Tactics Provide An Advantage

You Must have A Strategic Workplace Advantage

Tactics provide an advantage. This is the fifth installment in our "Learn What To Do If The Employer Is Setting You Up For Termination" series.

In the last installment I shared some techniques employees can use against the employers termination attack plan.

In this article I will reveal strategies that will give the target for termination a greater advantage of defense. The following is a real world example of "strategic advantage". After several failed attempts to terminate me the employer decided the next plan of attack was to violate my (ADAAA) Americans with Disabilities Act Amendment Act rights.

Unfortunately for the employer they were unaware of the extensive research I had done previously concerning the ADAAA. The manager informed me that the ADAAA coordinator in HR wanted to "test" how I consistently lifted and moved certain boxes weighing a specific amount.

The employers' intended "trap" was to prove I was lifting, carrying and moving materials that were beyond the weight range recommended by my spinal specialist.

Tactics Provide An Advantage

Thus, they hoped to retract the ADAAA accommodation for certain essential job functions. This even though the employer had under ADAAA guidelines "regarded" me as having a physical impairment for over 5 years.

At the time of the ADAAA "test" the manager in question stated in the presence of co-workers, the ADA coordinator and myself he had taken several boxes from the department offsite and weighed them. He stated each box weighed between 30 and 50 pounds.

My ADAAA accommodation had a weight restriction of 20 pounds. The employer had the specific medical documentation from my healthcare provider justifying the accommodation.

Here's where the employer trapped itself. I demonstrated how I consistently used leveraging techniques that allowed me to lift, pull, carry or move materials. This allowed me to perform the essential functions of the job.

I asked the manager where he obtained the boxes he took offsite to weigh since all the boxes used in the department only weighed between 15-20 pound!! Also, the weight is clearly marked on each box! Why would he need to take several boxes "offsite" to be weighed??!!??

Tactics Provide An Advantage

His response was there must have been a "problem somewhere" or something "wrong" with the device he used to "weigh" the boxes. Here's what strengthened my strategic advantage gained from this incident:

1) My rock solid medical documentation

2) Learning what my ADAAA rights were BEFORE the employers attempted attack

3) I conveniently timed it for witnesses (co-workers) to be present

4) The employers" strong appearance of "bad faith" intent

My co-worker witnesses in the same job classification wondered what boxes the manager was talking about since they also used the same materials I did. The greatest advantage for me in sabotaging the employers' termination plan was the "test" blowing up with the employers' HR ADAAA coordinator present.

The ADAAA coordinator had no comment and had relied on the representations of the manager. The employers' own ADAAA expert could have potentially been a witness for me in the event of a lawsuit. Immediately afterward I contacted the EEOC providing them fully documented details of my employers' latest attempt to violate my employee rights.

Tactics Provide An Advantage

Typically, employers will regroup for a new plan of attack and mine was no different. However, this takes time which the target for termination can and should use to his/her advantage.

Gaining a strategic advantage against your employers' termination plan simply means...

A. Have an effective response to the employers attack
This response must be rooted in education and awareness concerning the specific area of employee rights your boss wants to exploit. This empowers you to go on the offensive.

B. Take away the employers momentum
In the example above the wisdom of the ADAAA knowledge gained took away my employers illusion of being "all powerful" which brought their attack to a halt. It also exposed "bad faith" intent when the so called "test" was proven to be bogus.

C. Seize the momentum with an effective response
Again using my example, I provided the EEOC with rock solid documentation immediately after the incident. There was no way my employer could dispute or refute the outcome of its' OWN "test".

D. Watch, wait and respond quickly and effectively
Employers vary in the level of competence or incompetence concerning termination attack plans. Sometimes after a failed attack they will blunder into other poorly planned, ill timed or petty attacks against you.

Tactics Provide An Advantage

When they do make sure you fully document all evidence including witnesses. Most employers assume employees are ignorant of their basic employee rights. This unfortunately is true. That's why they routinely violate your workplace protections.

Keep them off balance and on the defensive by filing legitimate fully documented and rock solid complaints with your state Human Rights Commission or equivalent and the EEOC for each new attack. As always these steps will be more effective by consulting a qualified attorney for guidance.

At the core of these "How To Tactics That Will Give You An Advantage" is the powerful weapon of credible, rock solid, truthful and relevant documentation supporting your defense or offense against the employers' attacks.

If your employment is truly important to you and your family there's no way around fighting for it. If the boss has unjustly declared war against you the strategies mentioned on this page will benefit you. Make sure the strategic advantage is yours.

Tactics Provide An Advantage

The 6th Installment:

"How To React To Your Boss's Moves And Plan of Attack"

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Along with this "Tactics Provide An Advantage" page, my new sites provides the MOST current changes affecting career seekers and employees. Also, inside tips and tricks from real world situations.

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