Employees, for the most part, believe everything their employer tells them. Most of the time, your employer's interests and yours coincide. You have a job to do, and they want you to do it. But sometimes, those interests collide. Sometimes, you have to take what your employer says with a grain of salt. Other times, they're flat-out lying.
Here are some lies your employer may tell you, and why you shouldn't believe them:
You have to resign: Flat-out lie. Nobody can make you quit your job. They may want you to sign a letter of resignation. That means they probably get out of paying unemployment, and may be able to convince a judge or jury that you left willingly instead of being forced out. Don't resign unless you're getting a severance package or something else that makes it worth it.
Sign this and you can keep your job: Depends on what it is. If you're told by the Risk Management guy who locked you in a room for hours and accused you of stealing that you can keep your job if you admit to stealing, it's a lie. You'll be fired and possibly arrested as soon as you sign. If it's a noncompete agreement, there are states that allow your employer to say, "sign or be fired." My state, Florida, is one of them. Some states don't allow this. Check with an employment lawyer in your state before you give up your right to work for a competitor.
These are never enforced: Horse hockey. Flat-out lie. Why would your employer ask you to sign an agreement that's never enforced? It's because they think it will be enforced. Anyone who tells you otherwise is a liar. Before you sign something you think won't be enforceable, check with an employment lawyer in your state.
We'd never do that: Flat-out lie. If your employer is trying to get you to agree that you give up your copyright to your novel, your rights to the video game you're designing in your spare time, or your LinkedIn contacts, they're lying if they say they would never actually invoke that part of the agreement. They wouldn't ask you to sign it if they didn't intend to enforce it.
We've never enforced this before: That may be true, but it doesn't mean you won't be the first. If they don't intend to enforce a noncompete, an intellectual property agreement or other provision, they shouldn't have a problem deleting it. Otherwise, assume the worst.
We're here to help: HR may tell you they're the employee's friend. They may be able to help you as long as your interests align with the company's, but they exist to protect the company, not you. You may have to report sexual harassment, apply for FMLA leave, or seek disability accommodations through them, but that doesn't make them your friend or ally. Do what you have to do, but put it in writing. Cover yourself. You can bet HR is covering the company.
Those are just some of the lies you may be told at work. Don't be fooled. Can you think of other lies your employers have told you? I'd love to hear about it.
Showing posts with label theft. Show all posts
Showing posts with label theft. Show all posts
Friday, March 22, 2013
Friday, March 15, 2013
Employees: You Have The Right To Say No
I'm constantly surprised by the number of employees who come to me after having signed things their employer shoved in front of them, released claims, accepted transfers or demotions, or even admitted to stealing when they didn't. I ask them, "Why didn't you say no?" They look at me like I've turned into a Martian.
Too many employees don't realize that they do have some rights in the workplace. One major right you have is the ability to just say, "no." That's right. You can say no to your employer.
Does that mean you should say no when you get an assignment you don't like? No. Does it mean you should say no when your supervisor tells you to do something outside your job description? Probably not. Most of the time, saying no will get you slapped with discipline or termination for insubordination. But there are times you should respectfully decline.
Here are some situations where you should definitely exercise the power of "no" at work:
Severance: I suggest that employees never sign a severance agreement the day they get it, especially if they're presented with it when terminated. Instead, tell them you want to review it and take it home. Read it carefully. If you don't understand it, take it to an employee-side employment attorney. You should definitely refuse to sign it if you are releasing claims against the company for minimal dollars, if they are inserting a noncompete provision when you don't already have one, or if you are being told you have to release claims when you're already entitled to severance according to an employment agreement or company severance plan.
Termination papers: You're in your termination meeting. They shove a paper in front of you stating that you've been terminated and every reason in the world why you suck. They demand you sign. Don't do it! Why would you? You don't work for them anymore. They can't make you. What's your upside? If you feel like there's no harm, then sign, "As to receipt only." Make sure you aren't agreeing to what they are saying. You aren't thinking straight, so be very careful.
Resignation: "My employer made me quit." I hear that a lot. How did they do that? Did they hold a gun to your head. Unless you are being offered something substantial in exchange for your resignation (or if the gun scenario really occurs), why would you agree to quit? Make them fire you. At least then you'll probably qualify for unemployment. If you resign, they may say you don't qualify. Some people think it looks better on a resume, but who do you really think you're fooling? Nobody resigns in this economy without having a job lined up unless there's a real problem. That gap in your resume is going to be bad, resignation or no. Instead, if they really want your resignation, get something in exchange for it. Use it to negotiate severance, to get out of a noncompete, or to get something else you really want. You may need help here, so now is probably a good time to talk to an attorney rather than jumping into something.
Admission of a crime: If you're put in a room with Risk Management and told to sign a paper saying you stole something if you want to save your job, don't do it! You're admitting to a crime. Never admit to a crime. First of all, you're fired as soon as you sign. Second, the employer may be entitled to sue you for the value of the item plus two or three times its value, plus attorney's fees and costs. It's a trick. Don't fall for it. Practice these words: "I want to speak with an attorney." Repeat as necessary. By the way, they can't make you stay in that room. Tell them you want to leave. Then leave. If they physically stop you, call 911 or scream for help. Seriously. Then go see a criminal defense attorney.
Demotion or pay cut: If you're given a demotion or pay cut you just can't live with, sometimes it's better to say no and apply for unemployment. If you take the job and can't survive on the money, but will be unable to look for a job while you have the job from hell, then you'll have to quit and probably are disqualified from getting unemployment. There are times it's best to say no.
Promotion: If you're offered a promotion that makes you exempt from overtime, doubles your work, decreases your pay, and the last three guys who held the job died at their desk, say no. Get the details before you accept that promotion. Sometimes, overtime pay means you'll make more and have a better life if you stay where you are.
Release: Severance packages usually come with a release of every claim you ever had or might have against the company. I see some companies that have severance plans requiring severance if the employee is laid off that try to get a release even though you're already entitled to severance. I also see people with employment contracts that entitle them to severance being asked to sign a release in order to get it. Say no. Say it again. Run, don't walk, to an employment lawyer in your state. (Better yet, email them). Why on earth would you release discrimination or other claims when you don't have to? If they want that release, make them give you something you want in exchange.
Transfer: You're being asked to transfer across country in the middle of the school year. Your kids are about to take their SATs, your spouse has a job they love. Say no! At the very least, make sure you get a contract, including that they'll pay your moving expenses, help with getting your spouse and kids situated, and guarantee you a minimum amount of severance if you're fired without cause. Better yet, negotiate that you can only be fired for cause and get a specific term of employment for no less than a year. If they won't put enough guarantees and incentives in writing to make it worth your while, take a pass.
Anything illegal: No job is worth going to jail. And guess who they'll throw under the bus when Johnny Law comes a-callin'? It's you. Say no. Better yet, say no in writing. You might want to look at some whistleblower laws to make sure you're doing what you have to do to protect yourself, or talk to an employment attorney about your rights.
Polygraph: The Employee Polygraph Protection Act prohibits most private employers and potential employers from demanding you take a polygraph, and from firing you if you say no. There are exceptions, but they are few. Polygraphs are not admissible in court because they are not reliable. They can say you're lying when you're not. Say no unless you fall within one of the exceptions. If you committed a crime and you are told you have to take it or be fired, take the firing and go see a criminal defense attorney post haste.
These are just some examples of when it's best to exercise the power of "no" at work. I bet you can think of some more. So go ahead. Say no to your employer.
Too many employees don't realize that they do have some rights in the workplace. One major right you have is the ability to just say, "no." That's right. You can say no to your employer.
Does that mean you should say no when you get an assignment you don't like? No. Does it mean you should say no when your supervisor tells you to do something outside your job description? Probably not. Most of the time, saying no will get you slapped with discipline or termination for insubordination. But there are times you should respectfully decline.
Here are some situations where you should definitely exercise the power of "no" at work:
Severance: I suggest that employees never sign a severance agreement the day they get it, especially if they're presented with it when terminated. Instead, tell them you want to review it and take it home. Read it carefully. If you don't understand it, take it to an employee-side employment attorney. You should definitely refuse to sign it if you are releasing claims against the company for minimal dollars, if they are inserting a noncompete provision when you don't already have one, or if you are being told you have to release claims when you're already entitled to severance according to an employment agreement or company severance plan.
Termination papers: You're in your termination meeting. They shove a paper in front of you stating that you've been terminated and every reason in the world why you suck. They demand you sign. Don't do it! Why would you? You don't work for them anymore. They can't make you. What's your upside? If you feel like there's no harm, then sign, "As to receipt only." Make sure you aren't agreeing to what they are saying. You aren't thinking straight, so be very careful.
Resignation: "My employer made me quit." I hear that a lot. How did they do that? Did they hold a gun to your head. Unless you are being offered something substantial in exchange for your resignation (or if the gun scenario really occurs), why would you agree to quit? Make them fire you. At least then you'll probably qualify for unemployment. If you resign, they may say you don't qualify. Some people think it looks better on a resume, but who do you really think you're fooling? Nobody resigns in this economy without having a job lined up unless there's a real problem. That gap in your resume is going to be bad, resignation or no. Instead, if they really want your resignation, get something in exchange for it. Use it to negotiate severance, to get out of a noncompete, or to get something else you really want. You may need help here, so now is probably a good time to talk to an attorney rather than jumping into something.
Admission of a crime: If you're put in a room with Risk Management and told to sign a paper saying you stole something if you want to save your job, don't do it! You're admitting to a crime. Never admit to a crime. First of all, you're fired as soon as you sign. Second, the employer may be entitled to sue you for the value of the item plus two or three times its value, plus attorney's fees and costs. It's a trick. Don't fall for it. Practice these words: "I want to speak with an attorney." Repeat as necessary. By the way, they can't make you stay in that room. Tell them you want to leave. Then leave. If they physically stop you, call 911 or scream for help. Seriously. Then go see a criminal defense attorney.
Demotion or pay cut: If you're given a demotion or pay cut you just can't live with, sometimes it's better to say no and apply for unemployment. If you take the job and can't survive on the money, but will be unable to look for a job while you have the job from hell, then you'll have to quit and probably are disqualified from getting unemployment. There are times it's best to say no.
Promotion: If you're offered a promotion that makes you exempt from overtime, doubles your work, decreases your pay, and the last three guys who held the job died at their desk, say no. Get the details before you accept that promotion. Sometimes, overtime pay means you'll make more and have a better life if you stay where you are.
Release: Severance packages usually come with a release of every claim you ever had or might have against the company. I see some companies that have severance plans requiring severance if the employee is laid off that try to get a release even though you're already entitled to severance. I also see people with employment contracts that entitle them to severance being asked to sign a release in order to get it. Say no. Say it again. Run, don't walk, to an employment lawyer in your state. (Better yet, email them). Why on earth would you release discrimination or other claims when you don't have to? If they want that release, make them give you something you want in exchange.
Transfer: You're being asked to transfer across country in the middle of the school year. Your kids are about to take their SATs, your spouse has a job they love. Say no! At the very least, make sure you get a contract, including that they'll pay your moving expenses, help with getting your spouse and kids situated, and guarantee you a minimum amount of severance if you're fired without cause. Better yet, negotiate that you can only be fired for cause and get a specific term of employment for no less than a year. If they won't put enough guarantees and incentives in writing to make it worth your while, take a pass.
Anything illegal: No job is worth going to jail. And guess who they'll throw under the bus when Johnny Law comes a-callin'? It's you. Say no. Better yet, say no in writing. You might want to look at some whistleblower laws to make sure you're doing what you have to do to protect yourself, or talk to an employment attorney about your rights.
Polygraph: The Employee Polygraph Protection Act prohibits most private employers and potential employers from demanding you take a polygraph, and from firing you if you say no. There are exceptions, but they are few. Polygraphs are not admissible in court because they are not reliable. They can say you're lying when you're not. Say no unless you fall within one of the exceptions. If you committed a crime and you are told you have to take it or be fired, take the firing and go see a criminal defense attorney post haste.
These are just some examples of when it's best to exercise the power of "no" at work. I bet you can think of some more. So go ahead. Say no to your employer.
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