Lucia

de Vernai

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July 8, 2009

While You’re Scrambling for a Job, Know Your Employee Rights

Unemployment numbers have been disappointing for months, and the layoff rate has not slowed down. In June, almost half a million jobs were lost and more Americans applied for unemployment benefits as the growing desperation among Americans who take pride in earning their living has made the competition for any and every position a steep one.

Companies have never had a better return on their ads: Hopefuls with 20 years’ experience are vying for entry-level positions, it’s easy to find employees willing to take less than part-time work, and the concept of benefits is not a part of the equation. Still, for the slight possibility of below living-wage work, we offer up our most sacred and intimate details – Social Security Numbers, where we have lived over the past decade – only to get a confirmation number in return. Sometimes.

Employers post offers for jobs for which they are not planning to interview in the following months, but to build a “willing and ready” file. Maybe you’ll hear back in two weeks, maybe in November, or maybe not at all. Don’t hold your breath for the “thank you for your interest, but” e-mail. After you pored over an application for three hours, the courtesy of letting you know where you stand is something most companies are clearly not able to afford.

The growing number of job-seekers is bound to exacerbate the employers’ treatment. You need them, they don’t need you, is the philosophy underlying their conduct. But while you are waiting for that phone call, brush up on your employee rights. It’s bound to give you a boost of self-esteem and maybe even keep you from being exploited as you try to track down your freshman dorm address. Here are some suggestions:

1.       Employers have the right to your credit rating under the Fair Credit Reporting Act. Your score may have changed over the months you have been unemployed (probably not for the better). It may be painful, but look it up to know where you stand.

2.       Some employers offer to send you a copy of your background check. It may be worth finding out what your potential employers know before you come in for an interview.  

3.       In many states, working without a contract is the same as working at will. Get it all in writing to avoid unpleasant surprises – unannounced firing and major change in job description among them. Don’t be afraid to ask for a detailed contract. It can spare the employer trouble as well.

4.       At times, the relief and excitement that come with a job offer distracts us from ensuring you understand the “small print”. Some questions you may want answered (even before applying), include: What is your base salary? What specific deductions will be taken from your check? What are your specific duties?

5.       If you are worried about what reference your previous employer will give you, double check the company’s HR policy. Many of them are only allowed to confirm your employment record, no editorial content included. Not that you would be worried about that.

Finally, check out Findlaw.com’s section on State Labor Law. It’s the poor man’s law school that may save you from selling yourself short.

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