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10 Workplace Myths Busted

November 16, 2011 RSS Feed Print

For a place that we spend so much time in, there are a surprising number of myths about the workplace. Here are 10 of the most common myths about work life, debunked.

1. Myth: If your boss is unfair or hostile, you might have legal recourse.

Fact: It’s not illegal for your boss to be unfair or a jerk. It’s unwise, but it’s not illegal. The exception to this: If your boss is being a jerk to you because of your race, gender, religion, or other protected class, then you do have legal options. But most jerky bosses act like jerks because that’s just the way they are, and that’s legal.

[See The 50 Best Careers of 2011.]

2. Myth: The First Amendment protects your ability to say what you want at work.

Fact: The First Amendment prevents the government from restricting your speech, but not a private employer. In most states, an employer can fire you for what you say at work, or even outside of work. (An exception to this is if you’re organizing coworkers about wages or working conditions.)

3. Myth: HR’s main function is to help employees.

Fact: HR is there to serve the needs of the business; its loyalty and responsibilities are to the employer. In some cases, that means helping out employees—because it’s in the best interests of the employer to retain great employees, hear about and address bad managers, stop legal problems before they explode, and so forth. But plenty of other times, what’s best for the employer is not what’s best for the employee, and the best interests of the employer will always win out.

4. Myth: HR has to keep things confidential if you request it.

[See 10 Questions You Should Never Ask in a Job Interview.]

Fact: HR reps aren’t doctors or priests; you shouldn’t assume confidentiality when talking to them. If an HR rep hears information that she judges needs to be shared or used to address a situation, her job obligates her to do that. A parallel: Imagine you’re a computer programmer and you learn there’s a serious bug in the software you’re working on. If you do nothing, you’d be being negligent and not doing your job. It’s the same thing with HR.

Now, in some cases, you can talk to HR in confidence if you explicitly work out an understanding of confidentiality before you share. But there are also cases where HR is required to report things (such as concerns about harassment or illegal behavior), no matter how vehemently the employee requests confidentiality.

5. Myth: An employer needs to warn you or at least give you a reason before firing you.

Fact: Unless you have an employment contract (which most employees in the U.S. don’t), you’re considered an at-will employee. That means that your employer can fire you at any time, without warning, for any reason or no reason at all. Your boss can fire you because she doesn’t like your laugh or the color of your tie. The only exceptions: You can’t be fired if the reason for your firing is your race, religion, sex, national origin, or membership in another legally protected class.

6. Myth: You can’t get unemployment benefits if you’re fired.

Fact: People often think that only laid-off employees are eligible for unemployment benefits. But in most states, fired employees can collect too, as long as they weren’t fired for intentional misconduct. (In other words, being fired for poor performance won’t generally make you ineligible.)

[See Should You Take on a Second Job?]

7. Myth: Employers can’t give references beyond just confirming your title and dates of employment.

Fact: Giving detailed, honest references is legal. It’s true that some companies, in an effort to avoid the headache of nuisance lawsuits, have implemented policies that they’ll only confirm dates of employment and title. As a result, many people have come to believe that it’s actually illegal to give a bad reference. But corporate policies aren’t the law. They’re often not even followed by the companies that have them. It’s both legal and common for employers to give detailed references—and a surprising number of references are either lukewarm or bad.

8. Myth: Your employer can’t require you to attend work-related events outside of regular work hours.

Fact: Whether it’s a client dinner or a training class, your employer can indeed require you to attend events outside of your usual work hours.

9. Myth: If you disagree with a performance review, you should refuse to sign it.

Fact: Signing a performance review doesn’t mean you agree with it; you’re simply indicating that you received it. (And if you’re uncertain about that, you can always voice your disagreement and write, “Signing to acknowledge receipt only.”) Refusing to sign has no practical purpose and will just get you labeled as adversarial and difficult.

10. Myth: Salaries are set fairly.

Fact: A coworker doing the same job as you might make more or less than you for doing the same work. Salaries vary for all sorts of reasons: one person was a better negotiator than the other when first being hired, or the job market was tighter when she was hired, or she has a particular degree or skill set that the company rewards, or the budget for her department is different than yours, or her boss is a nightmare and the company pays people working for him a premium.

Alison Green writes the popular Ask a Manager blog where she dispenses advice on career, job search, and management issues. She's also the author of Managing to Change the World: The Nonprofit Leader's Guide to Getting Results and former chief of staff of a successful nonprofit organization, where she oversaw day-to-day staff management, hiring, firing, and employee development. She now teaches other managers how to manage for results.

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I got hired at a well known IT company in January to do the Data Center Tape Operations. It is a new facility so I am creating this job from ground up, and its demanding in walking stooping and reaching and maybe occasional 50 lbs of lifting but they assured me in the interview nothing more (I would never take a job that I can't do for my size).

Meanwhile, a shipping/receiving guy quit his job 2 weeks ago and we are really short handed. They put me back there to do his job, which entails constant lifting of boxes at least 50 lbs but many times I've had boxes I've had to push because they are so heavy. I have to move big pallets of equipment coming in (some of them holding big Data Center Racks), which can be several hundreds of pounds. I am 54 year old woman of 5 feet 4 inches. I am not designed for this work. friday my upper back began shooting pain. I reported it to one guy, but most people who could have come back to help left for the day or were busy playing on computers. One guy came back and helped or I would have been there until 7 pm.

Very upset about this. I haven't been able to do my normal job duties. One day I had about 200 boxes. Once I log them into the system I have to find a place in our storage areas for them. It's been awful. I don't understand this or how this can be legal. I want to help them out until they can get a permanent person but it could take weeks they said.

I'm one of only 4 women in this place. There are plenty of men that could be doing this but they put me in there. It almost feels like the manager is using me to make a statement to the upper management (which is not even located at our facility). This is a major computer company based in Texas, but our facility is elsewhere.

This sounds way beyond what should be required of an employee.

Would like any feedback if anyone is still minding this blog.

Cathy of WA 3:27PM April 14, 2013

what about a new boss who doesn't know you yet, and takes the word of another employee in charge of another dept. re: your performance, attitude, etc.? This

boss believes this person's perception & has no idea that he

abuses power & shows favoritism to

his friends, giving them special consideration for prime

work assignments, vacations, etc. Without running to the boss like a 3rd grader, what can you do?? Until the new boss came, this person sat in his office, & milked the clock along w/his friends. Shouldn't a good boss take a 'wait & see' attitude & make up his own opinions about employees?

Jonah of CA 9:42PM November 22, 2012

Irene, "hostile work environment" doesn't mean that your boss is hostile in the sense that we generally think of. It means that the hostility is based on your membership in a legally protected class (race, religion, sex, etc.).

Tom, an employer does not need a paper trail before firing you. Most employers like to have them anyway, though, so that they have proof in case the employee later alleges some form of illegal discrimination (i.e., that they were fired because of their race, religion, or so forth).

Alison Green of DC 9:36PM November 21, 2011

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