Wednesday, January 31, 2007

Hard Core Evidence Saved Reader From Attacks!

I received an email from a reader that had a great quote I wanted to share with all of you. The reader was responding to my post on how important it is to document everything. He mentioned that his hard core documentation actually put a manager on the defensive to the point where he couldn’t even dispute the facts presented by the reader. The reader added this:

“Real-time documentation (which doesn't have to be exactly "real time" but usually, at least, the same or next day) is the heart of winning when negotiation and arbitration come around. If your case really is backed up by the facts on the ground, your documentation will usually enable you to win well before the courts even have to get involved.”

Take it to heart. He’s absolutely right. Track everything. If you don’t have information in writing, put together a quick email and send it to whomever you’re having issues with.

I have a good friend, who was verbally told that she had to make sustained eye contact with every coworker and that she had to speak to every coworker that greeted her. She was told that if someone spoke to her, but they did not hear her say “hello” or “good morning” in response, that could be grounds for termination. Prior to this conversation, my friend always made eye contact and greeted staff. But, this manager had an agenda, which was to run her out of her job. So, the manager was screwing with my friend in order to create a hostile work environment that might lead her to resign or that could be used to terminate her. The larger issue is that you can’t find that order (to make eye contact and greet employees) in any personnel manual at any company. Yet, my friend was specifically being targeted and harassed with this order and was going to be watched to see if she was living up to this demand. That order represented disparate treatment. Only my friend, and not all staff, was held to new standards regarding eye contact and salutations. Only my friend received a job threat related to this behavior. This is illegal. But, the manager was smart enough not to put this in writing.

So, my friend emailed her to clarify the conversation they had. And, that’s all you have to do. If someone tells you something, as opposed to putting it down on paper, just send them an email saying something like, “We just met. As a result of our conversation, I want to be very clear about expections. You’ve asked that I [insert whatever was asked] and you said that noncompliance would result in [insert threat]…” The point is to get it down and send it to the individual. They can respond by saying one of three things:

1. “I never said that.”
2. “I misspoke. I meant to say…”
3. “Yes, that’s what I said.” [This is not very likely to happen.]


Or, they will decide not to respond. But, ignoring an email like that certainly suggests that the content is true. If it were not, a clarifying email would have been sent.

Remember that people are smart and racists are savvy. Although it does happen, many workers and managers won’t just drop evidence that can be used against them into your lap. So, always remember that you can create evidence against your attackers by making simple queries. This evidence can enable you to do what the reader suggested, which is to “…win well before the courts even have to get involved …”

1 Comments:

Blogger S. Mary Wills said...

She filed a complaint with the EEOC because it's clear she's being set up for termination. Every time she turns around, a piece of work is being taken from her or there's some drama that she supposedly caused. The company is now aware she filed a complaint, so the manager is all smiles all of a sudden. But, my friend is still waiting for the other shoe to drop. She's convinced, and rightly so, that they're just figuring out how to fire her. You know, getting the story and wording straight for the termination letter. If they fire her, it's going to smack of retaliation, which only makes the problem worse for them!

4:42 PM  

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