OT: Lawyers of the Boneyard: Employee-Employer Problems

[Rocktheworld]

How many hours a week is she working? Is she paid hourly with OT kicker or salaried? How was her last review?

Her last review was great, again, they love her. She is full time salaried, often works beyond the clock without OT

 

[B1GEast]

This is a good situation to be in. She holds all the leverage. If she’s asked for a promotion/raise but didn’t get one, then force them to give her one. Start looking for another job (which she also now has a lot of interesting and relevant talking points during interviews). Her company will then realize it’ll cost much more to replace her than promote her, and ideally they’d do the smart/right thing. But sounds like this company doesn’t fully value their employees and she might as well jump ship to another anyways.

Obviously an oversimplification and a lot more factors go into it, but it’s essentially what I would do in that situation. As one of the UConn accounting professors used to say, never say no to your money.

Knowledge power is one of the least understood forms of power as far as knowing how to leverage it in the corporate world.

If you understand a unique function or have a skill set that is vital to your position or the company, you can indeed exploit that significantly to your advantage until the company can find a suitable alternative which can be a long time or never if a process is truly unique. How many people know Fortran or Cobalt programming?

 

[2014DualCs]

Might be very naive of me to say, but I would outright say she worked as "x" on her resume and to prospective employers. If she's actively fulfilling all the job responsibilities of that higher position, whose to say she's not a, for example, Director of Finance vs. Financial Analyst? When getting interviewed and questioned on this, she should be able to easily explain all the job responsibilities that made her a "Director of Finance."

Tell her to keep records of the job posting, and its relative job responsibilities, to allow her the chance to show that she indeed was that position without officially being named that by the company/within HR (in case prospective employers call her previous employer).

In terms of the immediate question at hand, I would lean towards the employer screwing her over as she's helping their bottom line. A little leverage would go a long way!

GL

 

[Waquoit]

Congratulations

I realize I've been brusque here but I was having unpleasant flashbacks of all the times I've heard similar stories. Couple times being stuck next to a guy at the pub going on and on. I had a friend make a stink (granted >20 years ago) and they canned his ass. Like others have said, unless there's a union involved, chances are gentle persuasion is the best bet, imo. That and incorporate the new duties into the new resume.

 

[husky429]

No she is literally doing a different role at this point. She submitted an entire comparison between her official title and its responsibilities, and the title and responsibilities she’s actually been doing. Her direct leadership designated her as the role she knows she’s been doing in a meeting with a client. They are having her perform a job and paying her about 30-40k less than they should.

Update that resume with all the new duties and start searching for a job that has those roles. Job descriptions aren't contracts--just guidelines for hiring.