What are your recommendations for those of us who work in "at-will" states, where it's common to see "Offer letter is not a contract" in the offer emails, contracts are often eschewed except for certain key roles, and where employers have a much easier time changing parameters of your employment? (No I'm not uprooting the family and moving, either)
Since most of us work in at-will states, the advice is pretty much the same. Once you get a sign that management is no longer on your side, start your next job search and document as much as you can.
And also try to get an actual contract and not just an offer. Most decent companies will actually give you a real contract beyond the offer that details what the job duties are and the compensation and anything else you've agreed on if you ask nicely. Or you can write one yourself and ask them to sign it.
But of course a lot of that depends on what leverage you have -- how badly do they want you on board.
I've gotten that advice, but I've almost never seen it to be helpful:
- It's almost impossible to win a law suit for being fired, unless it's clearly based on sex/race/etc.
- If you sue, you'll burn bridges
- If future employers find out you sued, they won't want to hire you.
It's one of those things that's nice in abstract, but in practice, seems like a waste of time, relative to practising for interviews, applying for jobs, or trying to fix things with the old employer.
My advice is to jump ship, and leave on good terms.
Companies aren't people. I once worked for a company which wasn't a great employer, but I'm glad I left on good terms. The place no longer exists, and there are lots of people there whom I value.
The main purpose of documenting is to show HR that you are documenting, which may get them to reconsider sketchy behavior. But beyond that you are right, suing for being fired rarely works and usually is worse for you than them.
The main purpose of documenting is to show HR that you are documenting, which may get them to reconsider sketchy behavior.
I respect the ideal state you’re shooting for here, but that “may” leaves too much wiggle room for HR sleight-of-hands. I sit here and tell you with a straight face I’ve watched first hand companies doing some pretty shady things under the banner of HR that raised several ethical flags, but because they weren’t outright illegal, when the employee came back with plenty of documentation they still walked away with no judgement, no settlement, and no job.
“Showing” HR that I’m documenting just seems like a REALLY good way to get a very large target painted on my back and… I don’t know if people want to show their hands like that.
IANAL or OP; I work in CA (which AFAIK is at-will) and I made sure the actual employment contract specified remote, and didn't consider myself as having a new job until I had that paperwork (aka - didn't quit existing job, literally or emotionally, or stop other job search prospects, etc)
