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Getting Company Owners To Follow Their Own Rules?

techmage writes "Recently we had an issue at our small company that resulted in the loss of a lot of important data. To prevent it from happening again, we created a company-wide policy that all computers would return to IT to have their contents backed up, and the computers would be formatted and reloaded for the next user. Consistently the owners of the company break this and other policies we set up to prevent data loss, theft, etc. How do I get through to the bosses that when they break with the policies, they are potentially shooting the company in the foot?"

47 of 387 comments (clear)

  1. Explain what can happen by munrom · · Score: 5, Insightful

    Explain the risks, if they choose to ignore it document that they have not returned the laptop to be backed up so that they can't try and blame you if it goes wrong and data loss does occur.

    1. Re:Explain what can happen by Fujisawa+Sensei · · Score: 4, Insightful

      Explain the risks, if they choose to ignore it document that they have not returned the laptop to be backed up so that they can't try and blame you if it goes wrong and data loss does occur.

      Have no fear, I have an asshole cousin who used to own a company. Anytime something went wrong he made sure to blame somebody else.

      So it doesn't matter what you document, or how hard you try convince them that you're trying to protect their company; if something goes wrong, you're probably fucked. But keep those notes as due diligence, in case they really try to screw you for their fuckups. And keep your resume up to date.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    2. Re:Explain what can happen by PitaBred · · Score: 4, Insightful

      If you have that stuff documented, they can't screw you out of unemployment.

    3. Re:Explain what can happen by dangitman · · Score: 4, Insightful

      If you have that stuff documented, they can't screw you out of unemployment.

      Wanna bet?

      --
      ... and then they built the supercollider.
    4. Re:Explain what can happen by RobertM1968 · · Score: 4, Insightful

      If you have that stuff documented, they can't screw you out of unemployment.

      Sure they can... even if one is perfect, I am sure there are citable reasons one would have trouble defending against in an unemployment benefits battle. And if the person is not perfect, well, then, there's grounds for termination without unemployment. "Gee, that's the third time you were late... I dont care that it was only 37 seconds, or only the 3rd time in 10 years... the employee rules state that on the 3rd time, we can terminate you. This has nothing to do with that whole lost data fiasco that you documented was my fault."

      Seen it happen. Fortunately never to me... though, I also never filed for unemployment...

    5. Re:Explain what can happen by hairyfeet · · Score: 4, Insightful

      Yep you gotta CYA, sometimes you even have to go over their heads but it is a risky move. I have a story that illustrates the point. Many years ago after all those worms were going around I had lunch with my admin buddy Glenn, just swapping stories and about died laughing whe he told me this one:

      He had a PHB middle manager threaten to fire him, so he had to go over the guy's head. So the regional boss calls them both in to explain their sides to the story, and the PHB goes "He has NO RIGHT to tell me who I am allowed to speak to! He is blocking my emails from Melissa and refusing to let me have them! He should be fired for insubordination!"

      Lucky for Glenn the regional head actually read tech journals and knew what Melissa was. He turned to Glenn and said "Is he actually talking about the bug going around?" when Glenn said yes he rolled his eyes and said "Glenn is doing his job and actually protecting this company. There is NO "Melissa" it is a computer bug that spreads through networks and makes a mess, which I'm sure Glenn tried to explain if you weren't busy having a fit. From now on when Glenn says no that is FINAL, got it?" and then he had his secretary send Glenn a free steak dinner for two for having to put up with "that ass" as he put it.

      So yeah I would CYA, but if it is truly a dangerous situation he may have to look at going over a head or two. A lot of the time the middle managers act like little gods because the higher ups don't know what kind of stupidity they are pulling, and as long as he is polite and points out the financial risks this person/persons are causing the company he may be able to turn a bad situation to his advantage. Glenn said he later got a raise and more power because the regional head pointed out how valuable it was to have a network admin that put the company before the dangerous requests of the PHBs. In the end it all comes down to money, and by showing that this person is putting actual $$$ at risk he might be able to turn this to his favor.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    6. Re:Explain what can happen by afidel · · Score: 4, Interesting

      Meh, only 5% of unemployment cases get denied due to misconduct discharges. Misconduct is
      Generally "misconduct" involves an act of willful disregard of the employer's interests or a deliberate violation of the employer's rules or an intentional and substantial disregard of the employee's duty to the employer.

      If you subpoena the employers timekeeping records and they only show you being late 3 times in 10 years then their appeal of your benefits will get denied.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    7. Re:Explain what can happen by HeronBlademaster · · Score: 4, Insightful

      suing to get your job back

      I've never understood that concept. If your employer fired you, why would you want to continue to work for them? I know you might need the money or something, but surely the fact that they fired you would create a less than ideal workplace environment, if not an outright hostile environment? Especially if "get your job back" involves working for the same manager...

      I am speaking from experience here, to a degree. My manager fired me (literally because I insisted I be allowed to clean up code incidental to my bugfixes), but his boss overrode the firing and gave me control of IT instead. It was not exactly pleasant having to continue to interact with the former manager - and even though the manager later admitted to his boss that he was wrong to have fired me, he refused to admit it to me, and of course that meant he was unwilling to do anything to improve the work environment as it related to the interaction between our jobs.

      What I'm getting at is that if I ever find myself in a similar situation again, I do not believe I would attempt to force the company to continue employing me, because I do not believe I could tolerate the resulting poor work environment.

      Does anyone have any insight on this? Anyone ever been through this before? How did it work out?

    8. Re:Explain what can happen by Xest · · Score: 3, Insightful

      I'm not sure about elsewhere, but in the UK, you'd have good grounds for an employment tribunal. Specifically you'd be looking for an unfair dismissal (if sacked) or constructive dismissal (if you were forced to quite) case. For what it's worth, most companies don't even seem to bother fighting these now if they are in fact justified, purely because they have come to accept that you can't treat employees like that. They will most likely just settle with you if you find yourself in this situation.

      Companies can't just sack people, and even making up excuses doesn't work for them if the employee chooses to fight it. They have to be able to justify why you were sacked, whilst you're right that being late 3 times may be justification, it is not justification if others have also been late 3 times and yet only you have been sacked. If you had been late 3 times, constantly under-performend and so forth then they could again justify this, but they would need to prove you've under-performed, this might include bringing up past appraisals and so forth, but this is why it's a good idea to make sure you agree with your appraisal outcomes.

      The key is that the company has to be able to show that you were worse than other employees, and that if you were worse, it's not because you'd been treated differently and set up to fail.

      I believe the US has slightly less employee protections than this, but this is certainly the case in Europe. Whilst someone whose hated by the whole company can be sacked, employees here have a lot of protection against bad bosses who would sack them out of sheer malice or incompetence. If anyone is wondering why we have such laws, it's because we don't want unemployment stats and unemployment benefit costs raised unnecessarily by having people perfectly able and competent enough to do the job sacked unfairly.

      Regardless though, if you are in such a situation, and taking the matter to a higher level of management if one exists doesn't solve it, then you're better off going elsewhere anyway, because although they may not be able to get rid of you, they can at least kill off your career by preventing you getting promotions and payrises although even that's subject to some protections if everyone else gets a rise, or the interviews for promotion were carried out in a provably unfair manner for example.

    9. Re:Explain what can happen by EricWright · · Score: 3, Informative

      I believe the US has slightly less employee protections than this

      Interesting definition of that word. In the US it depends on which state and whether or not unions are involved. If you live in a "work at will" state and are not unionized, you can lose your job for any reason at all, including "we just don't want to pay you any more". This is justified by the claim that you are free to leave whenever you'd like as well.

      Even when I was a contract worker, the company reserved the right to terminate the contract with 1 week paid notice. My options were limited to take it (with no modifications to the contract) or leave it (we have other candidates who want the job).

    10. Re:Explain what can happen by Antique+Geekmeister · · Score: 5, Informative

      Oh, dear, yes. The "unemployment ballet" is nasty. A professional bureaucrat that wants to fire you will record every misstep, collect them into a file, give you a "warning" and a "recovery plan", then do everything bureaucratically possible to poison your work. Simple shock and disbelief at how ridiculous the recorded "violations" are will not save you. You need a thick folder with documented mis-steps, preferably by the bureaucrat trying to fire you, with it all documented. Sign _nothing_ that admits wrong-doing if you can avoid it: make sure that you have counterletters recorded, and get copies of everything.

      And start looking for new work if this is going on. I've had this happen, where a senior supervisor blamed the engineers for his laptop problems when he absolutely refused to swap it or surrender it for recovery, always had his disk overflowing, refused to patch, etc. He just wanted us to "fix it!" when it broke.

    11. Re:Explain what can happen by BarryJacobsen · · Score: 4, Funny

      I didn't realise the US job market was quite that "flexible".

      That's why we have such a strong economy - we care more about the people that make up the businesses than the business itself.

    12. Re:Explain what can happen by JWSmythe · · Score: 3, Interesting

          Paper trail. It's the most important thing to remember. Tape recordings are fine and dandy, if you don't mind spooling through hours of tape to try to find one conversation, which may or may not be legal where you are. Sometimes it takes one person being aware that a recording is being made. Sometimes it requires both parties.

          If you document every request and response, even if it's just email, then you have a record of what's been happening. Don't say anything, because it's left to the witnesses to testify to what they heard. Even if you have a tape recording saying one thing, they could simply say "But I told him something contrary in a later conversation."

          Be consistent with your paper trail too. Ask for every request to be made via email, or after a conversation ask, "can you please send that to me in an email?" Besides saving you in future proceedings, it will also help you document other things that happened. "Do you remember when we made this change?" "Sure, it's in my email. December 4th 2001, you requested it, and December 5th 2001 I finished it.

          Keep your paper trail off site somewhere, that you have exclusive access to, like your home computer.

          It may be advantageous to have a policy for retention. If you get called into court years later regarding an incident, no matter how innocent it seemed at the time, you may simply be lacking the trail. "No, I only retain those documents for 2 years. I have no records related to your case." Be honest though. If you say you don't have it, but your equipment is subpoenaed and it's found, then you're in trouble.

      --
      Serious? Seriousness is well above my pay grade.
    13. Re:Explain what can happen by JWSmythe · · Score: 3, Interesting

          There's really nothing to keep an employer from being vindictive. Sure, go back to court and say They aren't playing nice with me." If a company really felt they had to keep you, they may just do something like open a site in the Antarctic, with just one machine and one employee, and you would be in charge of the site.

          It's not like that ever happens though.

          Hey, it'd be a high seniority position. Site manager is much more important that code monkey, right? :) Of course, it's a long walk home after they notify you that they've decided to terminate services there. "Promotions" aren't always what they seem.

          I was reading about someone who did win the case against their employer. They were given a very nice office, a big title, and a secretary. They had absolutely no responsibilities, and no work to do. He was being paid to warm his chair from 9am to 5pm. He did that for a decade, and admitted that he was bored out of his skull. They didn't like him working there, but didn't want to end up in court again if they tried to terminate him again. Because the level of distrust was there, they couldn't assign him any work.

      --
      Serious? Seriousness is well above my pay grade.
  2. meh, keep it simple by FooAtWFU · · Score: 5, Insightful

    I'd ask anyone who routinely overrides your authority in the data-protection sphere to sign a form indicating something to the effect that they've been informed of these policies and the potential risks and if it all comes crashing down because they don't listen to you, it's not your fault.

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
    1. Re:meh, keep it simple by Anonymous Coward · · Score: 4, Funny

      If that doesn't work, use a reverse analogy, and actually shoot them in the foot.

    2. Re:meh, keep it simple by pclminion · · Score: 3, Insightful

      Sure, I'll sign a form for you, it's called a Release of Employment.

    3. Re:meh, keep it simple by Fujisawa+Sensei · · Score: 5, Insightful

      I'd ask anyone who routinely overrides your authority in the data-protection sphere to sign a form indicating something to the effect that they've been informed of these policies and the potential risks and if it all comes crashing down because they don't listen to you, it's not your fault.

      If they have the authority to routinely ignore / override your security policies, they don't have to sign the fucking form either.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    4. Re:meh, keep it simple by Cyner · · Score: 4, Insightful

      If you honestly work at a business where the boss both ignores your expert opinion and refuses to acknowledge their contempt for business continuity planning, you should probably be looking for employment elsewhere. You're never going anywhere in that business environment, and the business itself is likely never going anywhere positive either. Unemployment sucks (and I've been there), but a dead-end job can be worse (stress in the short-term, and employability in the long term).

      --
      FreeBSD.org - The power to serve
  3. Who signs the checks? by ghetto2ivy · · Score: 5, Insightful

    If they do -- shut up and work around it.

    1. Re:Who signs the checks? by Captain+Splendid · · Score: 4, Insightful

      Parent wins the thread. Hack their laptops, and script the fuckers the back themselves up. Sheesh.

      --
      Linux, you magnificent bastard, I read the fucking manual!
  4. I don't get it... by HockeyPuck · · Score: 4, Interesting

    So you're going to take my laptop, back it up, reload it and give it to the next guy? I in turn will get someone else's formatted laptop?

    Or are you just trying to say, "we lost a lot of data when someone's laptop failed without proper backup processes in place. So we've decided that everyone needs to regularly connect to the company network and back up their laptop. The owner's of the company never back up their laptop"?

  5. You don't by Anonymous Coward · · Score: 4, Insightful

    Quite simply, you don't. I've worked at large banks that do not follow their own rules. IT cannot drive policy if C level executives do not want to follow the policy. If you can get auditors or examiners to force the policy to be followed, then it can work. Otherwise, IT cannot do anything. They will only be seen as chicken little and IT will lose what little standing they have at the company already.

  6. Don't be a dumb ass by oldhack · · Score: 3, Insightful

    They who have the gold make the rule.

    Your responsibility is to recommend and record your recommendation, and do your job as you can.

    In the end, it is "their" company, not yours. It's the way of capitalism. You don't like that? Change your job.

    For what it's worth, I didn't mean any of this in sarcastic/offensive way. I am being sincere.

    Flip it around and see how you would see things if you were the owner.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    1. Re:Don't be a dumb ass by aeoo · · Score: 3, Interesting

      This whole "flip it around" idiom doesn't work well for me. I am a very unusual person. I know if I was an owner, I wouldn't be an ass, I would not only accept criticism, but would solicit it. I would make sure that if the policy doesn't work for me, then it can't work for anyone, but if it works for others, it better work for me too. In other words, if having my computer backed up is too onerous for me, I would assume it was also too onerous for my employees. On the other hand, if something is not a big imposition and has good benefits, I expect everyone, including myself, to follow it. I would basically eat my own dog food.

      Since I am a great person, unlike most business owners, saying "flip it around" just doesn't work for me. I know that if an employee came up to me and criticized me, it wouldn't be a career ending move. But that's just me.

  7. Assign it a cost by hedronist · · Score: 4, Interesting

    See if you can assign a value to the data already lost because of their failure to follow the rules. We did a variation of this at Xerox ASD in the 70's and locked Charles Simonyi (yes, that Charles) out of "his" own source code.

    1. Re:Assign it a cost by Tablizer · · Score: 5, Funny

      It put Xerox behind and prevented them from releasing the GUI in 1977, delaying the computer industry and the would-be 2008 CAD design of the first practical flying car. Remember that anal stunt the next time you are stuck in traffic.

    2. Re:Assign it a cost by haruharaharu · · Score: 4, Insightful

      You know the knobs driving around your city right now with one hand on the wheel and a cellphone in the other? Imagine them in the air...

      --
      Reboot macht Frei.
  8. Figure a better way by Farmer+Pete · · Score: 4, Insightful

    It's funny, every year we prepare for auditors, and all we have to do is show them that we have a policy, not that we actually follow the policy. It's really quite hilarious and yet sad at the same time. For instance, we have to show them that we are doing scans of our network looking for vulnerabilities, but all they want is a log with someones name and a date on it. They don't care what was found or that anything was done with the information that we found. They could care less. The sad thing is, the company doing the audit is a very large company. The truth is that most management could care less about policies. Password complexity? Sure, just don't assign it to the management. Screensaver locks after 10 minutes? There better be an exceptions group for the CEO and her secretary. It's really quite sickening really. It's amazing what you can get people to do for you when you're the network admin's boss' boss' boss.

  9. Remote Backup by Bios_Hakr · · Score: 3, Interesting

    Use the admin account (and shares; $C, $D, etc...) to map their hard drive remotely to a computer in the networking office. Then, use RSYNC (or SyncToy) to mirror the drive remotely. Once the initial backup is complete, daily or weekly jobs will progress quickly.

    You really have to find a way to work around the guys who are in charge.

    If you want to be a bit more nefarious, start the backup jobs first thing in the morning. When the boss complains his system is slow, do a backup/format/reinstall on his system. Now his system is magically fast again...

    --
    I'd rather you do it wrong, than for me to have to do it at all.
  10. You've already failed. by Chas · · Score: 5, Insightful

    You've created a policy and don't have the owner-level execs onboard?

    That's failure #1 right there. Good policy making for security purposes isn't "And IT saith THUS!". Operating in this kind of vacuum gets your enforcement NO PLACE. Fast!

    You have to involve these people pretty much from the get-go. This way they understand why the policy is in place and have less self-provided incentive to circumvent it.

    And yes, as others have said, a small amount of "horror story" can go a long way too. But only DURING the policy creation process. Afterwards, they look at it as simple justification of an arbitrary policy.

    Right now you guys haven't got a leg to stand on.

    --


    Chas - The one, the only.
    THANK GOD!!!
  11. Pretty much the best way by Sycraft-fu · · Score: 4, Insightful

    I mean you can't make the owners do anything. They own it, it is theirs to do with as they please. They could close up shop tomorrow for no reason if they wanted. So you can't force them to do as they should. Likewise, nagging them could be a bad career move. So the best thing is a CYA. Have something that says they understand the risks of not following the policy more or less. Then, if shit does break you should be covered. They'll either realize that they made a mistake and be fine, or they'll come looking to blame you and you can pull out the document and say "We made sure to inform you of the risks and you signed off saying you understood them and that it was up to you if you chose not to follow them."

    That's the best you can do.

    1. Re:Pretty much the best way by Anonymous Coward · · Score: 3, Insightful

      Meanwhile, back in the real world:

      Owner : IT Guy IT Guy, my data is gone! Save me
      IT Guy : Well here we have this release I made you sign last month that clearly said that if you lost any data it was your own damn fault.

      Owner : He's a post it with the words "you're fired on it". Now take your arrogant self-righteous ass out of my office.

    2. Re:Pretty much the best way by nine-times · · Score: 4, Informative

      Not only is it true tat you can't make the owners do anything, but it's even very possible that doing the right thing isn't necessarily going to protect you. You could follow very sensible procedures and CYA with all kinds of documentation, and if the owners are petty and childish enough, they might still fire you or at least make your life a living hell.

      That said, I think it's important that you find a way to be very very clear with the owners about what you believe the consequences to their actions will be. Do it in writing if possible. Be polite and respectful, but don't be subtle. The more vague you are, the more likely it is that they'll hear what they want to hear and ignore what they don't want to hear. Be as clear as possible without incurring their wrath. If you have to, be repetitive and say the same exact thing 5 different ways, but make sure that they understand how their bad actions put the future of your company in jeopardy.

      Also understand that they might not like you afterwards. I've known a number of small business owners who were manipulative and petty and they couldn't tolerate anyone pointing out their flaws or telling them they're wrong. If they were willing to let someone else tell them what to do, they would have gotten a job working for someone else instead of running their own business. Even though you're trying to do the right thing, you might be burning bridges. Make sure it's worth it.

    3. Re:Pretty much the best way by TapeCutter · · Score: 5, Insightful

      Rubbing their nose in it with a useless disclaimer is not going to end well. Presumably the policy has been written down, meaning the owners have authorised the policy either explicitly or by delegation, therefore his arse is already covered if HE follows it. You can respectfully remind the owners of their own policy but provided no laws are broken they are free to make and break policy as they see fit, employees do not have the same privlages.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:Pretty much the best way by mcrbids · · Score: 3, Insightful

      They'll either realize that they made a mistake and be fine, or they'll come looking to blame you and you can pull out the document and say "We made sure to inform you of the risks and you signed off saying you understood them and that it was up to you if you chose not to follow them."

      The only thing you'd get out of such a document is protection from them suing you after they fire you! I'd suggest this:

      1) Write an email to them, indicating your concerns about the safety of the data, and how they need to adhere to the protocol in order to protect themselves. Be very nice about it, and indicate that you are confused as to how you should proceed after meeting X...

      2) They'll reply with something or other. Print both emails off, WITH FULL HEADERS included. File those someplace offsite, perhaps at home.

      Why would you need everything signed in triplicate? That's just intimidating, and likely to engender mistrust. These are your bosses! They're nice enough to hire you, provide you with a living wage, and ask you to solve their problems - be nice enough to respect their position and wishes. And even if they are vindictive, you just need enough to show good faith effort on your part.

      In my experience with things legal, the law isn't interested in the fine grains of the contract, they're interested in what you actually agreed to. At least in California, verbal contracts are OK so long as they are substantiated by actions or supporting evidence, and the courts have already ruled that email is sufficient evidence of an agreement/contract, so anything more is just a formality. But if you get all weird on them, it's a good possibility you'll just lose your job.

      Of course, if you are really worried, IANAL, go hire a lawyer, blah blah. But IMHO, if you do, you'll probably just end up fired.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    5. Re:Pretty much the best way by JorDan+Clock · · Score: 4, Insightful

      Or not. Many states are At-Will Employment. The employer can let you go at any time for any reason (aside from illegal discrimination) and in exchange you can leave at any time without repercussions (other than a loss of a positive reference.). IT Guys lawyer would tell him to find a new job instead of paying for legal advice on such a stupid subject.

    6. Re:Pretty much the best way by jabuzz · · Score: 4, Interesting

      The reasonable period is 12 months in the UK, just like the rest of the EU. It's all working time directive related. The Labour government revoked out opt out of the working time directive over a decade ago.

      Also if the employer is deemed to be firing people at say 11 months to avoid this rule they will be done. I am not a lawyer but my brother is an employment tribunal judge, and you do pick up lots over the years.

    7. Re:Pretty much the best way by clodney · · Score: 3, Insightful

      Meanwhile, back in the real world:

      Owner : IT Guy IT Guy, my data is gone! Save me
      IT Guy : Well here we have this release I made you sign last month that clearly said that if you lost any data it was your own damn fault.

      Owner : He's a post it with the words "you're fired on it". Now take your arrogant self-righteous ass out of my office.

      You know what? If it goes down that way, leaving is really your only option. The company is clearly too dysfunctional for you to be happy/successful, so why torture yourself? Move on, and call it a learning experience.

      Life is too short to work in a job that sucks. Yes, being unemployed sucks too, so better to go on terms of your own choosing. But if your boss is determined to be an asshat there is very little you can do to change that.

  12. Reassess your place in the universe, techmage. by victim · · Score: 3, Insightful

    What makes you think the owner's information should be available to you in the IT department?

  13. sociopaths by digsbo · · Score: 3, Insightful

    It has been shown (I can't google the study right now) that people in senior management have a much higher incidence of sociopathic and psychopathic behavior than the general population. If your management insists on rules for others that they don't follow themselves, and consciously flout, they may fall into that group. In that case, keep your resume and interview skills up-to-date.

  14. Re:sign this by BigSlowTarget · · Score: 5, Insightful

    1) Thank you for trying to save me money. Your recommendations are welcome as I'm paying you for your expertise and opinions.

    2) If you're going to try to have me sign something like that I'm going to have a talk with you about bureaucracy and how we can't afford a BS cover your ass mentality in a small company. You may rest assured that if I don't back up and there's a crash there are two possible results: If I'm a bad manager I'm going to come back at you and no little piece of paper will stop me from firing you (though I'd expect you would receive unemployment as it's not really for cause). If I'm a good manager I'm going to write the check to cover the damages, feel foolish and accept your recommendation going forward.

    3) If it's a dumbass relative that thinks they can ignore the rules because they're family working in a family business (and they don't sign the checks) then I expect to see their name (and possibly mine if I'm doing it too) on the report of IT security scofflaws that you periodically (though infrequently) prepare for me.

    In a company controlled by a single or few owners it is reasonable to recommend, cajole, suggest or encourage proper owner behavior, but if you dictate it and attempt to threaten (for instance by saying in a confrontational manner 'ok, but I'm not taking responsibility then') you are writing checks that your expertise may not be able to cash. As an owner it's important that my IT works right, but it's absolutely imperative that I don't lose control of the company. Don't make me think that you're trying to take it away from me or lord your technical expertise over me unless you have a VERY secure position.

  15. Re:Just remind them by TapeCutter · · Score: 3, Insightful

    "The owners may want to do that if the computers were used for storing some confidential information. Such a backup cannot be stored on your shelf among books and other assorted DVDs. If the owners know what they are doing, they perform backup of those computers themselves, and keep the media at home"

    That's a very good point, it's quite likely that the owners know exactly what they are doing and why they are doing it. You won't get far in business by blindly trusting everyone who works for you.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  16. Not necessiarly by Sycraft-fu · · Score: 3, Informative

    I mean ya, if the owners are major assholes they could fire you anyhow, however such a thing can be useful. First, it may make them change their behaviour and if it doesn't it can help protect you. Reason is they are then presented with evidence that they were informed and indicated that fact. If not, it is easy for ego to interfere with memory and them to say "You never told me this would be a problem!" However with a document they are more likely to say "Ya, I screwed up, now what do we do to make sure this isn't a problem in the future?"

    In any company, there is no 100% protection from being fired no matter what. However having good documentation can go a long way. People do not have perfect memories and often we remember things the way we wish they had been, not how they really were. Documentation can help prevent that.

    Also you don't present it as a "This is just for you because you are assholes" document. Rather, it is a policy exception document. If someone wants to not need to back up their data, you have them sign a doc that says they know the risks, and perhaps have it countersigned and ok'd by a boss. In the case of the bosses, they just sign it themselves.

  17. Very few employers win unemployment appeals by Anonymous Coward · · Score: 5, Informative

    I fully agree. Employers don't generally win unemployment compensation hearings, even when they are correct. In many cases, the employer has a policy to appeal ANY unemployment claim, just to set up a few additional hoops for the employee to jump through. Most of the time, the employers don't even show up for the hearing. As a result, the state labor department deals with a LOT of junk appeals. Even when the employer shows up, the burden of proof is upon THEM and most of the time, they aren't up to the task.

    I know of a guy who was thrown out during some kind of bizarre purge. The company had a change in management and this guy was clearly not part of the plan. So the company tried to cobble together some sort of justification. However, their schedule for firing him did not allow for collecting enough excuses. The purge worked in such a way that the guy's boss had already been let go, so actual facts of the employee's performance were in short supply. What little they had was wrong.

    So of course, the employer appeals the unemployment claim. The hearing is held and the employer is absent. After losing by default, THEN the employer appeals to re-open the case. The employee's witnesses are subpoenaed and the day of the second hearing arrives. By this time, the employer has engaged some kind of unemployment compensation management firm to try and win the case. Upon seeing the employee's counter claim and witness list, the consultant tells the judge, "Upon review, this case does not rise to the standard necessary to establish termination for cause. We withdraw our appeal."

    Considering how routine these shenanigans are, is it any wonder the employers usually lose?

  18. The Dilbert Ethics Challenge by ghostlibrary · · Score: 3, Informative

    So I was working at a large defense company, and they had been dinged by the gov't for high-level management fraud. So part of the penalty was all employees that weren't managers had to take a mandatory Ethics class, run by... the managers.

    Add in that the class included a Dilbert Ethics Game-- an actual, licensed Dilbert[TM] board game with little Dilbert characters and cartoons in it, where you had to move around and then answer ethics questions.

    Oh, and it turns out you could win the game without correctly answering the questions, as my team figured out victory was based on position on the board, not score. And the only team that could have beat us took the high road, and when faced with one ethic question said "We know you want to hear answer A, but really, we would do answer B, as would any reasonable person."

    I'm still not sure what lessons we learned.

    --
    A.
  19. Re:Works both ways by The+Spoonman · · Score: 3, Interesting

    Seems reasonable to me. I can quit anytime I want; why can't they fire me anytime they want? I'm selling them my labor. They're free to buy labor from whomever they want, and I'm free to sell to whomever I want.

    On the face of it, it seems a reasonable argument and in fact IS the argument used by the 43 states that don't offer any kind of employee protection whatsoever. However, if you activate your critical thinking skills, you'll see that reciprocity (which is what you're trying to define) doesn't exist. If, for example, I decided to just not show up to work anymore my company will go on just fine without me even though I do work in a fairly critical position. It might mean other members of my team will have to work a bit harder for a few weeks to fill the void, but there will be no overwhelming financial impact to the company whatsoever.

    On the other hand, if my company decides to fire me because I wore white after Labor Day (a stupid reason, yes, but a legal one nonetheless in all but 7 states), then I am subject to severe financial disruption, not to mention the loss of medical benefits for myself and family. In all but a few states, being fired makes you ineligible for unemployment (you need to be laid off with the potential for recall to be eligible), so you're on your own regardless of there being a valid reason or not. Beyond that, whenever you interview going forward, you have to explain why you were terminated BUT you're not allowed to speak negatively of a former employer in an interview...so keep it positive! Even if you do, the myth of "they're not allowed to say anything negative about you in a reference" is a meme that should've died a long time ago. They can say whatever they want when giving a reference, legally it just has to be true. However, as you're an unemployed schlub with no income...good luck finding a lawyer who will take your case on a contingency if they lie.

    We can try and spin it any way we like, the fact is the deck is stacked 100% against you. Is it likely you'll be fired for wearing white after Labor Day? Is it likely, however, that you'll be fired for another equally stupid reason? In this economy, anything's possible.

    --
    Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
    http://www.workorspoon.com