Tracey S. Bernstein, Esq

IS HR YOUR FRIEND? NO!

Yet, time and time again employees place too much trust in Human Resource (“HR”) personnel only to learn at a later time that it was a mistake to do so. When you have to deal with HR you must always keep in mind that its primary functions are to (a) acquire, utilize and dispose of […]

HOW TO RESPOND TO A WRITTEN PERFORMANCE WARNING

Performance warnings are a commonly used tool by employers to achieve one of several objectives: (i) to motivate an employee to improve; (ii) to justify a termination; (iii) to set up a termination to mask illegal actions; (iv) to retaliate against an employee who has alleged wrongdoing by the company or a manager; and/or (v) […]

WHAT TO DO IF YOUR MANAGER VIOLATES COMPANY POLICY

What to do if you witness wrongdoing by your manager or other senior employee is always a problem for employees.  Assurances in the company handbook or from Human Resource representatives that you will not be retaliated against for reporting improper conduct are not often honored.  There is also the chance that you are in error […]

WORK EMAIL PRIVACY

An employee has no “right of privacy” in communications made using their company email address.  This also would apply to employees’ communications with their attorney.  Such communications, if made utilizing your work email or work computer system, are not protected by the attorney-client privilege. This highlights the dangers involved when employees use their office email […]

OFFICE EMAIL: DON’Ts

Sending emails at work is a time saving tool.  However, email has become so commonplace as a mode of communication in our society that people are losing there jobs because they forget it is a written record of your thoughts, feelings and actions.   First, and most obvious, don’t ever use your work email address for personal communications […]

OFFICE EMAIL: DOs

For the very reason that email can be very dangerous to an employee who uses it frivolously, it can be equally beneficial to an employee who uses it wisely.  Use an email as confirmation of agreements you reach about compensation or promotion.  Use an email to confirm positive feedback about your performance.  Use an email to […]

HOW TO REPORT MANAGERIAL MISCONDUCT

With very few exceptions, employees should report managerial misconduct in writing.  The complaint should be sent to Human Resources (depending on the relationship of your manager’s boss you may consider copying that person as well).  The complaint should be sent by email so there is proof of when and to whom it was sent.  The […]

HOW TO DEAL WITH HR

As an employee there will be occasions where you will have to interact with the company’s Human Resource (“HR”) personnel.  It is unavoidable.  But if you have to deal with HR on matters that go beyond simple questions about your benefit plans or company policy regarding vacations and sick leave you should keep in mind […]

DATING IN THE WORKPLACE

The workplace still remains one of the primary ways in which people develop romantic relationships.  Given the number of hours spent at work and the close working quarters with possible partners, it would be hard not to develop such relationships.  However, it is really not a good idea. Even in the best of times, the […]

WHEN TO TELL YOUR EMPLOYER YOU’RE PREGNANT

For the majority of women, finding out they are pregnant will be one of them most exhilarating and fulfilling moments of their lives.  If you are employed, however, your excitement may be tempered by your concern about how your pregnancy will impact your job security.   This begs the question: When is the best time to […]