I think it depends on your line of work and if it would be easy to find another job? After hubbies accident he had trouble with his boss and management they bullied him a lot wrote fake incident reports unfortunately he was really stuck as it was their word against his he ended up being placed on probation then they suspended him without pay pending an investigation he ended up telling them to shove it because he didn't want their fake crap on his résumé he walked away with a few more good references and after a few months he found another job but we struggled with unemployment and a very crappy paying job for a few months. We could of taken them to court and we did consider it a lot but the legal advice we were given basically said we had no chance given they were a mining company with basically a whole pile of money and we had none on paper hubby probably should of stuck it out docented stuff and we could of taken the long battle through the courts we ended up taking 2 months wages because mentally it was not good for hubby.
Karma bit them in the **** though when he got his payout for the accident!!
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29-09-2012 22:00 #11
29-09-2012 22:39 #12
This is gonna be huge, so hang in there! *chuckle*. Give this to your DP, and tell him that I've used this method on employers in the past and it hasn't failed me yet .
I agree with documenting everything, but I'd also ask to have a meeting with the boss.
I'd ask what SPECIFICALLY is a problem with my work. I'd want them to give me a detailed idea of where I'm going wrong. And if the only response is "Your work is fine, it's just your attitude" then I'd explain to him that I hadn't realized that my attitude was inappropriate, however as my work is up to scratch you feel it's unfair to determine the validity of your role based on that.
I would then go on to explain that I understood that he might be concerned that a negative attitude can foster a poor moral in a workplace and that I would do my very best to ensure that I was as positive as I was able to be in the workplace. I would say that I was unaware of any negative attitudes or actions that might be causing problems and let him know that you feel completely comfortable with him mentioning it as it happens so that you're aware of the behaviour at the time and have the opportunity to explain why you're responding in that manner.
Then I'd note ALL of that down (tell him you're doing it) and ask him to sign a copy of it acknowledging that you had the conversation and that you've agreed to address theitemized issues discussed as far as can be reasonably expected.
1) Confronting him in a professional and genuinely concerned manner will most likely make him back off really quickly if he's just trying to sack you to save money.
2) If he can't give you specifics, he can't complain. You're doing your job to a satisfactory standard and can't just sack you to save money.
3) You have documented evidence signed by him showing that you have tried to make an effort, which means you're not just being a lazy or negative worker. You're being pro-active and thoughtful about your actions. Always a good sign when you're covering your retreat (should you decide to leave... Or call him on being a jerk).
4) You make it clear that he must make you aware of issues as they occur. That way he can't turn around and say "Oh, you did this three weeks ago, and this a week ago, and this just before...". It means he can't "Build a case" against you. He'll have signed something stating that he'll inform you of any issues so if he lets things build up to have a case for dismissal, it'll be clear that he was doing exactly that.
5) And finally, you add that wonderful little line about as far as can reasonably be expected. That's simply so that he doesn't say something along the lines of "You agreed that you'd fix all of these things. YOU came to me with the papers to sign!". A reasonable person can't be expected to learn new processes and improve their work output with those processes in the space of a couple of days, and any unfair dismissal hearing is going to take that into account.
It wouldn't be a legal document by any means, it's just a cursory agreement between employer and employee. But it shows that you're conscientious and have made a strong attempt to ensure that your work is up to scratch.
But it also will show your employer that you're not just going to bend over and take it as it were.
Chances are, if they're just fishing to see if they can get away with sacking an extra body they'll reverse engines pretty quickly when they realise that you're not going to be a doormat for them to lever out with a bit of half-a$$ed intimidation.
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