Signs That Your Employer is Breaking the Law
If you have a dog, you know the look – head tilted, eyes downcast, guilty. It usually means “I peed on the carpet and I’m ashamed.”
Dogs can’t hide their shame because they are good and honorable creatures. Bosses, on the other hand . . . .
Bosses don’t feel shame – or if they do, they have learned how to hide it pretty well. Keep your eyes open at your exit interview for these telltale signs that your employer is breaking the law:
1. “Just sign this release agreement and we’ll give you x”
A release agreement is a contract that says “I, former employee, in exchange for ____, agree not to sue former employer.” A few companies ask every employee to sign one of these at their exit interview. Most employers only pull out a release agreement when they think they might get sued. If you sign, you lose your rights.
If your employer asks you to sign a release agreement, tell them you want to have a lawyer review it, then call me.
2. The sudden storm of paper.
Some employers use write-ups to help employees do a better job. Some employers use write-ups to try to avoid getting sued for their discrimination. These employers know that a “paper trail” can help them win a lawsuit – so once they decide to fire you, they start creating a “paper trail.” Know which of these your employer is. And if the paper trail appears all at once at your exit interview, you should be very suspicious.
3. “We’re firing you for no reason”
Employers know that employment in Pennsylvania is “at will” which means that (with some important exceptions) an employer can fire you for any reason or for no reason at all. Some supervisors (usually those that slept through part of their human resources training on the subject) will remember this – and when you ask why you are being fired, they will say “no reason” or “we’re moving in a different direction” or “we just don’t feel this is a good fit” or something equally meaningless and insane.
Employers NEVER fire people just because they can, or just because they pulled a name out of a hat. If your employer cannot explain to you why you are being fired (and you should ask, repeatedly if necessary) you should be suspicious.
4. “I haven’t lost my job. I know where it is, there’s just someone else doing it now.”
Some comedian used to use that line – if you can remember who it was, let me know. Anyway, if you are replaced very quickly, particularly if you are replaced by someone outside your protected class, particularly if you are over 40 and replaced by someone much younger, you should be suspicious.
5. Timing is everything.
Think back over the last six months or your employment. Did you ask for or use FMLA leave? Did you request an accommodation for a disability? Did you complain about being harassed? Did you report some unlawful activity? Did you file a worker’s compensation claim?
Employers HATE having to deal with leave requests and complaints. When employees bother them with this stuff, they sometimes retaliate – and that is against the law.
If you want to know more about your rights in the workplace, get a free copy of The Secret Employee Handbook, or call my office.