Discover the cunning tactics employed by Human Resources to deceive and exploit employees, depriving them of their rights, money, and even their jobs. As an employment lawyer, I’ve witnessed the alarming strategies used by HR departments, and in this article, I will unveil four of the most notorious tricks. By understanding these tactics, you can protect yourself and make informed decisions in your workplace. Stay tuned, as the tricks only get worse from here.
Trick 1 – The Illusion of an “Open Door Policy”
Human Resources often touts their “open door policy” as a safe space for employees to voice concerns and seek confidentiality. However, the reality is far from what it seems. The open door policy is a clever ploy used by companies to gather information and suppress employee dissent. Instead of ensuring confidentiality, HR frequently shares complaints with the accused party, leading to retaliation. Moreover, HR misleads employees by falsely claiming legal protection from retaliation for utilizing the open door policy. In my video series on “How to Complain to HR Correctly,” I delve deeper into when and how to file a complaint while minimizing risks.
Trick 2 – Workplace Investigations: Protecting the Company, Not the Employee
When an employee reports an issue to HR, such as harassment, the HR representative initiates an investigation. However, don’t be fooled by this seemingly impartial process. The primary objective of HR is to shield the company from legal liabilities, not to support the employee. Throughout the investigation, HR manipulates the process to favor the company’s interests. They may selectively destroy their notes, interview biased witnesses, and collaborate with the employee’s supervisor to create a negative performance record. Even if the HR representative believes the employee’s claims, they will never document it in writing. Remember, participating in the investigation is crucial to maintaining a positive perception in future legal proceedings.
Trick 3 – HR Reps: Masters of Deception
When disputes arise, HR representatives are not bound by any legal obligation to be truthful. Instead, they prioritize protecting their own jobs and the company’s interests. During write-ups, performance improvement plans, and lawsuits, HR commonly resorts to lies. They may fabricate accusations of lateness, insubordination, or a bad attitude to build a case against the employee. Challenging their falsehoods requires a skilled lawyer who can effectively cross-examine them in court. However, be prepared, as the worst trick is yet to be revealed.
Trick 4 – Arbitration: Stripping Away Employee Rights
Arbitration, the most egregious trick, remains unknown to many employees. By slyly slipping arbitration agreements into new hire paperwork, companies deprive employees of their right to sue in a public court system. Arbitration forces employees into a secretive, binding process with no right to appeal. The arbitrator, often chosen and paid by the company, is biased, resulting in favorable outcomes for employers. Consequently, the settlement value of a case diminishes significantly, leaving employees at a severe disadvantage. The insidious nature of arbitration has cost countless American workers billions of dollars.
Conclusion
Awareness of these four deceitful tactics used by Human Resources is crucial in safeguarding your rights and navigating your workplace effectively. While the open door policy, workplace investigations, HR’s deceitfulness, and forced arbitration pose significant challenges, understanding these tricks empowers employees to make informed decisions and seek appropriate legal advice when necessary. By staying informed and vigilant, you can protect yourself against the manipulative practices of Human Resources and ensure fair treatment in your professional journey.
