The Distortion of Bill of Rights in Small Business Environment


Regardless of your position – CFO, Controller, operational staff, CSR, janitor -when you accept “employment at will” arrangement in a privately-held company, you inadvertently give up the majority of your rights granted to you by the US Constitution.  Since the Bill of Rights is automatically presumed, it is not necessary to include freedom clauses into Employee Handbooks, Rules of Conduct and other such documents.  Look through them again whenever you have a chance:  they primarily describe what the company expects of you, not the other way around.

Closely-held companies are not democracies.  They are owners’ kingdoms, absolute monarchies.  And most of the time there is nothing you can do about it.  Let us look at some of the Amendments.

1.  Free Exercise of Beliefs.  Having been always based in NYC precluded me from ever witnessing open discrimination of employees for their religious believes.  At the same time on many occasions I’ve observed explicitly expressed irritation about people’s taking their PTO to celebrate religious holidays.  Quite a few times I saw the candidates being rejected based on the unspoken possibility  of their observance.

2.  We do not have Freedom of Speech as employees.  We try to keep our political, social and cultural opinions to ourselves if we know they contradict those of our bosses. Frequently we are not even given an opportunity to retort abusive, accusatory, or unfair verbiage directed at us or at our subordinates.

3.  We cannot exercise Right to Assembly.  I myself as a supervisor is pretty strict about people congregating for reasons not related to their jobs during work hours.  At the same time I am not as obsessive about it as some business-owners who throw tantrums every time they see people talking.

4.  The Protection from Unreasonable Search is violated time and again in the workplace.  The business files, emails, etc. are rightfully belong to the company you work for, and if you are openly asked to follow established policies of information sharing, files locations and full disclosure, you should willingly comply.  But many employers use System Administrators to secretly look through their employees’ emails, files, etc.  They open doors with spare keys and look into draws containing personal affects.  They use special programs to record IM communications, etc, etc.

5.  Not a single right guaranteed by the Fifth Amendment (due process, double jeopardy, self-incrimination) is considered when you are judged, persecuted and punished by your boss.  Fairness is laughed at in business environment.  A lot of CEO’s, with whom I dealt over the years either as an employee or through business and social networking, considered my personal determination to be as fair as possible and judge people on their merits in all situations as one of my “strange” qualities.  

One right we, as employees, can enjoy under “employment at will” arrangement is the very special freedom it guarantees you: just as your employer can fire you without warning, you can quit on a moment’s notice.   That, of course, if you can afford to do so.

Quote of the Week: “Mad Men” Peggy Olson Describes Your Common Workplace Environment


Peggy+season1"I don't understand… I tried to do my job, I follow the rules; and people hate me.  Innocent people get hurt and other people, people who are not good, get to walk around doing whatever they want.  It's not fair!"

            Season 1, Episode 12

            Nixon vs. Kennedy

Written by Lisa Albert, Andre & Maria Jacquemetton

 

The Boss Who “Cares” aka The Hypocritical Bastard


ClassicStyleHypocrisyMeterHey you, hard-working people, regardless of your profession, stature, or rank! I am talking to all of you!  Beware of "NICE" BOSSES!

You know the type – he always smiles at you, tells you jokes (and laughs loudly himself), asks about your family (sometimes even during first interviews), says "thank you" at the end of the day, declares that he wants everyone who works for him to be happy, claims to keep your opinion in high regard.  

This is all BULLSHIT!!!  This boss is a liar and a hypocrite!  Don't think for a second that because he acts like that on the surface, he really cares and will do right by you in terms of things that really matter, i.e. create material (compensation, benefits, working space) and moral (respect, recognition) stimuli for you to work harder and feel satisfied with your own performance!  

In fact, this faux exterior should be taken as a first sign of a shitty character.  There is an old proverb that applies perfectly here: "He makes a very soft bed that will be hard to sleep in."  The only person such a boss cares about is himself!  At the end of the day, all that huggy, phony warmth is just for him and him alone.  And because people like that lie to themselves the same way they lie to others, he goes home honestly believing that he is a swell guy and a wonderful boss.  He simultaneously pats himself in the back and jerks himself off.

 But when it comes to serious, important staff…  This is the guy who will fight you tooth and nail for every penny of raise or bonus you want to give your direct subordinates at the end of the year.  It doesn't matter to him that you only want to reward those who applied themselves the hardest, grew, learned, developed, and that you keep it all within the budget.  He'd rather double his own withholdings (for being so wonderful!) than reinforce the merit.  In fact, he will say, "Didn't we pay for her plane tickets when she went to her grandmother's funeral?"  Yes, we did – you suggested it to  be "nice."  So, now you think that was in lieu of the annual performance bonus?

And this is the guy who will reply to every great proposal from the members of his executive team, writing the exclamation-point emails: "Thank you!" "Great idea!" "Brilliant!" But he will never green-light the actual implementations.  You will see the mean gleam in his eyes every time the life proves you right or someone on the outside of the business confirms that you understand it much better than he does.  If that happens, he will enter a crazy cycle, competing with you all the time, even though he is the boss and, therefore, already won by default. 

I believe that the best working environments are created not by cuddly fakeness, but by indiscriminate fairness, accommodation of professional growth, and respect of achievements (the principles I myself exercise).  If that's impossible to have, I prefer an honest brute instead of a "nice" hypocritical bastard.  In this economy (or, as I call it "new reality") only a few of us get lucky and find "better" jobs.  The rest must tolerate whatever hateful things they are forced to experience.  And that's Ok (there is no such a thing as a "perfect" job anyway), as long as you face the reality with the full understanding of the situation and don't get fooled by appearances.