How do you recommend I document (or not) this precarious job situation?
June 25, 2020 8:47 AM Subscribe
In recent weeks, I'm realizing my current position at my place of work may be more tenuous than I thought. It feels like the big boss is unhappy with my work/me and possibly "out to get me". In addition to measures I'll take to not get canned, is there anything I should/could be documenting for potential legal considerations, and any reason to do so? Details below.
I work in a non-profit making widgets. I don't like my job very much, but overall its fine, and I do it well enough. However, management is almost non-existent here; I don't ever get direct feedback from my supervisors about improving my work except positive feedback that is very general - "You are great" kinda stuff.
I am middle management, but b/c of my role, I have increasingly had to interact with the CEO - and they are difficult. Basically, every time I need to show them my part of the widget, I get nasty feedback, excessive micromanagement, passive aggressiveness. This is not unique to me, but I have seen others get this treatment, and some of them end up fired. Previously I've been able to avoid such interaction, but now its getting more regular, so I've started to prepare by looking around for a new job, and thinking about ways to engage my supervisor to help me.
So the advice I want is not about workplace dynamics or getting a new job - I know the basics around managing up to my direct supervisor, trying different tactics to avoid getting fired, and job searches.
The advice I want is this: if I were to get fired (capricious firings have happened before) is there any reason for me to be documenting the nasty treatment I am getting now? I don't think I am in any protected class except I'm older than 40. I am an at-will employee, but would I have any leverage were I to show my HR, or a lawyer, a pattern of capricious, nasty responses to my generally acceptable work?
Or, would a lawyer be like "yeah you work at a poorly run non-profit and they decided to get rid of you" - do you think documenting this is just a waste of energy and I should focus my time/energy on improving my current situation and/or finding another job?
Thanks - I hope that's clear!
I work in a non-profit making widgets. I don't like my job very much, but overall its fine, and I do it well enough. However, management is almost non-existent here; I don't ever get direct feedback from my supervisors about improving my work except positive feedback that is very general - "You are great" kinda stuff.
I am middle management, but b/c of my role, I have increasingly had to interact with the CEO - and they are difficult. Basically, every time I need to show them my part of the widget, I get nasty feedback, excessive micromanagement, passive aggressiveness. This is not unique to me, but I have seen others get this treatment, and some of them end up fired. Previously I've been able to avoid such interaction, but now its getting more regular, so I've started to prepare by looking around for a new job, and thinking about ways to engage my supervisor to help me.
So the advice I want is not about workplace dynamics or getting a new job - I know the basics around managing up to my direct supervisor, trying different tactics to avoid getting fired, and job searches.
The advice I want is this: if I were to get fired (capricious firings have happened before) is there any reason for me to be documenting the nasty treatment I am getting now? I don't think I am in any protected class except I'm older than 40. I am an at-will employee, but would I have any leverage were I to show my HR, or a lawyer, a pattern of capricious, nasty responses to my generally acceptable work?
Or, would a lawyer be like "yeah you work at a poorly run non-profit and they decided to get rid of you" - do you think documenting this is just a waste of energy and I should focus my time/energy on improving my current situation and/or finding another job?
Thanks - I hope that's clear!
There's probably no sense in documenting anything for legal (going-to-sue) purposes unless you are being asked to do things that are illegal or actually against unemployment law like if you were non-exempt and being asked to work late and not log your time. But if you are going to try and get unemployment, definitely save your positive feedback and emails indicating that you are doing what you are told, so you can show evidence that you were not fired for cause.
It's not a waste of your energy to protect your income, and that includes making things better at work if you can, applying for new jobs ASAP, and documenting your good work so you can access unemployment. All three are part of protecting your income, all three are equally worthwhile.
I'm someone who sued a former employer for an FLSA violation. My case was really clear-cut, I had documentation that my supervisor asked me to work at weird hours and not document my time. But if I hadn't had that, my lawyer said I wouldn't have had a case at all. YMMV.
posted by juniperesque at 9:12 AM on June 25, 2020 [4 favorites]
It's not a waste of your energy to protect your income, and that includes making things better at work if you can, applying for new jobs ASAP, and documenting your good work so you can access unemployment. All three are part of protecting your income, all three are equally worthwhile.
I'm someone who sued a former employer for an FLSA violation. My case was really clear-cut, I had documentation that my supervisor asked me to work at weird hours and not document my time. But if I hadn't had that, my lawyer said I wouldn't have had a case at all. YMMV.
posted by juniperesque at 9:12 AM on June 25, 2020 [4 favorites]
I am probably in a different country than you and when I was in a similar situation I ended up being so traumatized (yes, I am not using that word lightly) that my union didn't think I could go through the mill of suing them. But given that it has hurt my ability to work and my reputation immensely, I wish I had sued them. And if I had archived the records, I could have won, according to my council.
For me, archiving everything outlook would have done the job, basically.
At a point, I made sure to have witnesses taking notes, which probably secured me better terms than my employer had intended when I was fired.
posted by mumimor at 9:16 AM on June 25, 2020 [1 favorite]
For me, archiving everything outlook would have done the job, basically.
At a point, I made sure to have witnesses taking notes, which probably secured me better terms than my employer had intended when I was fired.
posted by mumimor at 9:16 AM on June 25, 2020 [1 favorite]
Worst case scenario: you waste a little bit of time creating documentation you have no use for.
But honestly, even if there's no lawsuit, no big showdown, no reckoning, that documentation is *powerful* in the face of gaslighting, and for trauma recovery. Document for YOU even if for nobody else.
posted by Lyn Never at 9:21 AM on June 25, 2020 [13 favorites]
But honestly, even if there's no lawsuit, no big showdown, no reckoning, that documentation is *powerful* in the face of gaslighting, and for trauma recovery. Document for YOU even if for nobody else.
posted by Lyn Never at 9:21 AM on June 25, 2020 [13 favorites]
In the US, I would very much recommend documenting so that if you get fired, you can show that it was not reasonable and file for unemployment. Document your good work and document comments from others (get it in email) that Boss is capricious and unreasonable, prone to rage-firing. The job market is weird. you may need Unemployment Compensation. Forward emails to a dedicated external account, set up something like RajaKing-Employername@gmail. when stuff happens, boss yells, etc., send a short descriptive, factual email to that account. The advantage of email is a date-stamp, among other stuff.
When you meet w/ Boss, even if Boss stops by your desk to criticize, follow up with an email, BCC to your outside account. Boss, when you stopped by my desk, you asked me to make X, Y, and Z changes. Sending followup email to confirm these requirements.
I sued my employer for Reasons. Boss said Theora is lying, she never informed me of X and X and Z. I had emails to him, with his replies. It made me a lot more credible, which, in fact, In was.
posted by theora55 at 9:46 AM on June 25, 2020 [9 favorites]
When you meet w/ Boss, even if Boss stops by your desk to criticize, follow up with an email, BCC to your outside account. Boss, when you stopped by my desk, you asked me to make X, Y, and Z changes. Sending followup email to confirm these requirements.
I sued my employer for Reasons. Boss said Theora is lying, she never informed me of X and X and Z. I had emails to him, with his replies. It made me a lot more credible, which, in fact, In was.
posted by theora55 at 9:46 AM on June 25, 2020 [9 favorites]
I would also strategically ensure there are witnesses at your interactions with boss and cc them on the above suggested confirmation emails that you heard boss on X issue are are taking Y & Z steps to address next steps.
posted by brookeb at 11:44 AM on June 25, 2020 [1 favorite]
posted by brookeb at 11:44 AM on June 25, 2020 [1 favorite]
I don't think I am in any protected class except I'm older than 40.
Over 40 is a protected class, but nothing you’ve mentioned seems age related so it may not matter.
posted by Tell Me No Lies at 1:25 PM on June 25, 2020
Over 40 is a protected class, but nothing you’ve mentioned seems age related so it may not matter.
posted by Tell Me No Lies at 1:25 PM on June 25, 2020
I have been in a very similar situation. Document to keep yourself from feeling gaslighted. Document to make it easier to calmly correct the record if you're "written up." Document to help you fantasize about taking a shocking exposé to the Board that gets the CEO fired and exiled.
posted by desuetude at 6:46 PM on June 25, 2020 [2 favorites]
posted by desuetude at 6:46 PM on June 25, 2020 [2 favorites]
This thread is closed to new comments.
Take notes on all significant conversations, decisions, direction. Timestamp. Archive them off-site (e.g. personal Dropbox)
If you have good reviews, archive them off-site.
Export your email twice a day (off-site, obvs).
These things help you get unemployment. And dilute claims by your employer that you were fired for cause.
IANAL. IAAGWBF (guy who's been fired)
posted by j_curiouser at 8:58 AM on June 25, 2020 [5 favorites]