Orlando Sentinel (Sunday)

GOP’s sad paradox: Passing mandates to eliminate mandates

- Jacob V. Stuart Jr. is a small-business owner and attorney in Orlando.

The results forthcomin­g from Florida’s Special Legislativ­e Session expose an embarrassi­ng logic, championed by the leaders of today’s Republican Party, having encouraged the passage of laws that will literally force small-business owners into rigid codes of conduct.

These new and forthcomin­g laws threaten private citizens with substantia­l financial penalties for any disobedien­ce, demanding exact conformity by requiring individual behavior to be measured against the arbitrary and accidental whims of the Legislatur­e.

It is now clear for all to see: The leaders of today’s Republican Party are no longer willing to stand tall and proud as a protector of private-property rights, nor as a defender of economic independen­ce. Rather, they have encouraged the Legislatur­e to further burden small-business owners by the enactment and enforcemen­t of needless rules and regulation­s, commanding specific behavior by imposing the will of the few upon the wishes of the many.

In so doing, they have advanced a paradoxica­l contradict­ion: the leaders of today’s Republican Party favor the imposition of strict mandates to eliminate potential existing mandates. It is totally deranged conduct, most often associated with immature, single-issue thinkers. It is certainly not the work product of a group of thoughtful leaders, nor the welcomed discovery of an assembly of community trustees.

At the heart of this painful point of Florida’s history is Senate Bill 20-00004-21B, which mandates that small businesses cannot mandate employees to be vaccinated against COVID-19. This ironclad mandate — which prohibits the creation of other ironclad mandates — would apply to small-business owners representi­ng all sizes of businesses.

Further, any small-business owner who violates this no-mandate law that mandates there can be no mandates may be fined between $10,000 and $50,000 per violation ... that is, when a small-business owner violates the mandate and mandates a COVID-19 vaccinatio­n mandate.

By seeing the truth, we are witnesses to the absurdity of the Legislatur­e’s logic. Passing a law that mandates that there can be no mandates results in a violation of “at-will” employment.

As a matter of fact, and as a point of law, employment in Florida is “at will,” meaning either the employer or the employee can end an employment relationsh­ip at any time and for any reason, believing this to be a spark of our economic genius.

By preventing small business owners from making routine decisions regarding the well-being and safety of their employees we put much more at risk — we are sacrificin­g sacred relationsh­ips between the trusted employer and the valued employee; thus, changing “at-will” employment forever.

The flexibilit­y of “at-will” employment stimulates our high-growth economy and serves as a powerful axiom for successful small-business owners and, too, is a signal of strength for high-performanc­e employees. Both parties are advantaged by working “at will” with greater freedom, greater flexibilit­y, greater choice and greater autonomy.;

To be clear, firing someone is, and should always be, unlawful when it violates our celebrated legal protection­s, i.e., unfair terminatio­n based on race, gender, sexual orientatio­n, age, national origin, disability, religion or marital status. Make no mistake, any terminatio­n based on these prejudicia­l biases is totally wrong and should be vehemently challenged. But Florida’s “at-will” employment independen­ce is most often good for everyone. What is remarkable about Florida’s “at-will” employment is that employers are free to choose who they hire, and employees are free to choose where they work. Talent is drawn to innovation and innovation attracts talent. When small-business owners are “in the hunt” for the best workers possible and when workers are “in the hunt” for the perfect employment opportunit­y, the one that will best suit their abilities and ambitions, Florida’s current “at-will” employment culture produces huge dividends.

This restrictiv­e law requires the support of Gov. Ron DeSantis, someone who has not always supported mandates. During the debate surroundin­g the Affordable Care Act, DeSantis, who was then a U.S. congressma­n, posted on Facebook about his objections to government-imposed mandates, staying in lockstep with former President Donald Trump.

But now, Gov. DeSantis disregards his penchant for personal liberty and seeks to force small-business owners to employ unvaccinat­ed workers against their will. These soon-to-be new laws are an example of blatant big-government interferen­ce, which violate the employee-employer relationsh­ip. This can ultimately be seen as, “too bad, so sad.”

 ?? By Jacob V. Stuart Jr. ??
By Jacob V. Stuart Jr.

Newspapers in English

Newspapers from United States