1.)  First Time Supervisor is in his/her 30′s and nervous about being in charge of other employees

2.)  First Time Supervisor is intimidated and scared of employees who are in their 50′s and 60′s, but doesn’t want anyone to know it

3.)  Employees in their 50′s and 60′s get micro-managed and nit picked by the First Time Supervisor over minuscule issues, which are the only issues the First Time Supervisor understands

4.)  Older Employees get sick of being nattered at about non-essential aspects of their jobs

5.)  The Older Employees voice their concerns about First Time Supervisor to higher management, exposing gaping holes in the First Time Supervisor’s job knowledge

6.)  First Time Supervisor reacts angrily, and starts “writing up” the Older Employees for minuscule mistakes in non-essential areas of their jobs

7.)  HR informs the First Time Supervisor that the Senior Employees have too many years of good appraisals to fire them right away for job performance

8.)  HR and First Time Supervisor decide to “re-engineer the department” and “flatten the structure” (which means eliminating 2 senior level jobs occupied by older employees)

9.)  To discourage the Older Employees from applying for one of the three so-called “new” jobs, the three new jobs pay far less than the two eliminated positions

10.)  The pay range of the three new positions are perfectly acceptable to young employees in their 20′s who have roommates to help pay rent and no families to support

11.)  This change is reported to the Press and the Government as “utilizing efficiencies for the net creation of one job”

12.)  Bullies in other organizati0ns point to “jobs creation” like this as proof that “if you don’t like it here you can just quit and find a position with another company”

Take a look at the video below, then let me know in the comments section if you have seen or experienced this pattern in your own work life.

-Curt

If your story sounds at all similar, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system. It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. Do You Know the 4 Key Steps to Taking Back Your Life from a Bully?
2. Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill
3. Video: Stopping Age Discrimination, How Two Women Did It

But then I ask them how old their boss is compared to them. “Well, she’s quite a bit younger than me, actually.”

Then I ask if she has any favorites? You know what comes next… “Why yes she does, and they are even younger than her.”

Finally I ask if anyone has been hired or fired from the department since this new boss took the helm. “You know one person was given a severance package and left suddenly… and he was even older than me. The boss hired one of her own friends from her old company as the replacement. Didn’t even advertise the opening.”

Age discrimination can be blatant (yelling “You’re a dinosaur!”), but it’s more often subtle.

After a career of positive annual appraisals, an employee gets her first mediocre review. The next year it’s a little bit worse. Before the next annual appraisal comes around, the employee is on a PIP — a “Performance Improvement Plan,” and fears she will be fired soon.

What can be especially hard is when the performance goals are objective, like sales goals, and the older employee is not meeting those sales goals. If they get fired, where’s the age discrimination in that?

Well, it’s all a matter of treating similarly situated employees according to the same standards. What if two older salespersons are fired, but younger people with the same sales numbers were not fired?

That’s what happened to two women who worked for a wireless phone store, and this video tells you how they fought back against age discrimination, and won.

If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system. It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. Age Discrimination Among the Unemployed, and Movement on a Workplace Harassment Bill
2. Age Discrimination: Beware a Sudden Change in Your Performance Appraisals
3. The 12 Steps of “Restructuring” Jobs to Eliminate Older Workers

Here is the one and only way to force the boss to stop sticking their mean words into your hopes and plans to move on.  It’s simple, and I event give you a letter template to use.  Just watch the video (which gets right to the point).

If your story sounds at all similar, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system. It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. Is Your Former Abusive Boss Going to Give You a Bad Reference? Here’s How to Fix It
2. Has Your Bully Boss Said Anything This Stupid?
3. Bully Boss Survivor Marilyn Veincentotzs and the new Undercover H.R. Director (OnYourSide!)

It simply is not true that if you get fired you WILL get unemployment. Another myth is that if you resign you will not get unemployment. Watch this video and find out how unemployment benefits decision are really made.

If your story sounds at all similar, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system. It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. Learn How To File an Unemployment Claim
2. Video: Stopping Age Discrimination, How Two Women Did It
3. Video: Here’s the Only Way to Stop a Bully Boss from Giving a Bad Reference

In two previous articles a 52 year old nurse named Lenora was harassed and abused by her new (younger) boss and former co-worker Michelle. Feeling distressed and sick, Lenora stayed home from work and called her brother in law, a corporate employment lawyer named Curt.

Although he usually works on the side of the employers, he wanted to help his family member. Talking on the phone and over lunch Curt explained the difference between legal and illegal hostile work environments, and explained why the concept of “employment at will” is so crucial to fighting back against a bullying boss.

Lenora wants to turn her boss Michelle into the hospital’s human resources department for “unfairly” attacking Lenora at work. Curt is trying to persuade Lenora to let go of the idea of “unfairness”, because U.S. employment law does not require supervisors to be fair.

It is shocking to Lenora that employment “at-will” actually allows employers to terminate workers at any time, for any reason or no reason (even a bad reason), just so long as it’s not an illegal reason. As we re-join their conversation, Curt is trying to explain to Lenora that the best way to fight back against a hostile work evnironment is to focus on the “illegal reasons” instead of focusing on “fairness”.
Fight With Fairness, or With a Protected Class?

Curt Urges Lenora to Forget “Fairness”

“Thanks for returning my call, Curt; you’ve been very generous with your time,” said Lenora.

“Anything for family, Lenora. And besides, I don’t want you to go and screw yourself by thinking you can get what’s ‘fair’”, said Curt.

“Said like a true lawyer,” Lenora replied. “Right, I shouldn’t believe that fairness matters. Do people really pay you hundreds of dollars an hour to tell them stuff like this?”

“The pay me many hundreds per hour, because I know what works. It may not sound like what you want to hear, but it will get you where you want to go. Fighting back against an abusive boss is not path down a flowery trail marked ‘Fairness: this way’. It’s a tough journey that requires you to take up arms and fight.”

“Now you sound like a football coach.”

“Okay, I’m going to hang up the phone now–”

“No no no! Sorry. I’m just frustrated. Michelle can treat me like crap, and when I turn to attorney for help what’s the first thing out of his mouth? ‘It’s perfectly legal for you boss to treat you like crap.’”

“But there’s more to the rule!” said Curt. “There are exceptions to the rule that it’s legal for your boss to treat you like crap. That’s what I’m trying to tell you about: the exceptions.”
Your Protected Class is the Key

“But you are also telling me that one of the exceptions is NOT fairness, right?” “Yes, right,” said Curt. “Well I still say that’s stupid, ” said Lenora. “Supervisors should not be able to drive you out your job and some tiny little mistake while allowing other people to gossip their entire day away.”

“And what I’m trying to tell you is that the law doesn’t allow supervisors to do that if the people getting run out of their jobs are all older men, and the gossipers are all younger women. Or if it’s Asians getting run out of their job, while all the gossipers are Caucasian. Or pregnant women getting run out, or veterans or… well do you see what I mean?”

“I think so. Even though I’m upset Michelle is getting away with attacking me unfairly, I can’t say that.”

“Right,” said Curt. “You have to say, ‘Michelle is attacking me and singling me out because of my age. Because THAT is illegal. THAT will get H.R.’s attention. They don’t care about unfairness because no law prohibits unfairness. Saying all this crap Michelle is putting you through at work is happening because of your age is what will turn you from a whiner into a warrior.”

“Okay, I get it and I’ll do it. Even though I still think the law should be different. Don’t complaint about unfairness. Complain about mistreatment because of age.” Lenora smiled to herself. “I can’t wait to get back to work and do this.”
Abused at Work?

Can You Identify With Lenora?

If your story sounds at all like Lenora’s, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system.  It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. What is the Definition of a Hostile Work Environment? (PART 2 of 3)
2. What Is the Definition of a Hostile Work Environment? (PART 1 of 3)
3. Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim

A Bully Boss Can Turn What Was Once a Great Work Place into a Hostile Work Place

Step One to Fighting Back: Understand Employment At-Will

In a previous post, a 52 year old nurse, Lenora, felt sick and distressed about the hostile work environment her new supervisor (and former co-worker) was subjecting Lenora to. The new supervisor and head nurse, Michelle, was acting like a tyrant, but only toward Lenora and not the other nurses. Feeling alone and dreading going into work, Lenora stayed home and called her brother-in-law, a corporate employment lawyer named Curt.

Curt explained that an illegal hostile work environment has to be based on a protected class like race, religion, national origin, gender, disability or age.

Lenora was even more despondent, because she and Michelle were both women, so Lenora doubted the law would protect her. In Lenora’s mind, Michelle was simply “out to get me.”

Don’t Quit Your Job Before You Learn the Exceptions to Employment At-Will
Curt met Lenora for lunch near his downtown office. “So you don’t I should just quit before she fires me?” Lenora said to Curt as she pulled a chair up to their table.

“Not at all,” said Curt. “I’ve been thinking about your situation, and I think you just may be in a protected class. Now you are both women, and nursing is still a predominately female profession, so your gender won’t work. I know you’re 52. How old is this awful person Michelle?”

“She’s in her mid 30′s I’d say. I think she’s 34. This whole Head Nurse title has really gone to her head.”

“Well, how many other nurses are there over 40 years old that Michelle supervises?” said Curt.

“Just me and Clara. Clara’s about to quit though,” said Lenora.

“Why is she about to quit?”

“Because Michelle cut her hours back and gave Clara all nights on every schedule since becoming Head Nurse. Clara needs to be working days so she can watch her grandson at night.”

“Lenora,” said Curt, “has it occured to you that this 30-something boss of yours has a big problem with employees who are older than she is, and that’s why she’s out to get you and Clara?”

“I hadn’t. I just thought she had it in for me. But you’re right. It could be age. But why do we have to diddle around with this protected class business? So what if it’s not illegal, what she is doing is wrong. I’m going to turn her in to human resources.” Lenora smiled to herself at the thought of Michelle getting called into H.R. to explain the reason for her unfair attacks.

“Lenora,” Curt said, “Human Resources will side with Michelle. They will tell you nothing is wrong. They will spin the whole situation around make it about your job performance.”

“That’s impossible,” said Lenora, “what that bitch is doing is so obviously unfair. She’s going to ruin the whole place for everyone. How could they try to make it about me? I do a good job. I always have.”

“It’s good that you’ve always done well there. That will help,” said Curt. “But you have to understand that H.R. is not concerned about making sure that Michelle treats you ‘fair’. The law doesn’t require ‘fair’ and they know that. It may sound strange, but the law doesn’t guarantee that your boss treats you nice, or fair, or even respectful. Michelle can terminate you right now, for any reason she wants, or for no reason at all.”
Learn to Look for Exceptions to Employment At-Will That Can Apply to You

Learn to Look for Exceptions to Employment At-Will That Can Apply to You

Employment “At Will” Means Employment “At Whim”

“I hate lawyers” said Lenora. “Where do you get this crap?”

“Listen” said Curt, “I know it sounds harsh, but employment at-will is the starting place for all employment law in the United States. It means that an employer can terminate any employee at any time for any reason, even a bad reason or no reason, just so long as it’s not an illegal reason. In other words Michelle could let you go on a whim, and there’s nothing illegal about it. She could let you go for a ridiculous reason like you were one minute on a day there was a major traffic accident right in front of you on the way to work. Or she could fire you because you use the word ‘fabulous’ too much.”

“I hate that word,” said Lenora. “Michelle says it a lot.”

“Yes, well the point is that she could terminate you for any conceivable idiotic reason, or she could just walk up to you and say ‘your fired’ for absolutely no reason at all. And it would be perfectly legal.

“Well that sucks” said Lenora. “And that’s stupid. No one gets fired for no reason at all. There’s always a reason. And it’s usually because the person screwed up or is lazy.”

“Well I agree with you,” said Curt. “But there is an exception to employment at will that makes a bit of sense. And that is, Michelle can’t fire you for an illegal reason. That’s why I brought up age discrimination. Firing someone because of their age is illegal. Age is a protected class that you might be able to use here to protect yourself.”

“So Curt, you are telling me that little bitch Michelle could fire me on a whim, for no reason what so ever, and the law says she is in the right. But if she fires me because I’m older than her, the law says I’m in the right?”

“Right. But listen, I can tell you how to use age to protect yourself. You can fight back against Michelle. You just have to drop the notion that you are going to get her in trouble for being “unfair” and accept that you have to get her in trouble for doing something that looks to outsiders like age discrimination. I have to get back to the office, but we can talk on the phone later if you want. I’ll tell you more about protected classes, the ‘illegal reasons’ for terminating an employee.”

“Okay Curt, let’s talk later. But I still don’t like this. I want to take Michelle on, head on, and get her in trouble for how she’s ruining my career that I’ve worked so hard for.”

“Don’t do it,” said Curt. “Just trust me. You don’t want to take this to H.R. yet. Let me explain protected classes first and then you can really fight back, with the law on YOUR side.

Find Out What Happens Next with Lenora in the third and final part of her story, HERE.

Can You Identify With Lenora?

If your story sounds at all like Lenora’s, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system.  It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. What is the Definition of a Hostile Work Environment? (PART 3 of 3)
2. What Is the Definition of a Hostile Work Environment? (PART 1 of 3)
3. Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim

Answer: There are actually two types of “Hostile Work Environments”: 1) legal; and 2) illegal.  To see which you are experiencing, consider the story of Lenora.

Perhaps you have experienced something like Lenora, a conscientious nurse who loved her patients and felt valued at work — until her co-worker became her boss.

Lenora worked as a nurse at a hospital in California and felt fortunate to have her job, until administration promoted Lenora’s co-worker Michelle to be the new Head Nurse. Sure Michelle was a good nurse, but after her promotion Michelle dramatically changed from a pleasant if shy co-worker into an angry tyrant. Michelle raised her voice at many of the nurses, but singled Lenora out for particularly harsh bouts of yelling, often in front of other employees. If two or more nurses were standing and talking, or, assisting in an emergency, then Michelle would yell only at Lenora and not the other nurse.

Being Singled Out For Abuse Contributes to a Hostile Work Environment

Can a Female Supervisor "Discriminate" Against a Female Employee?

A Co-Worker Can Become a Bully Boss

Michelle began talking like Lenora was in serious trouble for her performance. Lenora, however, had no idea what she was doing wrong. One day Lenora was looking at a patient’s records on a computer when she stopped and turned around to answer a question by a CNA. Michelle came swooping over and exploded at Lenora for “violating HIPAA.” Lenora just said “What are you talking about?”, which only made Michelle more angry. Michelle said “I’m talking about patient rights. I’m talking about none of your co-workers want to work with you! I’m talking about you better shape up or you are out of here!” Lenora looked at the CNA who just shrugged his shoulders. Lenora felt confused and unfairly singled out and alone. She started to cry. Michelle just walked away.

The next day Lenora called in sick for the first time in 10 years. Over her 18 year nursing career Lenora knew that she had never received a “bad” appraisal; each year her performance reviews, if one was done at all, were positive. But now she felt attacked for doing the same things that had made her a good nurse. Lenora felt so sick at the idea of going back to work that she was thinking of going to see her own doctor. She wondered if she needed to consider anti-depressants. She called in sick a second day in a row and decided to call her brother-in-law, Curt, who was a lawyer in a big firm.
Nitpicking and Yelling Contribute to a Hostile Workplace

Does it feel like you can't do anything right?

Two Definitions of Hostile Work Environment

What Curt first said to Lenora shocked her: “There’s nothing illegal about a hostile work environment.” Lenora was mad. That didn’t seem right at all. She knew that what she was going through was wrong. No one should be harassed at work the way she was.

Curt tried to explain. “There’s really two types of hostile work environments: legal and illegal. A legal hostile work environment is when a jerk of a boss causes an employee to feel so completely stressed out with unfair, mean treatment that the employee feels he or she may have to quit to save their health. The bully boss yells, treats the employee unfairly, blames the employee for anything that goes wrong, and constantly threatens discipline or even termination.

“An illegal hostile work environment is caused by a boss who is not just a jerk, but also a bigot. The work environment must be stressful because the boss is hostile toward a protected class like race, religion, national origin, gender, age, disability and the like. In other words, to be illegal the boss must treat you unfairly because you are part of one of these legally protected classes. Treating you unfairly for any other reason is not legally prohibited.
The Law Does Not Require Supervisors to be Civil

“So” Lenora said to Curt, “my boss Michelle can single me out to be her scape goat, and there’s nothing wrong with that unless I’m a minority or something like that?”

“Exactly,” said Curt. “Unless you are part of a protected class, there’s no legal action you can take. Courts do not want to require that everyone be nice and polite to each other at work. The Supreme Court even said in a case called Oncale v. Sundowner that federal employment law is not “a general civility code for the American workplace.” Getting people to treat one another with respect is something an employer can choose to require, but the law does not outlaw rude people.”

A boss who is merely rude and unfair, or even a real bully who is randomly mean, is acting legally as long as his or her bad behavior is not directed at people because of their protected class status.”

Lenora said “This is horrible. I thought the law was supposed to protect me!”

“Well maybe it does,” said Curt.

People Feel Huge Relief When They Learn Their Workplace Rights

You CAN Break Free

The First Step in Fighting Back

Curt continued, “Protected classes can be powerful weapons in fighting back against a boss who causes a hostile work environment that seems legal at first.”

“Listen,” said Curt, his voice dropping to a whisper, “at this firm we defend companies; I’m supposed to be on your boss’s side. But… but why don’t you drive downtown and meet me for lunch. I’ll explain a bit more about protected classes and at-will employment.”

“Great!” said Lenora. “I’ll call you when I get close to your office.”

Read Part 2 of Lenora’s story by clicking HERE.

Can You Identify With Lenora?

If your story sounds at all like Lenora’s, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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If you need all the help you can get right NOW, then get my book, Work Laws Exposed and you will receive the full power of my complete system.  It’s an easy to understand, step-by-step approach with a letter pre-written for you to customize and send out right away.

Related posts:

1. What is the Definition of a Hostile Work Environment? (PART 3 of 3)
2. What is the Definition of a Hostile Work Environment? (PART 2 of 3)
3. Curt’s Article About Hostile Work Environment Wins Award For Best New Hub!

DOL Time Sheet App

What is it and why should I get it?

The DOL’s Timesheet App for Smartphones was released in May. Employees can use it to keep track of the hours they work. According to the DOL, “this new technology is significant because, instead of relying on their employers’ records, workers can now keep their own records.” Employers are required by the Fair Labor Standards Act to maintain records of their employees’ hours, but – ultimately – who owns those records? Yep – the employer. So if an employee has a beef with his or her employer about the number of hours worked vs got paid for, the employee really has no way to prove it – unless he or she has maintained an independent record of hours.

Every employer should have a timekeeping method that is consistent and reliable, and employees should absolutely use their employer’s timekeeping method first. But because some employers round off hours worked, change hours worked to match an employee’s scheduled shift, and even look the other way when an Hourly, Non-Exempt employee does work “off the clock”, it’s important for an employee to have his or her own record. That’s just in case the employee finds that he or she must file a claim with the Wage and Hour Division because his or her employer allowed (or required) the employee to work extra hours “off the clock”.

Employers worry that the DOL Timesheet App will encourage wage claims by employees. I’m sure there will be some employees who try to take advantage. But there are many more employees who don’t even know their rights, because their employers don’t tell them. Sure, most employers post the required Wage and Hour posters. But some never enforce employees’ working of extra hours, require unpaid “Don and Doff” periods, or require unpaid waiting time for supervisors to conduct “Bag Checks” in retail establishments. Many employers allow Hourly Non-Exempt employees to log into their company e-mail and other work applications via their home computers or Smartphones. But they don’t pay the employees for the time they spend logged on. That’s a violation of the Wage and Hour Act and the employees are entitled to overtime pay for that extra time.

Employers need to have a written policy requiring that employees report ALL hours worked for the employer’s benefit, and make it clear there will be disciplinary action if an employee works unapproved hours “off the clock”. But employers also have to enforce the policy, and not look the other way when employees work “off the clock”.

Here’s a great YouTube video that clearly explains this issue, and although the law firm is in California, most of what they’re talking about applies in other states and other industries besides retail:

How do I get the DOL Timesheet App?

Easy: just go to http://www.dol.gov/whd/ and download the App. The initial release has some shortcomings and doesn’t work for all jobs. The wage calculator doesn’t work in all cases, either. But the timekeeping part of the DOL Timesheet App works great and is a terrific resource for employees to independently track the hours actually worked.

Want more information?

The Federal Wage and Hour Division’s website at: http://www.dol.gov/whd/ contains a wealth of information about work hours, overtime, minimum wage, and other pay matters. Your state’s Wage and Hour office can also provide you with information. If you believe your employer has failed to pay you and other employees for all hours worked, you and your co-workers may be able to file a Class Action suit to recover unpaid wages.
If your story sounds at all similar, be sure to get my FREE “7-Secrets of Work Law” e-mail course. Learn how to fight back against a bully boss.

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Related posts:

1. More Insider HR Tips: What Are HR Pros Saying About You?
2. Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim

Visitors to the Forum and the Academy know that regular posters like Littlelulu, msliberated, Curt and I are always harping on the importance of DOCUMENTATION. And folks have asked: “What does that mean?” This article is going to give you the nuts and bolts of documentation, so you can protect yourself from any rogue activity that your employer or supervisor may engage in. By “rogue activity”, I mean your employer manufacturing documents and supposed incidents that occurred.

It would help, I think, to start with the Dictionary definition. From my Webster’s Dictionary, “Documentation” means “the act or an instance of furnishing or authenticating with documents.” What’s a “Document”? As a Noun (a thing), a Document is “…an original or official paper relied on as the basis, proof, or support of something” or “a writing conveying information”. As a Verb (describing an action) “to Document” is “to construct or produce with a high proportion of details closely reproducing authentic situations or events.”

Put it all together and DOCUMENTATION means to gather originals of or create yourself an accurate record of the evidence and information that will support your case and make your employer take you seriously – and maybe even wet their pants. Now – by “create yourself”, I do NOT mean you EVER create evidence fictitiously. You are simply recording the facts as they occurred. You never lie. The truth will be enough to tie your employer up in knots, because THEY’LL be the ones to lie – believe me. And they’ll get caught.

So – how exactly DO you gather or create evidence? Simple: first, you gather every policy your employer has on ANYTHING. If they have an Employee Handbook, get a copy of it. If they have a website, download and print anything you can from the website. Date the print-outs, so that if anything is later changed, you’ll have proof of the dates of your print-outs. If they have bulletin boards with posters and policies on them, snap photos of them with your camera phone, then download the photos to your computer and print copies. Again: date the print-outs. If you’ve received e-mails from your supervisor, HR, or anyone else that are remotely relevant to policies, procedures, or your situation, print them out. It’s also helpful to forward a “bcc” to your home e-mail. Just make sure there’s no company-confidential information contained in the e-mail when you send it. If an e-mail does contain confidential information, it’s best to print it out instead, so you can black-out the confidential stuff.

When you have a verbal conversation with your supervisor or HR, you should follow up with an e-mail after the conversation to say, “I just want to ensure I fully understand your instructions and expectations as we discussed them this morning. As I understand it, you would like ………. If my understanding is incorrect, please let me know.” This way, even though your employer may not want to put something in writing, YOU’VE put it in writing. And you’ve given your employer the opportunity to correct any misunderstanding.

Next, go to your local office supply and pick up a small, bound notebook – NOT a spiral notebook or a ring binder-type notebook, but one that is bound like a regular book, so that if pages are torn out, it’s obvious. Then make sure you don’t tear any pages out of it. Starting on the first page and filling every line on each page, make notations EVERY DAY about what’s going on: what’s happening to you, by whom, what time, where, who was present, who witnessed it, what else was going on at the same time, etc. Write your notes in INK – never pencil. If you make a mistake with a word or statement, simply cross through it with a SINGLE LINE. Never “black out” the entire word or sentence so it’s illegible. Add a notation to indicate why you made the change – and when.

When you’re recording information in your notebook, you should also note other information that can help substantiate the date the note was written. Include exact quotes – complete with quote marks and the name of the person making the statement. Again: Date and Time on every entry.

Here’s an example of what a notebook will look when done correctly. (Use your imagination here: this is your handwriting, not a typed document)

Mon., Jan. 31, 2011 / 6 am – Called in to Supervisor Sam, letting him know I wouldn’t be in because of my asthma, and I was using an FMLA day. Called my doctor to get a refill prescription for inhalers. My wife went to pick up the prescription and while she was out, purchased a book from the bookstore for me called “Working for You Isn’t Working for Me” by Katherine Crowley and Kathi Elser. I’m sure Supervisor Sam will be mad as a hornet at me tomorrow because I’ve used a couple of FMLA days in the last year.

Tues., Feb.1, 2011 / 9:00 am – Supervisor Sam yelled at me this morning because I took an FMLA day yesterday because my asthma was kicking up and I could barely breathe. Supervisor Sam said, “That’s the fourth time you’ve missed work in the last year! I’ve got customers who need attention – I need you here every day – asthma or no. If you can’t be here, I’ll find someone who can.” Told Supervisor Sam that this wasn’t just an ordinary absence – I used an FMLA day, and had called in using the correct procedure. Told Supervisor Sam that serving the customers is important to me, but my health is important also, and that’s the purpose of FMLA. Supervisor Sam was not happy – he stomped away, grumbling “We’ll see about that. I’ll teach you a lesson about using FMLA.”

Weds., Feb. 2, 2011 / 7 am – Arrived at work to find my desk had been moved to a closet. Supervisor Sam was in his office with a group of employees, all of them laughing at me. Supervisor Sam said my desk would stay in the closet until my attendance improved. I sent an e-mail to Supervisor Sam, confirming what he said and asked him to correct my understanding if I am wrong. Bill B. stopped by and said he was sorry Supervisor Sam was retaliating against me, and that something similar had happened to him last month – Supervisor Sam gave him 3 days off without pay because he used an FMLA day.

With a careful written record of the facts of your situation and all the events surrounding it, you’ll have the “smoking gun” you need to prevail against any unscrupulous “file padding” in which your employer may engage.

mary@undercoverlawyer.com

From Curt: Mary has a few openings to help community members with their documentation, timelines, and EEOC filings.  Her rate is a very reasonable $50 per hour.  Quickly contact her at the email above if you want  her specialized help.

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