unsafe within 2 years or 24,000 miles of delivery, you may send a written request asking for a replacement vehicle."
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