This is a guest post by HR Wench’s Jenn Barnes.
Here’s a story, of a lovely lady:
I was in the process of being laid off, but my managers kept saying different things. So I brought a voice recorder to work (during the last days) and recorded all conversations just in case something legal came up. I managed to hide the recorder under my sweater during meetings and thought no one was the wiser. One day I went on a break and left the recorder at my desk. When I returned, all of the content was erased. Was it legal for me to record conversations (without the other parties knowing) in the first place? Was it illegal for whoever erased the tape to do that?
Rule numero uno about lay offs: There will be wars, rumors of wars, lies, damn lies and maybe even some statistics thrown in for good measure. It’s a lay off and crap is flying every which way.
I’m not a lawyer (I don’t have the luxury of making decisions & recommendations in a vacuum) but I’d be willing to bet that in most states, recording a conversation without the other party’s knowledge is probably illegal. Further, what could possibly be gained from suing a company that is going through lay offs?
Sure, if there is blatant evidence available for a class action suit for age discrimination (i.e. only employees over 40 are laid off) or something similar, then go for the gusto. But if all different “kinds” of people from across the company are being laid off and it is based on performance, tenure, or last in/first out, then you are wasting time & aggravation by attempting to catch your soon to be ex employer in “something (il)legal”.
Bringing an audio recording device to work may even be against a company policy. Think about R&D departments, trade secrets, legal documents, the eleven secret herbs and spices in the Colonel’s chicken. Some companies are even banning cell phones with cameras from their property.
A few years back some guy who worked for Microsoft took a picture of some boxes at work & posted it on his blog. Guess what? He was almost instantaneously fired. If Bill Gates could have appeared before him in a puff of smoke to do the firing himself, I wouldn’t be surprised.
Companies are competing on a global basis. They take this stuff seriously, yo.
When you know you’re going to be laid off, you really only have two choices:
• Ride it out (if it’s worth your while – think retention bonus)
• Polish up your resume and start looking for a new job
Don’t try to make a lay off about YOU. It’s not about you. It’s about money, honey. Cut your losses and go find your own green…elsewhere.
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HR Wench Jenn Barnes has worked in Human Resources since 2001 and loves to hate it. Feel free to email your HR questions to: hrwench at gmail dot com. She’s one of three Partners at HRM Today, LLC. Check them out at http://hrmtoday.com.