During the past 17 years of being in this practice of working with several thousand clients and helping them in their careers navigating through various encounters of employment matters I have kept a list of items that appear most frequently in our sessions. Although I am not a lawyer and not qualified to render advice on legal aspects of employment matters I am writing this blog to disabuse some commonly encountered issues that clients get concerned about or make the wrong call in how they decide what they must do to move forward, take action, or wonder about the implications of their actions in employment matters.

So, after reading this list of myths that I have compiled from my own experience, feel free to see an employment lawyer if you are still not sure about the choices you want to make:

1. Two weeks’ notice: This is one of those myths that people get tangled in when quitting their job. In some cases I have encountered the abuse my clients encountered was so egregious that turning in your resignation and walking out immediately afterwards was the only way to show your employer the treatment they accorded you.

   In one such case my client was so stressed by how his boss was treating him that he had a heart attack at work and was hauled out on a gurney by emergency medical team, right in front of all his co-workers and his boss to see, to the ICU of a nearby hospital. My client was stabilized within hours and he bravely returned to work the next day. Upon his return the only comment his boss made to him was: I know you left yesterday without telling anyone, so make sure that you do not charge this time to this company.

   When this client and his wife came to see me that evening I told him to quit his job and walk out. He wanted to give them two weeks’ notice! Remember, most employments (in the US) are “at will,” which means either party can terminate the arrangement and end the relationship instantly!

2. Bonus refund: Companies routinely offer sign-on bonuses. In some agreements employees are asked to return the entire sign-on bonus if they quit the job before the stipulated date. This is not always automatic, despite what the agreement may say. You may get to keep the sign-on bonus depending on how the agreement is written. Try using the default option of keeping the bonus and seeing what they do. In the case of one client, who left after being at a company for nine months (stipulation was 12) we decided to just keep the bonus and the company did not take any action. Consult a lawyer if you need to.
3. Timely promotions: This is yet another misconception many have of automatically getting promoted after being at a job for a certain period of time. There is no rule that requires an employer to promote you merely based on the length of your service. Some union contracts and government agencies have these tenure-based promotions, but even there, performance is what typically drives promotional considerations.
4. Annual raises: This, too, is a myth. Many believe that their employer must give them Cost of Living Allowance (COLA) and automatically give them a raise to accommodate economic conditions. Raises are given based on your and your company’s performance and other considerations.
5. Reneging: Sometimes, after accepting a job offer and agreeing to a start date a better offer can come from another employer. You may decide that you made the wrong (or bad) choice after further investigation about the job, etc. In such cases it is acceptable to call the employer and withdraw your acceptance of you offer. Remember, “employment at will” condition applies from the time you accept your employment until you leave that employer, even before starting your employment.
6. Internal promotion: Sometimes your boss stops you from leaving your workgroup if you find a better opportunity in another workgroup. In many companies this is prohibited by the policies in place. So, if you see your boss interfering with your desire to transfer out make sure you know the rules of the company’s policies. Consult your HR representative.
7. “Demotion”: This, too, is normal. There is nothing that prevents a company from re-assigning you to a role that it considers more appropriate. This also falls under “at-will employment.”
8. Change of benefits: Employers can change their benefit offerings without justification. Benefits are not an entitlement in an employment agreement. But, once they are offered the employer must honor them until they are revoked.
9. Salary disparities: It is not uncommon for a person with more seniority to be making less than someone who is not. How a company decides to place value on the skills of a particular employee and how to properly compensate for that skill is within the rights of how a company can do this. It can create a problem when two or more “equal” employees are paid differently and discrimination can be proved.
10. Termination pay: Most companies have policies that govern the termination pay given to employees who are discharged or laid-off. As long as the company sticks to those policies and does not discriminate there is no cause for action if you are not paid what you think is fair for all the work and time you put into your employment at that company.

These are just few of the most commonly encountered employment issues I deal with when clients call me about their treatment by their employer. Once again, my advice is not based on any legal precedents or statutes; it is merely what I have experienced in my coaching practice throughout these 17 years. Also, every geography has its own local laws on employment, so before you take any legal action consult a trained professional to ensure that you are getting the right and best legal advice to protect you and your career.

Good luck!