Four Nasty Tricks HR Uses to Cheat Employees
The Mighty “Open Door Policy”
Human Resources (HR) departments often claim to have an “open door policy” where employees can voice their concerns and complaints. However, this is often far from the truth. Many employees who have gone to HR in confidence have found that their complaints were shared with the very person they were complaining about. In fact, most companies use the open door policy as an early warning system to quash dissent and complaints before they spread. HR may even tell employees that they will be legally protected from retaliation if they utilize the open door policy, but this is often untrue. Legally, employees are only protected from retaliation if they have made a complaint protected by law.
Despite these issues, there are still times when it is appropriate to go to HR and complain in writing. However, it is essential to fully understand why you are doing it, how to do it correctly, and how to minimize the risks involved.
Workplace Investigations
When an employee reports an issue to HR, such as harassment, HR will often claim to launch an investigation. However, these investigations are usually focused on protecting the company, not the employee. HR’s job is to document things that help the company, not the employee. They may destroy their notes, interview only witnesses that support the company, and communicate with the employee only in person or over the phone to avoid creating a written record. This can all be used against the employee if they decide to sue the company in the future.
Despite these tactics, it is still important for employees to participate in workplace investigations. Refusing to participate can make the employee look bad in the eyes of a jury, should the case go to litigation.
Lies from HR
While HR may not always lie in their interactions with employees, there is no legal requirement for them to be truthful either. In situations of dispute, HR may lie in write-ups and performance improvement plans to protect their own interests. They can make false claims about an employee’s behavior, punctuality, or attitude to justify termination. The law of defamation often doesn’t have much teeth in employment law, making it difficult for employees to hold HR accountable for their lies.
The Worst Trick: Arbitration
Arbitration is a commonly used trick by HR and employers to prevent employees from suing them in public court. Many employees unknowingly sign arbitration agreements when they start a new job, often without reading or fully understanding the implications. These agreements force employees to fight for their rights in a secretive, binding judicial process, where the outcome heavily favors the company. Arbitration dramatically reduces the settlement value of cases and prevents employees from filing class action lawsuits against the company, even for smaller claims.
The use of arbitration agreements has resulted in billions of dollars of lost wages for employees across America. It is an insidious tactic that HR and employers use to minimize the size of harassment, retaliation, and wrongful termination claims.
While it is difficult to avoid arbitration once an agreement is signed, it is crucial for employees to be aware of its implications and seek legal advice if necessary.
Conclusion
The tricks used by HR to cheat employees out of money, rights, and their jobs are highly deceptive and damaging. The open door policy, workplace investigations, lies, and arbitration all work together to protect the interests of the company at the expense of the employee. It is important for employees to educate themselves about their rights, seek legal advice when necessary, and be cautious when dealing with HR.
Remember, not all HR representatives are bad people. However, their incentives may be misaligned, leading to these unethical practices. By understanding these tricks and seeking proper legal counsel, employees can protect themselves and fight for their rights in the workplace.
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