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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…
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…
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…
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…
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…
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…
When companies are in financial trouble, the Sirens sing loudly, Enron is the most recent dramatic example. In the old days, if your company was struggling, you generally knew about it and could factor that in your planning. Today, with New Age Accounting, your previously seemingly huge and secure employer can close the door tomorrow and file for bankruptcy. Pensions…
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…
Written complaints of discrimination or corporate misconduct can have great power. If you are going to complain to your employer about something illegal such as sex or race discrimination, safety violations or other illegal conduct, you should make your COMPLAINT IN WRITING because the writing gives evidence that helps protect you from any subsequent retaliation by your employer. You may…
Suggestions for Using Documents to Increase Your Rights Get A Written Employment Agreement if At All PossibleThere is no substitution for rights guaranteed by a written contract. If a promise is really important to you and your employer really wants to hire you, they should be willing to make the promise part of an enforceable employment agreement. Avoid or Renegotiate…