TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

NOVEMBER 2008: CAN ANYTHING BE DONE IN THESE TOUGH TIMES TO
PROTECT YOUR JOB*

The past few months have been an economic nightmare. Just about every day now employers are announcing mass lay-offs at all levels of their organizational charts to try and cut back on their biggest expense: employees. Frankly, no one is safe. As almost all employees are employed “at will” there is not much that can be done if your employer decides to select you for termination.

However, there are a few things to keep in mind that might help you through these uncertain times. First, the more valuable you make yourself to your employer the more difficult it will be to terminate your services.

Second, do not give your employer a reason to pick you. Make sure you are coming in on time, performing at your highest level and working collegially with your co-workers. This is not the time to engage in misconduct, take an unscheduled vacation or complain about your working conditions unless you really believe you are being treated unfairly and need to protect yourself.

Third, if you are one of the fortunate few that have a contract or offer letter that assures you a certain level of compensation or bonus it would be a good time to review your documents and understand your rights. Unfortunately, contracts are made to be broken and companies will be looking for anything to give them leverage to either avoid paying you what you are due or to negotiate a reduction in your payout. Trying to anticipate such a scenario by questioning your company’s integrity in advance will not serve you well. The wiser course would be to keep a sharp lookout for signs of trouble.

Finally, you will never know when you may be tapped on the shoulder so make sure you have a copy of all relevant documents related to your employment at home such as the employee handbook, employee code of conduct, company stock option plan, your offer letter, your employment agreement, and/or any emails that support any claim for compensation or which might give you leverage to negotiate severance for yourself.

If you truly feel your position or your contractual rights are in jeopardy then it is never to soon to meet with an employment lawyer to review your rights and options and develop an action plan. It is always in an employee’s interest to be pro-active as further discussed in my August 2007 Monthly Tip.

Next Month’s Tip: WHEN TO TELL YOUR BOSS YOUR PREGNANT?

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.