Passionately Fighting For You
Secret Documentation to Yourself: Many employees think that if they secretly document events at work, they are empowering themselves. This is NOT true. Your own writing that goes nowhere but to yourself gives little, if any, protection. Many employees believe that if they document wrongs that are happening at work by writing specific details in a private calendar, journal or…
When to Distrust Your Employers There are certain situations where employees should be wary of trusting their employers. The spectacular collapse of Enron and the exposure of its extensive misrepresentations to employees is a graphic illustration of why there are situations where employee distrust is appropriate. In ancient times, sirens were sweet singing enchantresses, part woman, part bird, who enticed…
The clearest example of the power of paper is the employment agreement. As an enforceable contract, it dictates the rules of the game. Employment Agreements can give you RIGHTS to job security, to severance after termination, and to specified benefits. Employment agreements can also take away important rights, such as the right to have disputes heard by a jury. Because…
These documents are also powerful, but they do not usually help employees. Sometimes company manuals give employees rights, but for the most part, they contain sophisticated legal language that is designed to nullify employment rights. In general, policy manuals are an attempt by companies to set rules that employees cannot enforce but are required to follow. Again be wary when…
Documents are just paper, but paper can have tremendous power. Documents can change the rules that govern your entitled rights. Documents can also provide evidence that may help you successfully assert your rights. Some types of documents don’t really have much power at all to help employees. Contrary to what many employees have been advised, in general “documentation to the…
Salespersons with written commission schedules have documents that limit their employer’s ability to dispute the applicable commission rate. If you are a salesperson and your commission agreement is vague, unclear or verbal, try to get a firm written commitment. If necessary, confirm the agreement yourself with a written memorandum to your supervisor. Do this BEFORE your sale. Consider issues such…
Documents Relating to Employment Performance Documents relating to your employment performance also have significant power as evidence. Keep copies of favorable reviews, written compliments, and awards. They can protect you legally and practically if your work performance ever becomes an issue. Do not rely on your employer to keep copies of these documents. Employers can lose, purge and alter personnel…
Letters offering job positions are another type of powerful document. Offer letters can be enforceable as contracts if they are specific enough even if both parties do not sign them. These letters are particularly important where specific promises are made which the employee relies on in changing jobs or relocating. Look for guarantees of employment for a specific length of…
Some companies run like they are desperate, regardless of the reality. Although their bottom line may be fine, these companies operate with unrealistic profit expectations. This may occur while the company is undergoing a major transition. Perhaps there has been a major change in the industry. Perhaps there is new management. Perhaps there has just been a change in the…
Employees with benefit plans have rights that are based on “plan documents”. Under federal law, retirement and medical benefits have to be administered as provided out in the plan documents. Stock option plans are also governed by securities laws. Statements concerning these plans which are inconsistent with the plan documents are usually unenforceable. Remember when your employer promises that you…