“Not everything ethical is legal, and not everything legal is ethical.” Not all managers are completely truthful and accurate when they talk to employees, and some take for granted certain rules that are very common in some companies but are not entirely true. Sometimes this is because they are not well informed about workers’ rights, and at other times authority is simply used to cover up what is not right.
Here are 5 things managers often tell their workers (or candidates) that they should not say, because in some cases they are neither true nor a legal reason to dismiss someone. In other cases, we simply need to stay alert, especially when we are negotiating at the start.
1. You can’t talk about your salary with your colleagues.
It is true that pay differences between colleagues are a very common source of disputes, resentment and sour faces at work. Many managers know there may be a latent unfairness between what some people are paid and what others are paid, when at the end of the day they do practically the same job.
In some companies the rule is very clear: “You are not authorised to discuss what you earn with your colleagues. If management finds out, it may take action.”
No business or employment law prohibits employees from discussing their salaries and working conditions with one another. That said, while the law allows it, if your boss has given you special terms because they think highly of you, it would be unethical on your part. But it is legal, and they cannot fire you for it.
2. Forcing you to resign.
“You have to resign.” Your boss can dismiss you, but they cannot force you to resign if you don’t want to. If you refuse to resign, your boss can dismiss you. And the vast majority of workers prefer that, because they receive higher severance pay and keep their right to claim unemployment benefit. If you resign, you lose certain rights.
In many cases, to avoid becoming a victim of workplace bullying (because when you are invited to leave and you don’t, your time at the company will not be very pleasant), the best option in most cases is to negotiate the severance downwards until you reach an agreement for them to dismiss you.
3. Sign this document, but don’t worry, it won’t actually be enforced.
If someone tells you, all friendly, not to worry when you sign a document because it won’t be enforced, worry twice as much and read the document even more carefully. If it isn’t going to be enforced, why do you have to sign it? That kind of document is usually a solid insurance policy for the company, and in the event of future disagreements, you can be sure they would use it.
If the document you are about to sign contains a clause that would work against you if it were used, once you sign it, it doesn’t matter what you were told, because in court a signature on a contract overrides any verbal version, as it is a legally binding document.
4. There’s no need for me to give you a copy of the contract.
Never sign anything you won’t get a copy of, because if you don’t have a copy, you haven’t really signed anything in the eyes of the law in the event of a dispute or disagreement with the company. Even if it sounds believable when they say “I’ll give you a copy tomorrow”, don’t feel awkward or embarrassed about insisting the next day on getting your copy of the contract, because some companies may do this hoping you will forget.
5. You start on these poor terms for now, but in three months…
Do these words sound familiar to some of you? “For the first three months you’ll be on a commercial contract (a contract for services rather than an employment contract), but if you meet the minimum targets, we’ll give you a permanent contract with a fixed salary of xxxx plus commission, a company car, and so on…”
Offers like this are everywhere these days, especially in sales, and they come from companies that have spent years taking advantage of the constant flow of temporary salespeople through the business, some of whom will sell one insurance policy in a month and others ten.
The cost to the company of both workers is exactly the same: the first three months cost them nothing. As a general rule, the terms they promise you are a lie, but if you are in doubt and want peace of mind that they will keep their side if you keep yours, ask them to put it in writing in a contract. If they refuse, you were about to work your backside off for a company that was only looking to take advantage of you.
Further reading
- 6 signs that you should dismiss an employee
- How to answer “What is your greatest weakness?” in a job interview
Featured image: Keith Williamson, CC BY 2.0, via Flickr.
