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Employee Rights News You Can Use

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Date July 9, 2012!!

Issue #40

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Important News!

Hello My friend,

The rights of employees are under attack like never before. It is absolutely critical for everyone and anyone working to keep food on the table, clothes on their families backs and a roof over their heads to realize what's happening.


The assault on local and state employees rights is a stepping stone to the private sector. Political and economic pressures are creating an environment for success and failure.


Not since 1998 when my passion and compassion for my fellow employees was awakened have I felt such a sense of urgency to alert job seekers and employees about how their rights are being threatened.


I will continue to provide you with the latest info affecting your Basic Employee Rights!

That said....

So let's get to it!

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Article

Bosses Documentation may abuse you!


Do you know the type of language your employer uses when creating documentation about you?


It's important for employees to know the difference between what their boss should and should not say when documenting them. Inaccurate, misleading or incomplete documentation can sabotage not only your job but also hinder future employment.


From the employers perspective it can lead to successful employee lawsuits. Employees should never assume the boss is not consistently documenting their every move and statement. One of the biggest weapons employers can and will use against you is written info on your conduct, attitude and performance.


On the flip side of that coin employees should learn and be prepared to document the employers conduct, attitude, performance and compliance with the rights of the workforce. Documentation from both sides can be formal and informal. Notes can be written by hand or typed. Documentation can also involve emails, memos, interoffice correspondence, social media, etc.


Social media is playing an ever growing part in issues of employment. Tweets, Facebook posts, LikedIn profiles even You Tube video is being used by employers and employees for documentation purposes. Solid documentation will also be consistent with facts and not opinions. Employees and employers should remain objective and stay away from "I think" or "we believe" subjectivity.


Here are three areas of documentation used by employers;

Agreement- Employees be warned, employers will usually seek to get you to agree with their appraisal of your employment by "signing off" on various documentation. If this info is inaccurate, incomplete or misleading it can and will come back to bite you!

Immediate- Employers are taught to document as soon as any "incident" happens. Employees should also do the same. The memory is always more accurate closer to the event.

Credible and Accurate- the more precise and detailed the documentation the more authentic it will be perceived by an EEOC investigator, judge or jury. Again, focus on objective facts and not opinions.


Here's a quick TRUE or FALSE quiz for you...that's right a quiz ;0) The point is to show you how your manager should handle each situation. Don't peek at the answers I'll be watching ;0)


___ If you are fired for bad performance your boss can stop an unemployment benefits claim by saying your work was "completely unacceptable" or "unsatisfactory"?

___ A co-worker gets caught in a theft of company property. Should the boss call it "gross misconduct" and not "stealing" because that could be defamation?

___ An employee should always be warned of disciplinary action in writing about repeat offenses.

___ Your disability is causing you trouble in performing your job. Therefore your boss should rate you as "meets requirements" to keep your morale up.


1.F Using phrases such as "completely unacceptable" more often help you receive unemployment benefits. Unemployment payments are routinely denied because of "will misconduct" or "gross insubordination".

2.F It's only defamatory if the reason for firing is not true. Also, if shared with anyone other than appropriate persons it could become defamatory.

3.T If an employee has received proper warning, courts commonly support the employer. Make sure you understand your employers disciplinary policy!

4.F This can potentially work in the employees favor as your boss could be sued for disability discrimination if/when you are terminated or suffer adverse action for poor performance associated with the disability.


Well, how did you do? Remember always be aware of how documentation can work for you....and against YOU!

Be something good to someone!

Yancey

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Employee Rights Educator, Coach, Trainer, Advocate, Internet Business Presence Consultant
https://www.you-can-learn-basic-employee-rights.com
http://EmployeeRightsGuide.com
http://EmployeeWorkplaceRights.com
http://Employee-Rights-Questions.com (work in progress)

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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 2012 You-Can-Learn-Basic-Employee-Rights.com