vav zayyyyyyin

1. if you get the “answer my call” text, NEVER ANSWER THE CALL. 

They are calling you because they want to have the conversation verbally, and be able to lie later about what they said or didn’t say. Force them to continue via text or email- force them to continue the conversation in writing or not at all. 

2. “Lack of 2 weeks notice is unprofessional!” or the other version, “Not providing notice is illegal!”

No it isn’t. Neither is true. 

And in the US, all states except Montana are “at will” employment (though you may hear an employer refer to it as “right to work” to make it sound better, it’s the same thing). Sure, at-will employment means they can fire you without cause, BUT! It also means that you are not legally required to give a reason for quitting, or to give notice of any kind. 

Is it polite to give notice when you can? Sure. Do bosses expect it? Absolutely. But that does not make you legally required to provide it. 

3. The only thing I would change in the worker’s interaction here was their response when initially asked to come in. 

Employee: “Hey Mark. Sorry I’m unable to cover the shift tonight because I’m studying for my exam tomorrow.” 

Don’t give a reason for your lack of availability. It may be tempting to. You may feel rude if you don’t. 

DON’T DO IT.

You do not owe your boss any information about what you do off the clock, and any reason you give will only ever be used against you. 

Boss: “Hey I need you to cover Jasper’s shift tonight.”

Employee: “Sorry, I’m not available.”

And leave it at that. 

Do not elaborate. 

Do not offer additional information. 

When you boss asks you to elaborate, because they will, be polite but firm. “With respect, that’s personal. I’m sorry, but I’m unavailable to cover this shift/work late/come in early/etc.”

Be a broken record- you’re unavailable. That’s the only information they need to know, and it’s the only information they have a LEGAL RIGHT to know. 

"We'll fire you if you tell others how much you're making" The National Labor Relations Act of 1935 specifically protects employees who discuss their own wages with each other (you can't reveal someone else's wages if you were given that information in the course of work, but you can always discuss your own or any that were revealed to you outside of work duties)

"If we can't fire you for [discussing wages/seeking reasonable accommodation/filing a discrimination complaint/etc], we'll just fire you for something else the next day." This is called pretextual termination, and it offers your employer almost no protection; if you are terminated shortly after taking a protected action such as wage discussion, complaints to regulatory agencies, or seeking a reasonable accommodation, you can force the burden onto your employer to prove that the termination wasn't retaliatory.

"Disparaging the company on social media is grounds for termination" Your right to discuss workplace conditions, compensation, and collective action carries over to online spaces, even public ones. If your employer says you aren't allowed to disparage the company online or discuss it at all, their social media policy is illegal. However, they can forbid releasing information that they're obligated to keep confidential such as personnel records, business plans, and customer information, so exercise care.

"If you unionize, we'll just shut this branch down and lay everyone off" Threatening to take action against a group that unionizes is illegal, full stop. If a company were to actually shut down a branch for unionizing, they would be fined very heavily by the NLRB and be opening themselves up to a class-action lawsuit by the former employees.

"We can have any rule we want, it's only illegal if we actually enforce it" Any workplace policy or rule that has a "chilling effect" on employees' willingness to exercise their rights is illegal, even if the employer never follows through on any of their threats.

"If you [protected action], we'll make sure you never work in this industry/city/etc again." Blacklisting of any kind is illegal in half the states in the US, and deliberately sabotaging someone's job search in retaliation for a protected action is illegal everywhere in the US.

"Step out of line and you can kiss your retirement fund/last paycheck goodbye." Your employer can never refuse to give you your paycheck, even if you've been fired. Nor can they keep money that you invested in a retirement savings account, and they can only claw back the money they invested in the retirement account under very specific circumstances.

"We'll fire you if you tell others how much you're making" The National Labor Relations Act of 1935 specifically protects employees who discuss their own wages with each other (you can't reveal someone else's wages if you were given that information in the course of work, but you can always discuss your own or any that were revealed to you outside of work duties)

"If we can't fire you for [discussing wages/seeking reasonable accommodation/filing a discrimination complaint/etc], we'll just fire you for something else the next day." This is called pretextual termination, and it offers your employer almost no protection; if you are terminated shortly after taking a protected action such as wage discussion, complaints to regulatory agencies, or seeking a reasonable accommodation, you can force the burden onto your employer to prove that the termination wasn't retaliatory.

"Disparaging the company on social media is grounds for termination" Your right to discuss workplace conditions, compensation, and collective action carries over to online spaces, even public ones. If your employer says you aren't allowed to disparage the company online or discuss it at all, their social media policy is illegal. However, they can forbid releasing information that they're obligated to keep confidential such as personnel records, business plans, and customer information, so exercise care.

"If you unionize, we'll just shut this branch down and lay everyone off" Threatening to take action against a group that unionizes is illegal, full stop. If a company were to actually shut down a branch for unionizing, they would be fined very heavily by the NLRB and be opening themselves up to a class-action lawsuit by the former employees.

"We can have any rule we want, it's only illegal if we actually enforce it" Any workplace policy or rule that has a "chilling effect" on employees' willingness to exercise their rights is illegal, even if the employer never follows through on any of their threats.

"If you [protected action], we'll make sure you never work in this industry/city/etc again." Blacklisting of any kind is illegal in half the states in the US, and deliberately sabotaging someone's job search in retaliation for a protected action is illegal everywhere in the US.

"Step out of line and you can kiss your retirement fund/last paycheck goodbye." Your employer can never refuse to give you your paycheck, even if you've been fired. Nor can they keep money that you invested in a retirement savings account, and they can only claw back the money they invested in the retirement account under very specific circumstances.

apparently clouded leopards can use their claws to hang upside down