January 08, 2011
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Employee Rights News You Can Use
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Hello,
The year 2011 is now here. With it will come many changes in the workplace, some good some bad. I pledge to continue to work, research and pass on to you those changes and how they affect the employment of you and those you care about. I would like to personally thank my subscribers for allowing me to share our common experiences as job seekers and employees.
As the economy improves some employers will maintain that times are still "tough". My passion is helping create more workplace opportunities and greater awareness and education concerning our rights!
I pledge to continue to provide quality info you can use to enhance your employment experience. Why? Because I'm also an employee who makes it his business to stay on top of what's happening at work.
As always what matters to me....is to help my fellow employee!
Welcome to this issue of Your Basic Employee Rights eNews!
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Date January 8, 2011
Issue #22
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Your Basic Employee Rights Survey results!
I want to thank everyone that participated in my recent survey. It answered some important questions.
(1) What is the #1 workplace issue that concerns or affects you?
(2) How can You-Can-Learn-Basic-Employee-Rights.com better address those concerns?
After reviewing the survey results, the #1 workplace issue is....(drum roll ;0) JOB EVALUATIONS!
#2 TIE
NON SEXUAL-HARASSMENT
BULLYING
#3 TIE
SEXUAL HARASSMENT
FALSE SEXUAL HARASSMENT
#4 TIE
AGE DISCRIMINATION
BACKGROUND CHECKS
#5 TIE
WORKPLACE VIOLENCE
RETALIATION
UNFAIR TERMINATION
SALARY DISCRIMINATION
Well you have spoken and I have listened. So the focus of coming articles will on these areas of the workplace experience! In fact, this months article begins with job evaluations, employee performance reviews, performance appraisals, etc.
So let's get to it!
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Article
Are job evaluation questions, answers used against you? Part 1
Job evaluations can make or break employment for anyone working for a living or providing for a family. The American workplace is becoming more complex. That means trouble for every career seeker and employee that ignores educating themselves to these changes.
In this and coming articles we are going on a journey across the sea of job evaluation questions and answers employers use to assess, control, intimidate or eliminate employees. We are also going to share job evaluation Q&A's that should be used by employees to improve, educate themselves and keep management honest.
The following are some questions the employee could and should ask.
How does this job evaluation benefit me?
The level of benefit from the job evaluation by the employee depends on the credibility of the overall evaluation process. Let's assume you work with honorable management that uses job evaluations effectively in the same good faith you show in participating. Here are of some benefits gained from active good faith participation in job evaluations.
- Knowing exactly what's expected from you (minimizes guesswork)
- Recognition for work achievement
- Specific helpful management answers to your questions
- Good faith assistance from management for job improvement
- Clear understanding of where you stand
- Understanding how your job performance helps the business succeed
Should I get a copy of the job evaluation form to "review" before meeting with my supervisor?
Some employers may not allow this and as far as I know there's no law that requires them to do so absent any union (CBA)collective bargaining agreement. However, I would ask for a copy of the job evaluation form that will be used. I would review it, understand it, and get clarification from my manager BEFORE the job evaluation begins. If your supervisor is reluctant about providing you a copy, request one from human resources.
I don't agree with the job evaluation, should I sign it?
There are different schools of thought on this one. Personally, my experience has been to always by default NEVER sign a job evaluation. Why? Even if the evaluation says "I acknowledge that I have read this form" it CAN and WILL be used against you if and when you file a lawsuit. Many employers will seek to give you a false sense of security by saying, "Signing just acknowledges that you've read and understood it", yeah right!
Even if the evaluation is praising me for a job well done, I will not sign it. Why? There is always some area that HR or the employers legal department will ferret out to use against me if necessary. This situation is another reason why it's critically important to read all employment documentation including the handbook to see what the policy is on this. Some employers make signing any and all documentation mandatory as a condition of employment.
If your employer requires you to sign a job evaluation, you can add "I'm acknowledging reading and understanding it, but I DO NOT agree with the evaluation itself".
What about issues the supervisor brings out in the job evaluation meeting not previously addressed?
Oh boy, I love this one. I have personal first hand experience in this area. Here's the backdrop. I had just successfully been reinstated after being terminated for alleged insubordination. I proved by learning my Basic Employee Rights BEFORE the termination that it was not justified. Managements reaction was to rachet up the discrimination, harassment, intimidation, retaliation and blatant attempts to violate my rights such as the (ADA) American with Disabilities Act and even my Constitutional Rights!
After reinstatement I filed a formal lawsuit to have all benefits and compensation restored. As part of the retaliation the new manager negatively evaluated me for an issue I was NOT responsible or accountable for. He then at the direction of the department manager in what I call "workplace conspiracy" with HR and the legal department "grandfathered" the alleged issue forward to the next evaluation period! Thus making sure I had two consecutive negative evaluation periods which affected the percentage of my raise! This is also an example of what's called "dirtying" the personnel file, because copies of evaluations are routinely placed in them.
This is a picture of the incompetence and stupidity of many management cultures. All they accomplished was to provide me with even more evidence of "bad faith" intent wrapped in harassment, discrimination and retaliation. Competent management cultures will be aware of two very important principles;
(1) Address any issues or concerns WHEN they happen with the employee.
(2) Never surprise the employee during the evaluation meeting with issues NOT previously discussed.
I would explain that I can't change something in the past,(even if it never happened) but I have a need and right to know in advance what mistakes, complaints or problems before the evaluation so I can try to address and correct them. Employees are not mind readers. If a situation takes place that's serious enough to affect a job evaluation, why would any "good faith" employer not deal with it when it happens. Bosses that operate this way are begging for a EEOC lawsuit.
Well, that's a mouth full for this month. Next month I will have more real world job evaluation questions, answers such as "How to best prepare for the job evaluation meeting" and how they can be used for and against you.
More blessings to come!
Yancey
Employee Rights Educator, Coach, Trainer, Advocate, Webmaster
https://www.you-can-learn-basic-employee-rights.com
http://EmployeeRightsGuide.com
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CONTACT US
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PUBLISHING SCHEDULE
Your Basic Employee Rights eNews is published the first week of the month, 12 weeks per year. From time to time we will publish special features that affect employees in the workplace. We may also offer third party resources that will be of benefit to you our valued subscriber.
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DISCLAIMER
Note: Any and all information provided within this Newsletter/Ezine is for educational and general information purposes only. It is NOT INTENDED as legal advice. Please review this specific disclaimer;
www.you-can-learn-basic-employee-rights.com/disclaimer
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Written by Yancey Thomas Jr.
Owner, you-can-learn-basic-employee-rights.com
(c)copyright 2010 you-can-learn-basic-employee-rights.com
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