M. Summary of Important Steps to Take While Working

In addition to the many rights discussed in this chapter, it is important to develop strategies to reduce exploitation while working. For example, knowing how to properly respond to inaccurate or subjective evaluations, performance reviews, and progressive discipline policies may prove helpful later if you are fired. The following tips can help you protect and enhance your job rights. Thus:

1.Save all correspondence, copies of records, and other documents.

2.Notify your employer immediately if you discover errors in your salary, bonus, commissions, compensation, or benefits.

3.Do not accept reductions in your salary or other benefits, particularly if you have a written contract that prohibits oral modifications of important terms.

4.Write letters to protest illegal actions, such as to complain about sex harassment or health and safety violations in the workplace. This is important so that you will not be deemed to have consented to such treatment by your lack of action.

5.Write a rebuttal to any subjective or incorrect performance review or evaluation you receive. Explain why you perceive the review to be inaccurate.

6.Recognize your rights to privacy, to unionize, and to health and safety in the workplace, and seek competent legal counsel at once if your rights are violated.

As the above summary illustrates, there are many steps to take while working to reduce the chances of being exploited. These include checking your compensation arrangement and notifying the company immediately when you are not being paid properly per your understanding or if you detect errors. You should also get in the habit of saving all correspondence, records, and documents to confirm all deals and actions and document all promises made to you (e.g., being told, "You are doing a great job here so we would never fire you without adequate notice except for cause"). By taking proper steps while working, you can help your case in the event you are fired unfairly and decide to take legal action down the road.

Tip:If you don't take steps to indicate your dissatisfaction with unfair company actions you may be viewed by a court as having accepted such actions by your conduct. For example, many employees refuse to sign unfair and subjective employee evaluations. This is not recommended. Rather, it is best to sign the review with a notation that you are attaching a rebuttal as part of the evaluation. This is the way to properly document your dissatisfaction, and the rebuttal can protect you against subsequent illegal action by the company.

Counsel Comments:Firing and/or disciplining a female worker is not as simple as it used to be. Because the terminated individual may consult a lawyer, companies are now being instructed to "set you up" (i.e., document problems in your personnel file). The reason is that when employers fail to note performance problems on appraisals and lack sufficient documentation to prove inadequate job performance, they may not have a legal basis for firing an employee (since a poor performance excuse may be viewed as a pretext) and may be subjecting the company to a ready-made claim of sex discrimination.

Thus, always protest (in writing preferably) company actions you do not agree with.

If you believe that a future lawsuit with your employer is inevitable, get the edge by planning ahead. It is easier to obtain pertinent documents, including a copy of your employment contract, employee handbook, performance reviews, and favorable recommendations contained in your file from co-workers and management, while you are still working at the company. It is also a good idea to consider meeting with a lawyer before you resign or are fired. If you perceive problems that are valid, your lawyer may be able to recommend additional strategies, such as sending a final letter of protest or requesting a meeting to discuss and attempt to resolve any difficulties. These options may not be available after the firing and can enhance your case if litigation proves necessary.

The lawyer can give you a better evaluation of the possibility of success with your case when he or she views all pertinent records and documents. That is why it is important to collect and acquire all key evidence for presentation to your lawyer before a case is litigated. Be aware of this and act accordingly.