Loss Prevention Is Lying To You

So you're called into the back room. It's a tiny one with no windows and only one door. In the room is someone who identifies himself as being from Loss Prevention. He seems so nice. He tells you he's there to help you save your job. If you only tell him what he wants to hear, you can go back to work.

He's lying! Don't fall for it. Everything you say can and will be held against you. Be careful.

He asks you some questions that make it clear you're being accused of doing something wrong. Maybe it's stealing from the company. Maybe just punching in wrong. Maybe a violation of some policy. He says he's trying to help you, so you tell him everything. Yes, you did use a plastic spoon from the deli and didn't pay for it. Yes, your boss gave you a candy bar and said it was going to be destroyed anyhow, so you took it and ate it. Yes, you used your employee discount to buy something for your best friend. Yes, you forgot to punch in, so you went in and wrote down your best estimate of the time you came in.

That wasn't very careful, was it? You've just confessed to doing something wrong. Maybe even a crime. But he's so nice. He tells you the only way you can save your job is to write down everything he tells you to write.

He's really lying now. Say no! Tell him that you will be glad to write your own statement in your own words, and tell him you'll provide it to him the next day. If he says you need to write what he says or be fired, you're already gone. Don't believe him for one teeny, tiny second.

He tells you to write down what you did, only the way he puts it sure makes it sound worse than it was. He conveniently leaves out how your boss told you to do it or said it was okay. He leaves out how others of, say a different race or sex, do it all the time and suffer no consequences. He has you write down that you understand you violated company policy. Then he tells you to sign it.

Tell him to pound sand. Do not do this. If you do it, you're fired, and possibly arrested.

Let's say you believe this guy and write it all down. What's going to happen next? He grabs it, maybe leaves the room for a couple minutes, then tells you that you're fired. You're escorted out like a criminal.

If you are called into a meeting with Loss Prevention, that's a meeting where you need to be very aware that you are being accused of doing something wrong and you're probably being fired. They are not your friend. When in doubt, tell them you want to leave and speak to an attorney. Yes, they can fire you for leaving, but that's way better than admitting to something you didn't do, or admitting to a crime. You can always write up your response to the accusations calmly after you've had a chance to think straight later and send them to HR.

Stand Up For Yourself Without Getting Fired

I thought I'd share with you today an interview I did with TJ Walker, who is an excellent media trainer with a regular internet TV show. We talk about my book, employment contracts, noncompete agreements and how you can negotiate a better severance package with your employer.

Ta da! My first video embed. I'm very excited that this worked. Maybe I'll actually figure out one of these days how to embed some videos I did where I actually appear on the video. . .

Employees: Tell Your Representatives To Vote No On These Terrible Laws

Remember last year's viral campaign ad? The one that said, "Wake the f*#k up?" America woke up, sort of, and then went right back to sleep. So I'm telling everyone who is an employee, and everyone who depends on an employee for their food, clothing and shelter, to wake back up.

Workers are under attack in a major way right now. There are terrible laws pending that will gut the few protections employees have in America. Need I say which party is proposing them? Probably not. Here are some laws that you should tell your legislators to vote no on. Tell them today. I'm serious.

Anti-overtime law: It sounds so sweet. So appealing. Don't be fooled. It's a trick. The Working Families Flexibility Act is as anti-working-family as you can get.  The folks trying to push this one say that it will allow employees to "voluntarily" choose to take a comp day instead of being paid time and a half for overtime. These are the same folks that say forcing employees to sign arbitration agreements and jury trial waivers in consideration of continued employment constitutes "voluntary" agreement. Employers will shove "Voluntary Comp Time Agreements" in front of all new employees faster than you can say, "in the pocket of corporate lobbyists." If you want to give up all your overtime, then stay asleep. Otherwise, wake up!

Anti-prevailing wage laws: In Florida, Nevada, Tennessee, Michigan and Missouri, bills are pending that would gut prevailing wage laws. These are laws that require government contractors to pay a higher wage than the state or federal minimum wage in areas with higher costs of living. The bill in Florida would result in a 40% pay cut for some workers. Can you afford a 40% pay cut. No? Then wake up!

Right to work laws: This sounds like justice personified. Everyone should have the right to work, right? Wrong. It's one of those  Orwellian names that means the opposite of what it says. It doesn't change the at-will doctrine that exists in 49 states, saying you can be fired for any reason, including your boss's bad mood. Instead, it is intended to gut the unions. Legislation is pending in Congress and in many states. It's bad stuff. Read my article on this topic here.

Anti-paid sick leave: Efforts to deny local governments the right to pass ordinances requiring paid sick leave have popped up all over. A corporate lobbying group is behind it. Watch for these laws in your state, and call and write your legislators to vote no if your state is being targeted.

Pro wage-theft: I wrote a couple weeks ago about the efforts to legalize wage theft in Florida. Here's my post on this.

How idiotic are these laws? Well, they certainly aren't pro-family, are they? I wonder who will buy all the products and visit the travel destinations of the corporations who support anti-employee laws once American employees are bankrupted. I fear we may find out soon enough if we don't stand up and fight while we can.

These are just a few of the many anti-worker laws that have proliferated this year so far. I bet you can think of some more. If you hear of legislation that is pending in your state or in Congress that Americans need to wake up over, let me know in the comments section and I'll be glad to do my part to spread the word.

The NFL Wants You (Unless You're Gay)

Here's a new post by my associate, Ryan Price. I think he's spot on with this important issue. If the military survived gays in the barracks, the NFL will survive gays in the locker room.

By:  Ryan Price

Are you ready for some football?!?!  The management of several National Football League (NFL) teams hope you are, unless of course you are homosexual.   In a not so shocking news story, several NFL teams questioned draft prospects about their sexual orientation at the annual scouting combine.  This story came not long after the Manti Te’o scandal, where the star Notre Dame player’s sexual orientation came into question after it was reported he was romantically involved with a fictitious girlfriend portrayed by a male. Now, Te’o’s draft status is in question because teams are afraid of what they may have to “deal with” down the road if news comes out that Te’o is indeed gay.  Why should this ever matter in any employment setting? At least in the NFL, Mike Florio of NBC sports says, “We have to step aside from the rest of reality and walk into the unique industry that is the NFL . . . .  Teams want to know whether Manti Te'o is gay. They just want to know. They want to know because in an NFL locker room, it's a different world. It shouldn't be that way." Is it really a different world? Is it really unique? Are there not homophobic and prejudiced people in many work environments?

Earlier this year backup San Francisco 49ers cornerback Chris Culliver stated he would not welcome a gay teammate in his locker room. What would he do? Quit his high paying job as a backup? I don’t think so. In fact, unbeknownst to Culliver, he did play with a gay teammate. His teammate was outed not long after the Culliver controversy following a domestic dispute with his boyfriend. Of course there are gay players in the NFL and all other major American sports. However, most do not come out while they play, but that may be changing soon. The fact of the matter is, whether or not someone is a homosexual does not affect their job performance, unless perhaps they are faced with a hostile work environment. Hostile work environments begin and end with upper management. 

When management questions prospective employees on their sexual orientation, they are creating or endorsing such hostile environments. Most people, including Culliver, would not quit their job because their co-worker is gay.  However, employers will lose quality employees if they endorse such hostile work environments.  

The NFL released a statement following reports that teams were questioning draft prospects about their sexual orientation.  They simply stated, “teams are expected to follow applicable federal, state and local employment laws." Further, "It is league policy to neither consider nor inquire about sexual orientation in the hiring process. In addition, there are specific protections in our collective bargaining agreement with the players that prohibit discrimination against any player, including on the basis of sexual orientation." The league vowed that it would “look into the report [about the] scouting combine. Any team or employee that inquires about impermissible subjects or makes an employment decision based on such factors is subject to league discipline."

NFL Players Association executive director DeMaurice Smith commented, "I know that the NFL agrees that these types of questions violate the law, our CBA and player rights.”  However, to date, there have been no reports that the league has done anything about these “illegal” hiring practices. Perhaps that is because such interviewing questions are not illegal at all and these statements were simply released for PR purposes.

Are there any protections for employees or potential employees who are questioned about their sexual orientation during the hiring process or after they are hired? Unfortunately, the answer is usually no. There isn’t any federal law protecting employees against sexual orientation discrimination. In our country, it is mostly legal to discriminate and harass on the basis of sexual orientation. (Note: EEOC says that discrimination based on gender identity is illegal sex discrimination, but it remains to be seen whether the courts will see it that way.)

The tide is slowly changing.  More and more states, counties, and municipalities are passing laws against these heinous practices. Sexual orientation is irrelevant in the determination of a person’s qualifications for a job. In addition, these companies are sabotaging their own competitive position by filtering out homosexuals. By discriminating against employees based on their sexual orientation, companies are losing out on quality employees and also hurting their brand and image. Companies should hire the best of the best, not the best of the straight.

If you feel you have been discriminated against or harassed based on your sexual orientation you should check your state and local laws to find out what protections and redress you may have. Make sure to save copies of all applications and take notes following your interviews where you believe inappropriate questions were asked.  When in doubt, contact your local employee-side employment law attorney.

Florida Companies, Republicans Try to Make Wage Theft Legal, Again

The Florida Retail Federation hopes the third time's the charm in trying to make wage theft legal. They tried two other times to strike down the wage theft ordinances that are popping up around the state to curtail unscrupulous employers who pocket employee wages for their own use. This time, they've enlisted Florida Republican legislators to help with a truly Orwellian scheme.

Rep. Tom Goodson, a Republican legislator from Titusville, has filed a bill that purports to help employees fight wage theft. The problem is that, unlike county ordinances that provide for double or triple damages against thieving employers, this bill says employees get exactly what they are owed. The county ordinances are (mostly) preempted and counties are prohibited from enacting new ordinances. This is supposed to help employees how exactly?

Let's see. Scumbag Employer, Inc. decides to hire low wage employees and fire them right before their paycheck is due. They don't pay the employees. The employees have to sue. Under this law, the employees have to come out of pocket for several hundred dollars for the filing fee to sue. In the county systems, they file for free. These are folks living paycheck to paycheck. That's probably a week's wages for them. Then they have to face court hearings, court reporter fees, maybe some depositions and discovery. Under the county systems, they have one hearing and get a ruling.

If an employee manages to survive the wait, they might get their wages paid after about a year. Under the county systems, it's probably a few months. So Scumbag Employer, Inc. writes a check after a judgment issues, but in the meantime they got to use the employee's wages all that time. Plus, most employees will give up and not bother. They can't afford to fight. A big win for Scumbag Employer, Inc., which will now have zero incentive to pay employees when wages are due.

I still don't understand how this benefits legitimate businesses. How can they compete with Scumbag Employer, Inc.'s slave labor business model? Instead of supporting the county efforts to shut down these free labor mills, corporations and their organizations are crying foul. Can someone explain this to me?

Oh, sure, employees can still complain to the Department of Labor and try to get help.  The problem is, they are overworked and overwhelmed. Florida wage theft is rampant, and employees need laws with real teeth. If employees stealing sodas worth less than $2.00 can be arrested, why shouldn't employers who steal hundreds or thousands of dollars from employees land in prison? At least, they should be penalized.

The Miami Herald came out against this blatant attempt to help wage pirates steal their employees' money. If you aren't convinced by me, read their well-reasoned editorial. Hopefully, Florida legislators will not fall for this sneaky trick to help thieves who are stealing money belonging to their constituents. As to legislators who support this measure, I hope the voters in their districts who are also employees (i.e., most of them) will vote their wallets and send these pro-theft lawmakers packing.

Lies Your Employer Tells You

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.

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.