I watch, with some interest, the new show on television “Undercover Boss”. I enjoy the show because it is a way for the typical head-honcho to get in with the average man or woman and see what real life is like… You know the one… where they are outside of the rich-bitch bubble and have to see and hear what is going on in their company for real.
Friends, there is fear out there. Serious, for real, fear. That fear is not healthy for a company, nor for the employees that work there. What is all this fear about and what can one do about it?
Most American states are “at-will”, and companies can hire, discipline and fire whenever they want to as long as it isn’t as a result of discrimination. The employee also is “at-will” and can quit at any time, for any reason. This process goes back to an 1877 treatise on master-servant relations by a gent named Horace Gray Wood. Basically, (and unlike most law, where the accused is presumed innocent until proven guilty and the prosecution has the burden of proof) the employee (or servant) is required to prove the terms of employment and whether or not there was a contract, either written or implied.
Labor and trade unions came into being to protect the average worker, to stimulate business and to encourage productivity. I have in my life, seen union employees with a slim grievance be rehired when, with appropriate documentation, they should have been fired for good and all. And I have seen unscrupulous managers degrade, manipulate and bully their employees into quitting, transferring or submitting to more of the same. Power corrupts, indeed, and it matters not whether the power is wielded by the collective-bargaining unit or by corporate management. Unions are becoming more impotent in the day to day as they become more powerful in politics. Corporate big-wigs are sucking up their golden parachutes and leaving the company and its’ employee with fewer and fewer options. Small business is getting killed by taxes and then has to step back into private industry, letting go the American dream. And John and Joan Q. Public is left wondering why they are holding the bag. Again. Seems like Europe, circa the 1760′s…
What then, are we to do about it?
Taken one at a time, as individuals, we have to learn how to protect ourselves as best we can when we are at work. The best way to do this is to know your company’s policies inside and out. You’re given a handbook for a reason and should keep it with you or close by for reference whenever a question comes up. You have the right to go on the record if a policy in that book is not upheld, if it is used against you or if it countermands some other policy, state or federal law. If you want to protect yourself, you have to know the rules. Get a tape recorder and use it. Make notes after any meeting. Date them. Make a copy and keep them in a lockbox. Or don’t bother with the paranoia and let things keep going the way they are. Right now, your responsibility to yourself and your family is to protect yourself and them, and if you aren’t going to, no one else will. You can’t expect a lawyer to stand up with you if you have nothing to show for yourself. So try this on for size…
If a manager docks you, writes you up for any reason or verbally abuses you, you must confront. By this I don’t mean go and beat them up! You must respond as a professional, and do it right. Tell them you want a meeting right now or you will go to their supervisor for a meeting. Then DO it. If they retaliate, you have reason to go to your human resources department and follow the procedures in place. Ask the HR manager to guide you, because they are there for just these types of situations (but don’t be fooled, they work FOR the company, not you).
When you confront, request that YOUR comments about the situation be put in writing. Anytime you are written up, it should be done privately, and with your option to comment. So, comment. The more you comment about the situation (and address the specifics of your complaint), the better your chances are to be heard. You should be given a copy of the write-up with your managers comments, signature and dated. Protect yourself! If you live in fear, you will stay at the bottom. Managers get frustrated, they make mistakes, they fail to follow procedures, and they also have their own fears. If you follow procedure, you should well be the one to succeed. If you don’t, you will stay where you are, or you might even lose your job.
I recently wrote in this blog about a group of employees at a Florida corporation, and what was happening to the people there along with the company’s own response. There is a hotline for them (and should be at every larger company) dedicated to answering the hard ethical question: is someone at our company being abused? If the answer is yes, then there is probably an even bigger problem that needs to be addressed – namely, what are we doing to root out the issue and fix the problem? A lot of this starts with training individuals and proper company responses to complaints.
It is NOT just about business ethic. It’s not about being green or offering flex-time to employees, or even scholarship programs that go to the lowest rung on the totem pole. 1877 is not 2010, and significant revision to the treatise is more of a requirement than ever. We need to rewrite the book on employment law to fit what America really needs today. Master-servant hardly seems applicable.



