They Don't Teach Corporate in College (57 page)

Under some circumstances, it might be wise to pay human resources a visit before handing in your resignation. Sometimes, particularly in harassment cases, HR may be able to step in and quietly resolve the issue without costing you your job. In general, though, be wary of complaining to HR. Your HR rep's job is to side with the organization you both work for, so don't blindly divulge information to her as though she's your therapist. Even if your situation is objectively horrible, be positive about seeking a resolution, and don't tell your HR rep anything that could be used against you.

Also, remember that when it comes to HR, you can't necessarily count on confidentiality. To be safe, you should assume that anything you say in an HR rep's office will get back to the person or people you're talking about. And if your conflict is with a senior manager, you may not get a fair hearing. When it's “his word against hers,” many HR reps will side with the more senior person involved, prejudicing them against you, the junior employee. Now, don't get me wrong, certain issues, such as sexual harassment, need to be confronted, and HR can be a useful ally in helping you do just that. Just keep in mind that the decision to involve HR should not be made lightly, and make sure to think through the consequences before making that call.

Life in the professional world isn't always fair, but it's helpful to know when your workplace has crossed a legal line and when the organization is well within its rights. For example, did you know that in most states in America, employers have the right to discriminate against employees because they are too young? Yes, it's true. The U.S. federal law only protects people from discrimination if they are over 40 and considered too old.

Have you ever heard the legal definition of
insubordination
? The word
insubordinate
can be dissected this way: “in” = “not,” and “subordinate” = “subject to the authority of another.” So someone who is legally
in-subordinate
refuses to recognize the authority of the employer, which can mean anything from cursing out your boss to refusing to complete a task that you consider unimportant.

And get a load of this one: In North America, most employees are at-will. This means that representatives of an organization hire you because they feel like it, and when your employment no longer suits their purposes, they can let you go with no strings attached. So, essentially, you can be fired for any reason or no reason at all. This is why most mass layoffs are legal.

Scary as these examples may sound, the law is generally on the employee's side. In the courts, employees are awarded millions of dollars every year for being:

Fired in a wrongful termination.

Wrongly classified as exempt from overtime pay.

Harassed or unfairly accused of harassment.

You don't have to have a law degree to understand your rights as an employee. Fair Measures, a company specializing in management practices that create fair workplaces for employees, has a terrific Website (
FairMeasures.com
) with tons of useful information about disability law, discrimination law, overtime exempt law, privacy law, sexual harassment law, and wrongful termination law.

When you're a victim, it's reasonable to feel angry and cheated. But do your homework before you take action that could backfire. If you think you've been treated unfairly, investigate the issue thoroughly before you make public accusations or hire a pricey attorney to file a suit on your behalf. Once you have the facts and understand your options, you can set out to protect your rights with confidence and conviction.

A few years ago, I left my job in HR at a food services company because of irreconcilable differences with my manager. On my last day, I went into her office to say goodbye and brought her a little gift. I told her that I was truly sorry things didn't work out and that
I wished her the best. Boy, am I glad I went through the trouble to smooth things over, because I later went to work for a consulting firm that was competing for my old company's business! The fact that I had left on good terms made all the difference.

Violet, 29, Michigan

After the stressful process of looking for a new job while you're still employed, accepting an offer is a huge relief. At last, you're free! You probably can't wait to share your good fortune with the world and tell your boss where she can shove that evil assignment she gave you last week. You might think that because you're leaving, you don't have to worry what people think of you anymore. This is not the case. Unless you want to erase everything you've accomplished since your first day on the job, your departure must be as strategic and deliberate as your arrival.

This starts with your resignation. Under no circumstances should you let on that you're leaving before you have a signed agreement and an official start date from your new employer. If you jump the gun and blab to everyone, and then your job offer falls through, your best-case scenario is that you've got egg on your face. The worst-case scenario, of course, is that your boss is insulted enough to fire you. Here are some other suggestions for making a smooth exit.

Tell your supervisor first.
You want your boss to hear the news from you, not from someone else in your department.

Give two weeks' notice.
Stay for the entire two weeks, unless the company requests that you leave sooner.

Be modest.
Don't alienate your colleagues by bragging or chattering incessantly about your awesome new gig.

Don't insult anyone or anything.
Whether it's true or not, show that you regret leaving such wonderful people behind.

Stay on top of your responsibilities.
Remember that you're accountable for your work until 5 p.m. on your last day.

Continue to adhere to office protocol.
You worked hard for that professional persona, so leave them with the right impression.