Your Rights as an Employee
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Might seem like an odd topic for a post, but trust meā¦ it isnāt. Looking back over my professional career and the HR departments, or lack there of, I knew I needed to discuss it. While most HR groups will tell you things you need to know, a lot wonāt actually teach things in your best interest. As much as you give your heart and soul, at the end of the day to most companies, you are disposable. (My personality would never let me work otherwise thoughā¦ My type 1 attitude gives it my all regardless.) Per usual, the majority of my post topics come from personal experience. If you donāt take anything away from today except one thing, let it be that YOU DONāT HAVE TO SIGN ANY PAPERS. Iāll get into that later ;)
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Here are your BASIC EMPLOYEE RIGHTS:
To be free from harassment and discrimination in hiring and termination
To have a safe workplace
To receive fair wages for work performed including overtime where pertinent
Seems easy enough, but most donāt realize that these literally are their rights. I for one didnāt know that there was a clause about harassment. I only thought it was sexual harassment! If you want more on this, I highly suggest looking at the U.S. Department of Labor Rights and the U.S. Equal Employment Opportunity Commission (EEOC). Find Law is also a good place to look in addition to the first two sites, as it puts it everyday language.
Hereās some examples to not only understand your rights, but also bring light to areas you may not be aware of! At the very least, I hope to open your eyes, so that you can learn from my mistakes. All of these are from my personal experience, but I know people who have experienced worse complications. These should cover the bases though and hopefully help you in your own pursuit of life, liberty, and job happiness ;)
When I left my job in May, I thought I was doing the right thing by giving 3 weeks notice. I mean I had been there for 5+ years! I hadnāt used up all my PTO for the year though. I found out that in the small print somewhere, it said they donāt pay out days. Whichā¦ was fine, but I had 8 days to use and then wasnāt allowed to take my days once I turned in my notice. I considered taking the time off before giving my notice, but that didnāt seem ethical. Apparently it would have been my only way for getting the days! My advice? Before you give your notice, look up the policy on PTO. If you donāt get paid out, then I would encourage you to take them, otherwise that is time lost. It is your right to take them!
Another example from when I left my job in May. The headline is I didnāt get my yearly bonus. The fiscal year for us was March 1- February 31, point being, it wasnāt by calendar year. There wasnāt a set day we get our bonuses, but it was usually in May or before. I left May 3 and they decided to pay out bonuses the following week. Because I left before that date, I wasnāt eligible for my bonus, event though I met all my goals and was there well past the fiscal year. This wasnāt in writing at all. There was a printed statement saying it was usually given in May, but other than that, nothing. I tried to fight for it, stating I was there in May, but was not successful, as they have an unwritten rule that you have to be present; however, it is fairly common for companies to have this rule. My pending bonus was pretty small and wasnāt worth staying for, but I still left money on the table. My advice? If it is important to you, stay around until after the bonus is given. Just make sure to do the math with your new position / salary. For me, my new salary was better than the bonus was I would have received. Itās your right to the money, but itās hard when thereās no real policy. I would say here that it is your right to know the policy, so inquire!
At one point in my career, I was doing the work of two people. Heck, I still do the work of two people!! (Hah! Any enneagram ones out there?!) I found out that another department head was giving employees PTO based on āovertimeā they were doing. As a person who was skipping lunch and bringing work home, I was like WHAT THE HECK. As a young twenty something workaholic, I didnāt give it a second thought. I was salaried, I didnāt think I was entitled to overtime pay. I brought this up to my boss and they were unaware of the other department doing that and said it wasnāt supposed to occur. I mentioned how much I had been working and they simply told me not to work that much. The problem? I was still required to get my job doneā¦ Fast forward and I found out that I WAS actually entitled to overtime pay due to my salary. Turns out if you are under a certain threshold, you can get overtime! The problem was it was thoroughly looked down upon and higher ups didnāt want to sign off on it for a myriad of reasons, a couple being that it affected budget and made them look bad. It was also hard, because if you claimed overtime, you were watched more closely. In my opinion people not outputting what they should be are the ones who should be monitored. Also, bathroom breaks shouldnāt begin to be counted once overtime comes into playā¦ Right?! My advice? Find out if you are exempt or non-exempt in the eyes of the state and your employer and get the money you deserve.
At one of my jobs, I was repeatedly harassed. It wasnāt just me. It was other people too! I couldnāt Because of this, I started taking notesā¦ dates, times, details, you name it. In the event that you go to HR and or file a suit, this will come in handy. Even if you donāt need to do something that extreme, it is good to have to talk about with your boss, or even just to keep on file for yourself. My advice? Always keep a āgood jobā note section where you house comments from co-workers and vendors, but I also keep a ābadā note section, where you take note of unprofessional behavior, harassment, etc. Take physical notes, screenshots, etc and make sure to send the to your personal email or computer. Taking these types of notes will help you protect your rights.
In coordination with the above, Iāve reported behavior before (with actions, dates, description, etc) and had the person in question confronted me about it publicly, in front of others. It sucked. If the management and HR team is doing their job, the person should never really know it is you. In my case, it wasnāt just an issue with me, but with others tooā¦ I was just the one with the details. Itās harder to keep it a secret if you are the only one with the issue, nevertheless, it is your right to be kept āsafe'ā in this. My advice if this happens to you? Donāt cause a scene and write it down in your ābadā section. When it occurred to me, I calmly played it off, took note, and mentioned it to my boss.
Here is the reason why I am writing this post. When I was let go in July, I was told I HAD to sign these papersā¦basically a letter of termination. They said that there wasnāt a good box for them to check as the issue, so they were going to check āunsatisfactory workā, but would make a note in the comments that it was ānot a good fitā, since my work wasnāt actually an issue. Well friends, I signed it. I didnāt know I didnāt have to! And of course they didnāt tell me that I legally didnāt have to. Itās obviously sealed (except that Iām telling you here. Hah!), but it almost cost me unemployment. My advice? DONāT SIGN ANYTHING. Please donāt. Learn from my mistake. I knew better than signing initial forms sent home with me, you know, just to get a second opinion on them, but this was foreign territory for me. Overall, if you are given forms, just take them home and decide whether or not to sign them. If thatās not an option/they wonāt let you take them home, I would simple refuse to sign then.
If these things or worse have happened to you, first of all, I am so sorry.
I would definitely seek counsel and know your options. Due to some recent circumstances, I actually looked into filing. One of my old neighbors was a private investigator and she helped me. The original plan was to file with the Texas Workforce Commission, but they only take on issues that would fall under the EEOC. Because I wasnāt discriminated against based on race, religion, sex, origin, disability, or age (what the EEOC covers), I would have to file myself. Having been involved in a separate legal filing for a year and STILL not having 100% of things resolved, I opted to not file, as lawyers are expensive and even if you win, you donāt know when youāll actually see the money. If you decide to move forward with a lawsuit, I pray it moves swiftly and you get all you deserve.
On a less serious note, this is one of my favorite fall skirts! I love wearing it to work with flats, but if I wear these heeled boots with them to the office, I usually don tights. Either way, itās a great style to wear to feel like fall, even if it is warm outside, as it is so breathable. Iāve actually styled it several times on the blog:
Also, this turtleneck is a great fall option too. It looks like a sweater, but is super light and breathable. Great for wearing alone or layering under a blazer or cardigan. Enjoy what is left of fall and get that bonus, girl!
P.S. If you hold an HR position, hear me say that I have nothing against you! This post was about specific scenarios and ways for people to know their rights. I have the pleasure of knowing many people in the HR profession, and they're great!
If you liked this post, youāll probably enjoy these:
How to Leave your Job Gracefully
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