Employees and HR

A considerable chunk of our communication takes place on social media platforms. And sometimes we get fired up about politics or other touchy subjects we wouldn’t normally talk about at work. But can what you say on social media be grounds for being fired?

As a general rule, one can be fired because of what one says on social media if it leads to fostering a hostile work environment or is seen as detrimental to the company’s image. Additionally, in at-will states, employees can be let go at any time for any reason.

So your best strategy is to keep your social profiles private and don’t add co-workers to your social channels. That way, no one associated with your job can see what you post.

While it seems unfair, the reality is that many people have been fired and are being fired because of what they shared on social media.

The devil is in the details.

Unless what you’ve shared is extreme or offensive, you don’t have to worry. But seeing as most employment is at-will employment, the implication is that an employer could fire you for any reason. It’s smart to be professional with your public social media accounts.

In this article, we’ll explore your legal rights in the context of social media use in the workplace, whether social media policies are legal, whether employers can check your social media accounts, and other issues around whether social media use can be the basis for being given the pink slip.

Let’s get started…

Should social media affect hiring and firing?

Social media can affect hiring and firing because companies naturally want employees whose values reflect the company’s values. And if social media posts conflict with that, it can affect hiring or lead to termination.

Some applicants deliberately curate their image on social media. Even in these cases, a deeper insight into their real nature can be gleaned from their posts, pictures, and feed.

Of course, this shouldn’t be the main criteria employed in the hiring and firing process, but almost everyone is on social media these days. It’s an invaluable source of data that should be mined.

Social media is already being leveraged as a tool in the hiring and firing process.

It doesn’t reveal the “total” portrait of an applicant or employee because, at times, some content posted on social media are examples of posturing or virtue signaling, and there are also some that are probably posted when the person is triggered or overwhelmed.

It should affect hiring and firing, as an example, it is excellent for conducting background checks to see if an applicant can easily adapt to a company’s culture.

But it should simply be one of the criteria employed and shouldn’t have too much weight since other data sources provide more robust insight into an applicant’s capabilities.

And when they’ve been hired, an employee’s performance, attendance, and interpersonal ability should carry a lot more weight than social media posts! 

@AlaSchoolBoards #aasbsummerconference Social Media and first amendment rights. Non-protected Employee speech. pic.twitter.com/hqDXo48Kie

— Elisa Ferrell (@ElisaFerrell12) June 17, 2021

What are my legal rights related to social media in the workplace?

While off-work, employees are not protected by the first amendment if the company feels a social media post violates its own policies, could lead to hostility in the workplace or shows the company in a detrimental light.

Of course, employees are also not expected to be using social media during office hours unless that is what they are hired to do.

An employee’s legal rights vary from state to state.

But on the whole, because employers are concerned about issues such as cyberattacks, confidentiality breaches, and time-wasting on the part of employees, employees are not expected or allowed to use social media in the workplace.

However, the law allows you and others to come together and engage in certain collective activity to complain about labor conditions.

You’re free to do whatever you want when you’re off work, as long as you’re not doing stuff that’d put your employer in disrepute or hurt the brand.

Of course, it’s smart to be professional even when you’re not at work.

You need to be very careful if you’re in an at-will state (because you can be fired for any reason, as long as it’s not illegal). On the whole, unless your posts are extreme or offensive, you have nothing to fear.

Can you get fired over the phone?

That’s the theme of a recent article of mine where I examined all the best and worst ways managers should communicate with employees if they are being let go. And while in-person conversations are always best, there’s 1 instance where you could even get fired over email or text!

Just click the link to read it on my site.

How to implement a social media policy that doesn’t infringe an employee’s human rights (https://t.co/208plsfpA0) pic.twitter.com/0gwXvExDuI

— Recruitment News UK (@RecruitNewsUK) February 14, 2020

Are social media policies legal?

Social media policies are completely legal. Companies are free to create any policies they see fit for the operation of their business as long as it does not violate federal or state labor laws.

So if you know you have a controversial social media style, it would be best to choose employers that you know are aligned with your values.

Social media policies must take into account the provisions of the National Labor Relations Act, The Fair Labor Standards Act, and other acts that govern workplace interactions between employers and employees.

So, companies need to have social media policies that serve as a guideline that employees can use to know what and what’s not allowed and for them to appreciate how far-reaching their posts and comments can be. But, these policies are not necessarily legally binding unless they comply with the provisions of the law.

In practice, the social media policy would exist within the framework of the company’s HR policies and would be documented in the employee handbook.

While the policies are not legally binding (unless they expressly comply with the provisions of the law), it’s vital to note that an employee may be given a pink slip for any reason in at-will states.

Does this mean an employee can be fired for gossiping?

In a recent article of mine, I get into all the details of that, including the 1 sure-fire way something fairly innocent can get you fired instantly.

Just click the link to read it on my site.

As an employer, what are your rights for terminating employees who engage in offensive acts or post objectionable content on social media? Our blog explains: https://t.co/pFXkVxXTrx #employmentlaw #HR pic.twitter.com/cbFx2PvwXJ

— Simon | Paschal PLLC (@SimonPaschalLaw) June 9, 2021

Do employees have the right to use social media to make negative statements about their employers?

Employees have the right to use social media collaboratively to complain about labor conditions. This is different from making negative statements about their employers. The latter is a bit subjective and may incur the employer’s wrath if it is deemed too offensive or extreme.

But it would ALWAYS be better to take your complaints to your boss directly rather than posting them on social media.

And if you don’t trust your boss will handle it well, you should look for another job with a company with a higher level of integrity and professionalism.

Online discussions by employees, as a group, working together to improve the conditions under which they work is protected by law. This does not cover an individual’s quest for better working conditions but rather when many employees work together on issues they all stand to benefit from. “Personal gripes” are not protected.

Employees’ off-duty posts relating to their religion, race, and political opinions are also protected.

Employees may be able to get away with some negative statements if they are expressed within the ambit of concerted activity to improve employee welfare.

It would probably be disregarded if it is not too offensive or extreme.

But, if it is, it’s vital to note that in at-will states, the employer can dismiss employees for any reason and even for no reason!

So, there’s a need to be careful about what’s expressed and how it’s expressed, even if it’s for a good cause.

Interesting stat: “employees are looking to their organizations to make things right.
According to the 2019 Edelman Trust Barometer, 75% of people say they trust their employers to do what is right.’

Social media predictions 2020 https://t.co/aDBjNokLKP pic.twitter.com/Vxvea60K0r

— Geoff Raczkiewicz (@graczkie) December 24, 2019

Can employers look at your social media?

It is legal for employers to check employee’s public social media accounts. In fact, in some states, they can ask for the password and username of the accounts and proceed to check them. The law is not clear on whether they can also check private social media accounts.

Even if posts to your social media accounts are made when you’re off the clock, in some states, the law allows your employers to check your accounts and even ask for credentials to access them.

Fortunately, it’s the public accounts that the law allows employers to check.

So if you love blasting politicians or making inflammatory statements on social media, keep your accounts private. Or better yet, have public accounts that are fairly vanilla and maybe 1 or more private accounts under a nickname where you can get on your soapbox.

Apart from the fact that it’s legal, it makes sense that employers can check your profiles because what employees post can affect the company. It could give the wrong impression about the company and turn off current and potential clients.

It could also help foster a hostile work environment, consequently hurting other employees.

So does a feisty social media profile mean you have a bad attitude? And is that what you would be fired for? In a recent article of mine, I took an in-depth look at how companies deal with a so-called bad attitude and the 1 thing that will always get you fired.

Just click the link to read it on my site.

Conclusion

In the article, we looked at issues around social media being grounds for getting fired.

We checked out whether social media should affect hiring and firing, an employee’s legal rights concerning social media use in the workplace, and whether social media policies are legal.

We also checked out whether employees can use social media to make negative comments about employers. And, we wrapped things up by looking at whether employers can look at employee’s social media accounts.

You would think that we can express our political beliefs anywhere and anytime we like. After all, we have the right to free speech, right? But can you get fired for your political beliefs?

One can be fired because of one’s political beliefs as there is no legal protection for expressing one’s political views. But in most cases, it would not be the viewpoint that leads to termination, but arguments or hostility that arise in the workplace because of those views.

An employer reserves the right to foster the kind of climate conducive to the benefit of their business.

And, they may well state in the employment handbook that certain activities, such as discussing political issues at work, are not allowed. It’s tempting to easily conclude that this is illegal. Is it?

In this article, we’ll look at what’s political harassment, can you be fired for expressing your political views, can you sue an employer if you’re fired for political views… and similar riveting themes around getting fired for one’s political beliefs.

Let’s get started…

What is political harassment?

Political harassment refers to the denigration, abuse, and harming of others because they subscribe to a different set of political beliefs or are affiliated with a different political party than the one the perpetrators are associated with.

It is not a one-off incident. Instead, it describes the ongoing torment of a political nature.

Political harassment is one of the ugly and harmful side effects of our inability to be truly inclusive. The essence of democracy is the negotiation and the recognition that folks are entitled to their viewpoints, that the collective fate of our nation would be forged through debates and free and fair elections.

Democracy respects the diversity of opinions.

This is what’s at stake when political harassment occurs — those who harass others want them to subscribe to their political worldview.

They do not want those who disagree. And, they resort to all manner of toxic psychological and physical behavior to bully those who hold opposing views.

In simple terms, political harassment is bullying people who do not share our political views. It’s childish and cruel.

Tensions can easily run high in the workplace in the current #political climate, but you can mitigate this by making sure you stay calm and avoid responding emotionally when debating opinions. 🙌 https://t.co/SEY2UiUa5T #productivity #work #respecteachothersviews #kindness pic.twitter.com/NU6c1bjoLO

— BucketsDotCo (@bucketsdotco) December 11, 2020

Can you be fired for expressing an opinion?

One can be fired for expressing an opinion, as the first amendment protects the right to free speech from a governmental persecution perspective. If the employer feels the opinion creates a hostile work environment or defames the company, termination is a possibility.

Employees of private concerns can be fired for expressing opinions that are deemed damaging to their employer.

Unless the employees can prove that they are being discriminated against or that the opinions expressed count as whistle-blowing or attempt at union organizing.

In other words, in at-will employment, employees can be fired for any legal reason, even without being given a reason!

This seems unfair, but it works both ways. Employees can also walk off the job without giving any reason.

Yes, you can be fired for expressing an opinion.

But, unless it’s something offensive or extreme, most employers would probably disregard it. Your employment is likely to be terminated if you violated a specific policy in your employee handbook. 

So, the key is to be smart and to imagine yourself in your employer’s shoes. Even you won’t want an employee who says stuff that creates a hostile work environment or casts the employer in a bad light. 

If there’s a dress code where you work, you might also want to be careful about shirts with sensitive political messages on them!

So is an opinion the company doesn’t like mean you have a bad attitude?

And does a bad attitude put you at risk of being fired? In a recent article of mine, I get into exactly what a bad attitude is and isn’t and the 1 sure-fire way it can get you fired for speaking out.

Just click the link to read it on my site.

Jason Guinasso with Hutchison & Steffen writes about handling #political discussions in the #workplace … Read #LegalOpinions at https://t.co/NHCyPN2oAO
.
.#industry #prediction #Nevada #NevadaBusiness #attorney #legaladvice #legal #lawyer #article #published #biztips #opinion pic.twitter.com/eVWccFdA0n

— nvbizmag (@nvbizmag) October 23, 2018

Can you sue for being fired for political views?

One can sue an employer for being fired for political views. But in most cases, the employee would lose the lawsuit, especially if the employer has a clear policy on workplace speech or political views in the workplace.

Our sense of fairness is not enough.

Unless you’ve spoken to a reputable employment attorney and they’ve convinced you that you have a strong case (because there are some states and jurisdictions where the law might be a bit more favorable to you), it’s better to forget the idea of litigation when the expression of political views are involved.

It’s vital to note that if you work in an at-will state, your employer can fire you for virtually any reason, as long as it’s legal.

So, in trying to sue an employer, what an attorney would do is try and find exceptions to the at-will rule (which is not very easy, if you ask me).

If your employer can prove that you were not being discriminated against and that, in fact, the expression of your views was harming their business, your case could be thrown out.

Leaders must create a workplace environment where political diversity is not only appreciated but respected as well. Employees must keep an open mind during discussions, respect opinions of others & avoid passing judgments.#saivasystem #betterwork #betterbusiness #leadership pic.twitter.com/EUESEPYhwW

— SAIVA SYSTEM – a CMMI Level III Company (@saivasystem) January 6, 2020

Is talking about politics at work illegal?

Talking about politics while at work is not illegal. However, talks about politics are often highly heated exchanges that can escalate into conflict. And while still not illegal, an employer would be within their rights to fire an employee for creating hostility in the workplace.

It is easy to create a hostile work environment when there is intense polarization across political leanings.

A poll conducted in 2020 showed that up to 57% of employees have had “have discussed politics at work.” And 60% of employees “believe discussing politics at work is unacceptable.”

You can imagine how this impacts employee productivity and interpersonal relationships.

Now, you’d think the First Amendment protects your right to discuss politics at work, right? First off, you are at work, on your employer’s time, and the truth is that the First Amendment doesn’t apply in all cases.

For example, it doesn’t cover private businesses!

So, your employer has the right to limit talks about politics at work. They pay their employees to render a service or make a product, not to shoot the breeze. 

It is not illegal to discuss politics, but the employer is within their right to place policies that foster a conducive atmosphere for all employees irrespective of their political leanings.

Can you get fired for gossiping? 

Yes, in at-will states. Because it can be seen as creating a hostile work environment. This is the theme of a recent article of mine. But there is 1 crucial exception to that.

Just click the link to read it on my site.

Politics in the Workplace: Beware of Laws Protecting Political Affiliations and Opinions: https://t.co/cQhPv04FbQ pic.twitter.com/vo2vLZCISh

— Hopkins & Carley Law (@HopkinsCarley) March 12, 2020

Can an employer ask your political affiliation?

If you work in a federal agency, the employer has no right to ask about political affiliation. However, no law prohibits private employers from asking about employees’ political affiliation. 

You have a right to refrain from sharing your political affiliation if you are working for the government, as you’re protected by the First Amendment. “As a general rule, in the private sector, one’s political position is not a protected status.”

So, an employer can ask you. 

It’s not illegal for them to ask you, but it really can’t be the basis upon which they would now discriminate against you. Most employers know the harm that could unleash. But, they have a legal right to ask you. 

And of course, if you didn’t answer honestly, how would they know unless you regularly talk about politics, share it on your social channels, or wear political shirts?

It’s important to note that there are some states and jurisdictions where your right as an employee to protect your political affiliation is upheld. 

Can an employer fire you over the phone? 

That’s the theme of a recent article of mine where I showed that employees could be fired over the phone or via email, but only under certain circumstances is it really acceptable.

Just click the link to read it on my site.

Conclusion 

We explored many issues around getting fired for one’s political views. 

We got started by checking out what constitutes political harassment. We then looked at whether one can be fired for expressing one’s political views and whether one can sue back.

We then moved on to look at whether it’s legal to discuss politics at work and if your employer can ask about your political affiliations. 

We wrapped up with whether an employee can be fired for their political opinions.

HEB is one of the largest grocery chains in the US, but only in Texas. Since they are over 100 years old, they often do things in an old-fashioned way. But for applicants and existing employees, does HEB drug test?

HEB doesn’t require a pre-employment drug test for everyone, but all are required to sign HEB’s Drug-Free Workplace Policy and are subject to random drug screenings. Those in safety-sensitive positions or those injured on the job are the most likely to be tested.

They explicitly state this on the careers page of their website.

So what does that mean for the average employee and how often do these “random drug screenings” really happen? And do they care if it’s just pot?

In this article, I’ll give you the lowdown on HEB’s drug policy. The following are what I know from over two decades of experience working as a general manager at Whole Foods.

Let’s get started!

What is HEB’s drug testing policy?

HEB’s drug testing policy focuses on employees who work in safety-sensitive positions. So, some employees are tested, while some are not tested, depending on the position. Additionally, HEB also conducts drug tests on a random basis each quarter.

In 2010, research by the Society for Human Resources Management revealed that about 57% of companies carry out pre-employment drug tests. 

And with HEB, when an employee is being moved from a non-sensitive area to a sensitive area, they are likely to be tested.

What is a “safety-sensitive position”? Well, it could certainly include (but not be limited to) any of the following:

• Forklift driver
• Pallet jack operator
• Truck driver
• Food preparer who uses appliances or knives

If an employee refuses to take the test, it’s as if they’ve tested positive. An employee may also be tested if they’re suspected of drug use or if they get injured at work.

It’s vital to note that HEB’s drug tests are not discriminatory.

They’re employed to help the company select the best candidates for the positions available. The tests also serve to eliminate or reduce workplace accidents. After all, a person under the influence of a drug is a danger to themselves and others.

The policy is not rigidly adhered to, and it’s often employed at the managers’ discretion.

So, someone could be tested in location A for an overnight stocker position, while someone else at location B, for the same position, may not be tested.

Let’s look at the results of a recent poll of HEB employees and whether or not they have been drug tested:

Situation	The percentage that Was Drug Tested
Hiring/Application process	28% of respondents
Once hired	17% of respondents
Those working in safety positions	90% of respondents
After being injured	14% of respondents
When being promoted	21% of respondents

So you can see that in most cases, the majority probably won’t be tested. But you could be at any time, so if you use drugs, even pot, it’s probably not worth your applying at HEB.

What drugs does HEB test for?

Like other companies’ drug tests, the test that HEB conducts is meant to detect if applicants or employees use:

• Cocaine
• Opiates
• Marijuana
• PCP
• Amphetamines

So yes, even just smoking weed could keep you from getting a job there or could get you fired.

When HEB sends you in for a random drug test. PS, I passed 😅 pic.twitter.com/OipS3HE0YJ

— Brando (@BrandonMK11) February 8, 2016

What happens if you fail a drug test at HEB?

If you fail a drug test at HEB and you’re just applying for the job, you won’t be hired. You can reapply six months later. If you’re already employed with HEB, you may lose your job or face disciplinary action.

If you have spoken to one of your managers (that’s if you’re an employee) that you’re having challenges with drug use, prior to being tested, they might be lenient if you have a plan to get help with your addiction.

Of course, if you kept quiet, you’d have to face the music.

If you’re already an employee, in all likelihood, you’ll be fired. But it’s not cut in stone. In fact, in some cases, someone could be given the pink slip, if they are a repeat offender or have other disciplinary issues. But someone else who has been an ideal employee might be given a second chance.

But for most current employees who fail the test, expect to be fired.

In a recent article, I went into great detail on what you need to know about grocery store drug tests. For example, I wrote about all the major grocery stores that conduct tests, what the test entails, whether employees are informed if they passed the test, and if one’s allowed to retake the test in case one failed the first time.

Just click the link to read it on my site.

Here’s one from Texas. HEB is a Texas grocery chain which always steps up to help Texans in need. pic.twitter.com/aPENj05dEo

— Calmatevi! 😊 (@sasso333) March 17, 2020

Does HEB drug test managers or just entry-level employees?

All HEB partners (employees) must sign the HEB Drug-Free Workplace policy, and this includes managers. HEB managers can be chosen for random drug tests, but according to some employees’ reviews, it’s not a requirement for all HEB managers to be tested unless you’re from the Pharmacy department.

In its publication Guidelines of HEB on Drug-Free Workplace, it states that the use of drugs and other controlled substances on or off the job is not aligned with state and federal statutes.

Their use could jeopardize the reputation of the company. And that the company seeks to ensure there’s safety for workers and customers.

It’s also clear that entry-level employees are tested and that this is often done at the discretion of the managers in charge of a particular location.

Tests are usually done on a random basis and for employees in safety-sensitive positions.

Drinking water cause HEB sent me for a drug test.. #trustIssues lol #hatepeeingincups😫 pic.twitter.com/CVSh4igxVY

— Rosita❁ ✟ ♛ ✨ (@rosita_leydi) April 4, 2014

Does Central Market drug test?

Central Market HEB does drug test at the time a candidate accepts employment and if an employee is involved in an accident.

Central Market is HEB’s high-end foodie market designed in the 1990s to compete with rival Whole Foods Market. While related to HEB, and run by Stephen Butt, nephew to Charles Butt who runs the regular HEB chain.

So they don’t do the random drug tests that HEB does.

But as with HEB, the reality, however, is that many employees were not tested when they were employed. And, some have been there for years. Some were tested randomly, and others when they were about to be moved into management positions.

At Central Market, a drug test is usually administered before a person is employed, and on occasions, employees are also tested.

And the test checks for the same drugs HEB tests for including pot.

If the test is negative, the results are usually received in a day, but it could take up to a week if it’s positive, as further screening is done to confirm the result.

Drug or medical tests are a standard procedure when you’re employed in big companies. These tests are not merely to check if a person is a drug user, but to confirm if they’re fit enough for the job.

Employees spend a considerable chunk of their time at work, and some positions are really demanding.

This is why a prospective employer would want to know if the applicant is healthy enough. Of course, if an applicant is discovered to be unfit, it’s smart to know this before they’re hired.

Central Market Houston will close today at 6PM to allow our Partners and customers to safely seek shelter until Hurricane Laura passes through the Houston area. We will reopen to normal operating hours as soon as it is safe for our Partners to return to work. pic.twitter.com/SS8lnWuogV

— Central Market (@CentralMarket) August 26, 2020

What do employers check for in a drug test?

Most employers who conduct drug tests look for cocaine, amphetamines, and opiates. Some, but not all, may also look for THC. But typically only in states where THC remains illegal.

They’re trying to ascertain if there are residues of drugs in an applicant’s or employee’s body, even after the effect of the drug has worn off. The process is technically known as Urinalysis.

A urine test is the most common way to ascertain this, and here’s a more comprehensive look at the drugs they check for:

• Cocaine (crack, coke)
• Amphetamines (speed, ecstasy, meth)
• Opiates (such as codeine, heroin, morphine, opium)
• Phencyclidine (angel dust, PCP)
• THC (marijuana, cannabinoids, hash)

It’s not easy to state whether HEB or Central Market would overlook THC (marijuana) use, seeing as it’s legalized in some states.

The reality is that pot is not yet legalized by the Federal government. So, it’s better to assume that its use will be frowned upon.

The reality is that about 57% percent of companies use drug tests.

So, there are also notable exceptions. Some folks think they’re an invasion of one’s privacy, but the truth is that employers need to be proactive about creating a safe and conducive atmosphere for workers and customers.

Conclusion

In the paragraphs above, we explored HEB and Central market’s drug test policies.

We looked at what happens when someone fails a test if managers are also tested, and we wrapped up by looking at what employers look for in a drug test.

We saw that not all applicants are tested prior to getting the job and that random tests are often conducted. It’s also possible that you’ll be tested when moving into sensitive positions.

---

Photo which requires attribution:

HEB by Dave Stone is licensed under CC2.0 and has been cropped, lightened, and had image and text overlays applied.

 Finding and keeping a job is not always easy. And with more and more online options for making money such as OnlyFans, it’s natural for some people to wonder “can you be fired for having an OnlyFans?”

In an At-Will state, you can be fired for any reason, including having an OnlyFans account. However, most employers would not actively search for such accounts, if they are aware of it in the first place.

But it also depends on the kind of company you’re working for.

If they’re very accepting, it may not be an issue at all. But, if it’s a really conservative company, they may frown at it. At first blush, you might think, you should have a right to share whatever you like as long as it doesn’t involve work.

The truth, however, is that freedom is never absolute. What one person shares (even in good faith) could end up creating a hostile work environment, especially if co-workers starting viewing or sharing questionable images of you.

Let’s get into it!

Can employers see OnlyFans?

An employer could search for OnlyFans and your name, and see your account if it comes up. However, they can’t see the full account unless they create an account and subscribe to you. Plus you can select a user name that isn’t necessarily your real name.

And it wouldn’t actually occur to most employers to even do that search in the first place.

When you do get paid from OnlyFans, at the end of the calendar year, you will get a 1099 form from OnlyFans showing your earnings.

However, in most cases, this will NOT show up on a background check.

Plus, let’s be honest. OnlyFans isn’t just for racy or nude pictures. The other categories they offer creators include:

• Cooking
• Fashion
• Gaming
• Comedy
• Fitness
• Wellness
• Acting

And there are more categories than that!

So it’s not like an employer would or should jump to the conclusion that you’re getting paid to be naked. While that is one possibility, there are many more that don’t fall into adult categories.

If you’re already employed, then you can simply check your company’s policy handbook about conduct or social media (since OnlyFans is considered social media).

If you’re thinking of working with them in the future, you could also ask those already working there about the company’s social media policy.

But again, in an at-will state, employers can fire anyone at any time for any reason that doesn’t violate the law.

Even something as subjective as having a bad attitude can be a big deal. It could even get an employee fired. Really? Yes, it can. That’s what I explored in a recent article of mine. And I get into a lot more detail about which states are at-will states too.

Just click the link to read it on my site.

When your employer says you must return to work so they can exploit your labor, or else they’ll cut your unemployment and make you ineligible for it ever again //signs up for OnlyFans// pic.twitter.com/0CJ57rBGM9

— Raring to go by Wester (@jeanlucgrosjean) May 1, 2020

Does OnlyFans show up on background check?

Yes, your OnlyFans account can show up on a background check if the prospective employer ran a comprehensive check, and you have received a 1099 tax form from OnlyFans.

But for the most part that’s not likely.

Unless the job you are applying for is restricted or regulated, most employers, especially smaller ones, will just run a basic background check looking for:

• Criminal history
• Basic job history
• Credit score
• DMV records

So again, unless there is suspicion, to begin with, or the company is highly religious or conservative, in most cases, this is really a non-issue.

Unfortunately, most of the information we share online (even some that we’ve deleted) is still accessible via a simple Google search.

And if you’ve earned $600 and above from OnlyFans, you’d get a 1099 form from OnlyFans.

That is just about the only way OnlyFans would or could show up on a background report. And again, that’s not always going to show up, especially on a basic employment check.

But something as “simple” as gossiping, too, can lead to dire consequences in the workplace. It doesn’t just have to naked pics.

Really? Yes.

It may seem fun and harmless, but its impact in the workplace could be harmful. If you’re wondering what the consequences are, check out a recent article of mine. That’s what I explored in some detail.

Just click the link to read it on my site.

Since hiring managers will often call past jobs to verify your employment with them, I wonder how they’d verify only fans…

“Hey Brad, I need you to do an OnlyFans verification.” pic.twitter.com/P5x6z9j1kX

— Ryan Bard (@BardThirteen) October 28, 2020

Can you hide your identity on OnlyFans or use a fake name?

You do not have to use your real name as your screen name on OnlyFans, and you can choose to not show your face in photos. However, you do have to provide your real name, address, and proper identification to create your account.

So if you don’t have your real info on the back end, you won’t be able to get paid.

You’ll have to be careful so that you don’t reveal your real identity when promoting your OnlyFans account on other social media channels. I have a friend who, up until she got married was constantly posting about her OnlyFans account on both Facebook and Instagram.

And she obviously didn’t care. But doing that would make it very easy for employers to find out.

So to fly under the radar from nosey employers, I recommend:

• Using a totally made-up name for your page
• Not showing your face or blurring it out
• Not sharing your OnlyFans on your other social media pages, or
• Create alternate social media accounts with your OnlyFans name and just share on those accounts

When employers see “only fans” as your only employment history. pic.twitter.com/UvLTjitCTq

— Fried (@FriedWillBarton) January 12, 2020

Can you make money on OnlyFans without showing your face?

You can make money on OnlyFans without showing your face, especially if the rest of your body is considered especially attractive. And, there are some customers who are into feet pics, toy videos, and other parts of the body other than the face. 

OnlyFans is not a porn site, although, it allows adult content.

If you’re providing other services, you can do so without revealing your face. You could use an avatar or a cartoon, or any picture unless the service you’re offering is dependent on people seeing your face.

If you’re providing adult content, some folks don’t give a damn about seeing your face (if you catch my drift).

They’re interested in other stuff, and as long as they like what they’re seeing, they don’t care. If you really want to protect yourself, I suggest that you also do not reveal your actual location.

You’ll need to also promote your account.

But, be sure that you don’t reveal your real identity while marketing your account. After all, that would defeat the whole purpose of trying to be anonymous. 

The OnlyFans phenomenon is more about under-employment and precarity than gender/sexuality. It’s part of the gig economy.

Median earnings for OnlyFans is $180/month. For Uber drivers it’s $155. Doordash drivers make an average of $1.45/hour. These are all the same labor model. pic.twitter.com/5WdZXo5c5A

— alex g (@galexybrane) October 12, 2020

Will having an OnlyFans affect employment?

From a tax standpoint, OnlyFans is a 1099 employer, meaning it does not impact your ability to work other jobs. From a morality standpoint, only religious or conservative companies are likely to care about an OnlyFans account, if they even become aware of it.

So it may or it may not.

It depends on the kind of company you work for and whether you’re actively promoting your OnlyFans account to other employees.

In most cases, employers won’t know or care.

But there could be employees who are highly judgemental and those who like gossiping. Both could ultimately lead to an unconducive work environment. So it’s best to not mention to anyone at work. It’s also best not to share it on your social media; especially if co-workers follow you.

And, if a company already has it in their employee handbook or any other publication that regulates employee behavior that certain online behavior (such as having OnlyFans) are not allowed, and you’re found to go against such a standard, you could be fired.

And as I said, if you’re working for a conservative company or are in the public service, having an OnlyFans account is likely going to affect your employment.

Both environments are particular about ensuring that employees align with some ethical codes.

So, it depends. But I still think in most cases, it’s not likely to come up.

Have you ever wondered whether an employee could be fired over the phone?

I took the time to write about it in a recent article of mine. Is it permissible under the law? The answer really surprised me!

Just click the link to read it on my site.

Conclusion

In the article above, we explored whether having an OnlyFans account could have a negative impact on your employment.

It depends on the kind of environment you work in, whether it’s an “at-will” employment, and even how you go about setting up the account.

 As long as you don’t actively promote it to other employees and it’s not strictly forbidden in the company’s policy, you don’t have much to worry about.

And, you could simply opt to make your account anonymous.  

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Photo which requires attribution:

https://onlyfans.com/jessicamullen by jessica mullen is licensed under CC2.0

Almost everyone uses social media these days. However, for employers, it’s a tough call as sometimes employees’ social media posts are either embarrassing or outright critical of the company. But can you fire an employee for social media posts?

Here’s what I know from hiring thousands of people:

It is possible to fire an employee for social media posts if the post damages the business’s reputation or is critical of the customers of that business. But in an At-Will state, employees can actually be fired at any time for any non-discriminatory reason.

But that’s just a quick answer, and it’s not always that cut and dried.

So, in this article, I’ll share vital insights that will help you deal effectively (and within the context of the law) with employees who write damaging social media posts.

Just bear in mind that while I have hired and managed thousands of people over the years, and fired at least 100 people, I am not an attorney and my article should not be considered legal advice. If you need an attorney, seek out a qualified one in your area.

Let’s get started.

Reasons for Getting Fired Because of Social Media! pic.twitter.com/mwz7sHWtDH

— Express Employment Professionals (@ExpressNashTN) June 6, 2016

Should employees be held accountable for their social media posts?

Yes, employees should be held accountable for their actions, even off the clock and away from work if it can be proven to negatively impact the employer or workplace. All employees should also be aware of the law that in “at-will” states, an employee can be let go for any legal reason.

Ultimately, Every adult knows that there are consequences to all our actions.

The posts employees share online can have far-reaching effects that could be embarrassing or even damaging to the company. After all, posts are published instantaneously and can be accessed by an incredible number of people.

Since it’s coming from an employee, readers are more likely to believe that it portrays the reality of what’s happening in the company. And, even when it’s not directly related to what happens at the company, if it’s racist or sexist, they might infer that such views reflect the company’s position.

If there are views that an employee won’t feel comfortable sharing in the office or offline, they must be careful of sharing such online.

Because one could argue that it’s even more harmful online due to the post being usually in the form of a text that’s there for all to see, and worse, it can easily be referred to as evidence in the future!

Yes, employees should be held accountable because their actions, both online and offline, could affect the company they work for.

So, common sense is required in the use of social media. After all, if the company is adversely affected by some posts, the impact could be very costly for the company.

It’s vital to reiterate that in at-will states, an employee can be terminated for any reason!

Say a company has a policy against drug use if an employee is found posting pictures and text of a party they attended, where drugs are being used, for example, they might get a pink slip.

What about the First Amendment?

Does the First Amendment not protect employees’ rights to free speech?

Truth be told, it doesn’t cover rights in the workplace. What it covers are rights in relation to the government. The law actually allows each company to devise internal policies and standards that regulate the conduct of the people who work with them. So, the social media policy of a company should be adhered to.

So for employees, if the company doesn’t have a social media policy or even an employee handbook, proceed with caution in posting controversial things. Or set your privacy settings such that only your friends can see your posts. Then make sure to not add anyone you work with.

This leads us to a question that’s probably on your mind:

If an employee has got to go, can you fire them over the phone?

Is it legal? I provided a detailed guide in a recent article of mine. Just click the link to read it on my site.

How does At-Will employment work?

So, if it’s an “at-will” state, an employee can be given a pink slip without any warning, reason, or even without a just cause.

Now to be clear, the reason for termination can’t violate any US law, including EEOC policies that protect certain classes of people from wrongful termination. So someone over 65 can’t be fired because they work slower than another. You also can’t fire someone due to their race, color, or religious beliefs.

But an employee who posts damaging content online can be shown the door if management decides that’s fair.

It’s good to note that Montana is the only state where “at-will” employment does not apply.

It applies in all other states. Of course, some states allow exceptions, while the following do not:

• New York
• Nebraska
• Rhode Island
• Florida
• Maine
• Alabama
• Louisiana
• Georgia

The recent firing of a dog walker due to an incident in New York’s Central Park that went viral shows that social media can impact an employee’s privacy. Bracewell’s Becky Baker shares her thoughts with @pthibodeau11 in this @TechTarget article: https://t.co/CP6A0oRFP6 pic.twitter.com/pJsYtacgdD

— Bracewell LLP (@BracewellLaw) June 10, 2020

Can employers look at your social media?

Yes, employers can look at the social media accounts of their employees and prospective employees as long as that person’s privacy settings allow public viewing. In fact, in some states, and under certain conditions, the law allows employers to ask for your username and passwords.

But, even when the situation is not dire, remember that most social media posts are set to “public.”

And, just as total strangers can check your social media profile, employers, too, can. If there are posts you think are too sensitive or personal, you may want to reconsider posting them. The reality is that your information on social media is public information!

You may have profiles that are personal (strictly for you and a few others) and profiles that project your “professional self.”

This might seem like a lot of work, but you’d probably agree with me that your employment is more important than “self-expression,” so having multiple profiles may be the way to go if you’re a controversial person.

You’re free to express yourself, as long as you don’t harm others.

But what “harms others?” That’s really the question. Termination-worthy posts don’t have to just be profanity-laden tirades against the CEO. In fact, sometimes just gossip can get you fired.

Would you like to know if the law allows an employee to be sacked because they’re found gossiping?

That’s the theme of a recent article of mine. Just click the link to read it on my site.

Facebook is probably the most widely-used social media platform, at least for those over age 25. What happens when an employee misuses Facebook?

NEW VIDEO – My First Time Firing An Employee (Never Again): https://t.co/y2m5ERXXT0 pic.twitter.com/Ue71PGeYLL

— Caspar Lee (@Caspar_Lee) August 6, 2019

Can you discipline an employee for a Facebook post?

Yes, as with any other social platform, an employee can be disciplined for disparaging or discriminatory Facebook posts, but in an unemployment hearing, the burden would fall to the employer to prove the post was libelous or directly damaging to the business.

So an employer, even in an At-Will state, should be careful to not rush to judgment. There have been cases where employees have sued their employer for what’s deemed to be unlawful treatment.

It’s vital that employers have a documented policy on social media use (drawn up by your legal and HR team), which all employees have access to.

Ideally, training should also be provided on the policy to educate staff.

And, it should naturally adhere to guidelines provided by the National Labor Relations Act. That’s a law that governs the relationship between unions, management, and employees’ rights to come together to freely deliberate about the terms and conditions of their employment.

But it also shows that the following are some circumstances where an employee can be disciplined, and they won’t have any justification for arguing that they’re being treated unjustly.

These include:

• If they reveal trade or financial information of the company
• If they trivialize or are critical of the company products and services
• Posting information relating to customers or clients. 
• Writing posts that disparage their supervisor or co-workers.
• Posts that are racist, sexist, homophobic, or ridiculing a religion

Apart from harmful Facebook posts, there are some employees who just have a bad attitude. But it’s no surprise that often these things go hand in hand.

A bad attitude can be contagious, and you might be wondering if you can fire them just for that.

This is what I explored in-depth in a recent article of mine. I get into all of the nuances and exact procedures I followed that kept unemployment wins at practically 0 for terminated employees.

Just click the link to read it on my site.

There was another boss who, instead of firing an employee, treated him badly in hopes he’d quit (it didn’t end well) https://t.co/el4Pm6qyv8 pic.twitter.com/RYhSQlk6T6

— Anthony Zurcher (@awzurcher) July 27, 2017

If an employee criticizes me on social media, can they be fired?

Yes, an employee can be fired for criticizing their boss, company, or co-workers in social media if they name them by their full name where the target is clearly identified. ,

But of course, as we covered above, in an At-Will state, which most are, an employee can be fired for any legal reason without prior warning.

Do note, however, that doesn’t mean the employee can’t file for unemployment (they probably will). And it doesn’t even mean they won’t be granted unemployment benefits, depending on whether your state tends to favor employees in those hearings or employers.

Like all things governmental and political; there is almost always a bias.

If the nature of the criticism in the post is vague or unclear or could be construed as humor, you’ll need to consult your legal team and HR department.

That way, you can be advised whether the employee should simply be issued a written warning or whether they should simply be sacked.

Even when it’s within the ambit of the law that the employee could be fired, it’s a delicate decision because it would likely impact other employees.

If they feel that the employee in question wasn’t treated fairly, they might think that their employment is not secure. Then that might create a hostile work environment for you.

That leads to unproductive employees and high turnover. 

So the best policy is to have a clear written policy. Verbally review that policy upon hire. And make sure to hold every employee from the owner down to that same policy.

In wake of Jemele Hill’s firing: What Are an Employee’s Rights on Social Media? https://t.co/gudACXxr3P pic.twitter.com/ZrESeVvpWH

— Victoria (@ToutStrategy) October 11, 2017

Can you get fired for cursing on social media?

An employer can fire an employee for using profanity on social media, although unless it was directed at the company or a fellow employee, it’s unlikely.

It’s vital to get the implication of having an “at-will” employment. In effect, it means you can get fired for almost any reason!

Think about it.

In fact, in a lot of employment contracts, it’s often stated that either party can terminate the employment contract with or without notice. So, cursing and other related negativity are really asking for trouble.

An employer has a right to decide the kind of people they want to work with and the kind of behavior workers are expected to adhere to.

But as we’ve said, the ideal employer would have a social media policy in their employee handbook that clearly spells out what is and isn’t acceptable. This would also then be gone over briefly in training or orientation.

That way, it’s not a surprise if an employee gets disciplined or fired for violating a clear written policy. They simply made the choice to violate that policy. And as with all policy violations, there are consequences.

Conclusion

In the preceding paragraphs, we explored what the law says about when employees can be given the pink slip because of their social media posts.

We learned that “at-will” contracts invariably imply that an employee can be sacked for almost any reason!

In effect, a “simple” social media post could cost you your job! I also suggested a way for employees to deal with the tension between the desire to express themselves freely and keeping one’s job.

Whole Foods Market is one of the great places to work and has many benefits for its employees. We know Whole Foods got bought by Amazon, so do Whole Foods employees get Amazon Prime?

No. Whole Foods employees do not get Amazon Prime. However, they get many other benefits. For example, Whole Foods employees enjoy a special employee discount on purchases, up to 30%. Full-time employees also get health insurance, paid time off, and a 401k plan.

But you might also be interested to know the other kind of benefits the Whole Foods employees enjoy.

Also, do part-time, and full-time employees get equal access to these employment benefits? I will help you know it all. 

Employee benefits are one of the areas I am highly qualified to write about because, for over twenty years, I was a general manager at Whole Foods Market, although I left the company shortly before Amazon bought them.

You could say that I know a thing or two about them, and you’ll be right. Truth be told, we can’t exhaust all that we could learn about them. But I’ll make sure I cover most of what you’ll like to know.

Let’s get started by considering an interesting question.

Can I get Amazon Prime for free as a Whole Foods employee?

No, you cannot get Amazon Prime for free as a Whole Foods employee. You do get other benefits, but Amazon Prime is not part of these.

By the way, what’s Amazon Prime?

It is a video streaming service for Amazon Prime members. Members can access thousands of videos at no extra charge. They can also rent or buy movies or T.V. episodes and also subscribe to over 100 premium channels.

Amazon Prime members also get 10% off items they buy and receive discounts (each week) on best-selling products.

They’ll need the Whole Foods app to take advantage of this. It’ll be scanned at checkout.

Prime members, in any part of America, also enjoy one-day free delivery on over 10 million items (with no minimum order). They simply need to filter by “get it tomorrow” as they shop on the app, and what they bought will be delivered before or by 9 pm the next day.

It’s $119 per year or $12.99 per month.

But do Whole Foods Market employees who also happen to be Amazon Prime members get both discounts??

No. Unfortunately, you don’t get to stack the employee discount on top of the Prime discount. You could, however, in some cases, find a Prime deal that is actually cheaper than just using the employee discount. 

And if a Whole Foods employee happens to have an Amazon Prime credit card you can use the 5% cashback on top of the employee discount.

As a Whole Foods employee, you might be interested in knowing what’s a Grocery Team Member.

As I mentioned earlier, I worked at Whole Foods for over twenty years and started in Grocery. I worked my way up to Grocery Team Leader before moving into store leadership.

And, that’s exactly what I did in a recent article of mine.

I explained what a Grocery Team Member is, how grocery stores are laid out, how much they are paid. I shared how much they get paid, and the skills required, and if they are required to work overnight. Just click the link to read it on my site.

Next, we’ll look at another interesting and reasonable question. Would you get discounts when you shop on Amazon?

When your buddy tells you he has an employee discount at the local Whole Foods… #FavoriteBeers #summershandy #bee… pic.twitter.com/97AgXgkfmP

— Scarlet Richardson (@cookingscarlet) September 27, 2016

Do Whole Foods employees get an Amazon discount? 

No, Whole Foods employees do not get a discount on purchases they make on Amazon.com. And Amazon employees do not get a discount at Whole Foods stores.

Amazon indeed owns Whole Foods (the behemoth bought it in 2017).

While it seems like a natural that Whole Foods Market employees would get their 20-30% employee discount at their new boss’s website, Amazon, that is not likely going to happen.

For starters, most WFM employees probably already shop on Amazon, so by giving up 20% or more of those purchases, it could potentially cut significantly into Amazon’s profits.

If you know anything about Amazon whatsoever, you know that maintaining a healthy profit margin is one of the top goals. And if they did offer that benefit, there would be cutbacks elsewhere in the employee benefits package.

But, the companies do not have one singular, uniform policy. In the next section, I’ll share some of the benefits Whole Foods employees are entitled to.

Would’ve paid 8.38 cents for a tube of toothpaste and a bottle of ranch without the employee discount welcome to Whole Foods everybody pic.twitter.com/q649OqYJ4k

— Adrian (@AdrianJStyles) November 8, 2016

Does Whole Foods have an employee discount?

Yes, Whole Foods have an employee discount. Whole Foods Market has long offered a 20% discount on purchases to its employees. And, after an employee completes six months at the job, there’s an opportunity to increase it to 30%.

The discounts cover products and services used every day.

There’s even a dedicated website where employees can find such discounts on:

• Tires
• Movies
• Cell phones
• Prescriptions
• Travels
• Insurance
• and theme parks

It’s vital to stress that some of these discounts can also be enjoyed by the family and friends of employees. 

Would’ve paid 8.38 cents for a tube of toothpaste and a bottle of ranch without the employee discount welcome to Whole Foods everybody pic.twitter.com/q649OqYJ4k

— Adrian (@AdrianJStyles) November 8, 2016

Do only full-time Whole Foods employees get benefits?

No. All Whole Foods employees get the 20% discount in addition to many other benefits such as the 401k plan and paid time off. However, medical benefits are only eligible for full-time employees.

Full-time employees are ones who work more than 30 hours per week.

Part-time employees constitute just about 2% of the company’s workforce. Whole Foods has about 95,000 employees; as such, the elimination will affect just about 1,900 people. (source)

Now let’s look at the benefits that Whole Food employees get.  

1. Health and Insurance Benefits
2. Financial and Retirement Benefits
3. Vacation and paid time off
4. Team member purchase program (Whole Foods offers discounts to employees through its relationships with other companies

The benefits are awesome if you ask me. Sadly when Amazon bought them, they did eliminate the stock option program which I benefitted from significantly over the years when I worked there.

So, you might be wondering, what are the skills required to work in a grocery store?

Luckily, you can find all the pertinent details in a recent article of mine. In it, I explored the different positions in a grocery store, what checkers do, what stockers do, what the pay’s like, if you need previous experience, skills, and mindset needed to work in a grocery store. And I concluded by sharing some of the best paying and the lowest paying stores.

Just click the link to read it on my site.

You’ve probably heard of Amazon’s discount code. Does it work for Whole Foods employees? Let’s find out next.

Use your Amazon Prime membership to get a 10% discount at Whole Foods: https://t.co/XrQNUr0Fe7 pic.twitter.com/V41zaq56Ba

— The Points Guy (@thepointsguy) May 16, 2018

How does the Amazon discount code work for Whole Foods employees?

Whole Foods employees do not get the Amazon discount code, though the code works for Amazon employees. In addition to receiving $100 per year at the beginning of the year, Amazon employees get 10% off items sold and shipped by Amazon. 

This discount is one of the awesome things most Amazon employees love about working at the company.

But there are many different kinds of Amazon employees, and not everyone gets this discount code. For example, seasonal employees, also known as white badge employees, aren’t eligible.

Blue Badge Amazon employees are full-time. They can get their Amazon Discount Code by logging into the employee portal and getting their 16-digit promo code from their profile page.

From all that we’ve been exploring, it’s obvious that a grocery store or a supermarket is an awesome place to work.

But what are the different sections and positions in a grocery store, so that you’ll choose the one you’ll really fit in? That’s what I covered in a recent article of mine.

Just click the link to read it on my site. 

Final Thoughts

In the preceding paragraphs, I covered a lot of ground.

I shared what Amazon Prime entails, the benefits it offers, such as access to a huge collection of movies and T.V.episodes. This awesome entertainment feast covers many genres.

I shared the fact that Whole Foods Market employees do not have Amazon Prime as a part of their benefits.

I also shared some info about some of the benefits for Whole Foods Employees. There’s the main one’s health, retirement, and vacation.

Note, however, that part-time employees — those who work for less than 30 hours per week, do not get medical coverage.

But, the favorite benefit of employees is that they get 20% off. On the whole,  the benefits offered by Whole Foods are not shabby at all. They’re actually one of the best in the industry.

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Photos which require attribution:

Amazon Prime Video by Stock Catalog and Social Media Week: Whole Foods Market presents: Afternoon Snack – A New York New Food Media Panel by David Berkowitz are licensed under CC2.0

Aldi is present in 19 countries and has 11,000 stores. It’s known for both incredibly low prices and a no-frills ambiance. So knowing the cut corners to keep costs down, do Aldi employees get a discount?

No, Aldi employees do not get a discount. This is due to the company already having extremely low profit margins. However, they pay well above the federal minimum wage and do offer vacation pay, paid holidays, group health insurance, and an employer match 401k to qualifying employees.

Does that mean Aldi is not a cool place to work in?

It’s actually a nice place. Sit a spell with me, and I’ll tell you about Aldi, what some employees say about working there, and the benefits you could get if you get a job there.

Just keep reading!

Why doesn’t Aldi give employee discounts?

Aldi doesn’t give employee discounts as their prices are already very low, and employees enjoy many other benefits like health coverage. If the company did offer employee discounts, it would either have to cut back employee benefits or raise their prices, neither of which they want to do.

In the course of my research, I saw that the benefits and perks are actually impressive.

For example, healthcare coverage is very good. Aldi employees only have to pay about half of what employees in other companies have to contribute.

In fact, Aldi is ranked number one among five retail companies in health care benefits. Coupled with the low prices, paying about 50% less for health coverage is awesome if you ask me. (source)

And, when you get the general outlook of employees via online reviews, you’ll note that they’re cool with the fact that they don’t get discounts, seeing as the company takes care of them in other ways. There are other perks they get, which you’ll find out as you read on.

You know about its low prices, right? Think about it.

The low prices are already a form of discount. It may affect the company’s margin and capacity to provide other benefits if it goes ahead to still offer its 126,000 employees discounts on its products.

If you’ve got tattoos, you may want to know if you can still apply at Aldi.

This is exactly what I explored in a recent article of mine. In the article, I cover Aldi’s tattoo policy, its appearance policy, what the company looks for when it’s hiring, whether it allows colored hair, and if it conducts a drug test. It’s been a goldmine of info. Check it out. 

Just click the link to read it on my site. Now, let’s consider the benefits employees who work at Aldi get.

As an #aldi employee I feel I must test these new products from #ginfestival just in case a customer asks what they are like @AldiUK pic.twitter.com/jExxsSCjtq

— Claire Smith (@mrsclairesmiggy) July 26, 2018

What benefits do you get working at Aldi?

Working at Aldi will get you loads of benefits. These include extensive health coverage (dental, long-term disability, temporary disability, vision, etc.), retirement, and financial benefits, among others. 

The following is a list of the benefits Aldi employees get.

Health and Insurance Benefits:

• Vision insurance
• Life insurance
• Dental insurance
• Health insurance
• Long-Term disability insurance
• Temporary disability insurance

Retirement and Financial Benefits:

• Defined contribution pension plan
• 401(k) plan (with company matching)
• Profit-sharing

It’s vital to say that part-time, that’s casual employees who work less than 25 hours per week, do not receive any benefits.

Now that you know the benefits Aldi offer, you might be thinking: are there grocery stores that pay better? It’s been a great question. And, I provided answers in a recent article of mine.

Just click the link to read it on my site.

In it, I shared the stores that pay the best. You could see a chart where I showed them based on criteria, such as starting wage, whether employee discount is provided, health insurance coverage, paid time off.

And, now, let’s consider something you’ve wanted to know: The pay!

#Coronavirus: #Aldi gives employees 10% raise | Read more: https://t.co/0s5GPMOggj pic.twitter.com/F7EOmGojSI

— WFTV Channel 9 (@WFTV) March 26, 2020

How much does Aldi’s pay its employees?

Aldi is one of the highest paying grocery chains in the country. The pay ranges from $13.08 to $23.08 an hour. Cashiers are the least paid, with an hourly rate of $13.08, while Assistant Store Managers earn an average of $18.68 per hour. District managers can make up to $80,000 per year.

According to Glassdoor, the average paid by grocery stores is $11.35.

It also reported that Aldi deliberately pays more than the federal minimum wage (which currently stands at $7.25 an hour).

And that the company matches any increase made by the Federal government. For example, if the rate were increased by 25 cents, Aldi will also increase the rate it pays workers by 25 cents.

It also has perks such as:

• Cinema tickets
• Discounted gym membership
• Child care vouchers
• Chrismas vouchers
• And exclusive discounts and offers from Aldi’s affiliates

Now, let’s look at how its employees feel about the company.

What does it take to be an Aldi employee? Simple! All our colleagues are reliable, hard-working & happy to help out where possible. pic.twitter.com/KHQqzMg7LD

— Aldi Careers UK (@AldiCareersUK) August 10, 2017

What do the Aldi employee reviews say?

Aldi currently rates a 61% overall approval rate from its employees, and 76% approve of the CEO. Those scores are even with or better than most of their competition. Great pay tops the pros list while the cons include good work/life balance, and a seeming inability to work your way up.

There’s hardly any complaint about the pay. It seems commensurate with the workload, some people say.

But, there were also a few complaints about working long hours and across different positions, at times. (source)

That’s to say; you may do more than the work required for the role you were formally employed for. They say it’s hard to strike a good work/life balance. And that the intense nature of the work can be highly tiring.

Next, let’s check out one of the most vital info you need to know. Is the rate the company pays good enough, compared to other top grocery companies?

#Aldi becomes the first supermarket to pay its workers above the real Living Wage. From 1st Feb employees will earn minimum £8.53 per hour pic.twitter.com/AIZQBInOmt

— DilSe Radio – 1035MW 🎤 (@DilSeRadio) January 5, 2017

Does Aldi pay well?

Yes, Aldi pays well. Most of its employees who wrote anonymous reviews agree that they are well paid and that this is one of the best things about working for the company. Its average hourly rate of $13.08 is better than many other discount grocers. However, Whole Foods Market and Costco do start off higher.

To provide some context, the $ 13.08-hour rate for Aldi’s cashiers is higher than what Publix and Kroger pay their cashiers.

That is currently $10.29 and $9.29 respectfully. Do bear in mind that companies and wage policies do change from time to time.

Whole Foods Market pays cashiers a bit higher than Aldi.

The rate it pays is $15.00, as is Costco. Target also plans to raise it’s starting wage to $15.00 very soon. Walmart, however, lags behind with a starting wage of only $11.00/hr.

If you like to research this further, don’t forget one of my articles on the grocery stores that pay best.

Final Thoughts

Aldi is so popular in its home country that it’s estimated that almost 90% of the population shop there.

So in this article, I covered a couple of the vital info in the preceding paragraphs. I shared the fact that Aldi doesn’t offer employee discounts.

This is because its prices are already very low, and there are other benefits it offers them.

By the way, it’s an international German company that’s present in 19 countries. It’s short for Albrecht Discount, and it has over 11,000 stores and 126,000 employees.

I shared the types of benefits that full-time Aldi employees are entitled to.

Part-time employees don’t get benefits. Aldi pays an average rate of $13.08 per hour, which is pretty good. On the whole, Aldi is a lovely place to work in. I confirmed this through the most common opinions shared by employees in online reviews.

I also shared links to two recent articles of mine on the grocery stores that pay the best and another on Aldi’s stance on tattoos.

The so-called gig-economy is booming, and side hustles are becoming more common. However, if you were let go and are receiving unemployment benefits, it’s natural to wonder will working for Instacart will affect unemployment benefits?

Working for Instacart will affect unemployment benefits in two ways. First, you will be categorized as a 1099 employee and will have to report your income when received. Second, depending on the amount of your earnings, your benefits may get reduced, though complete elimination of benefits is rare.

But it leaves a lot more questions like what is 1099 employment, and how it impacts the unemployment benefits. Besides, you would also like to know about the possible reductions in unemployment if you are shopping for Instacart.

And just in case you are not aware, Instacart, pairs its customers with personal shoppers, comes within the category. Besides, the grocery delivery guys from Instacart are known as shoppers and not employees. And that’s because they shop the products from Instacart after receiving a list from customers, and delivering them.

So keep reading to get all the answers!

Ready to apply with Instacart and see how much you could make?

CLICK HERE to fill out your application now on the Instacart website!

Who is a 1099 employee?

The 1099 employees are generally independent contract workers who offer their services to the general public than a single employer.

Doctors, real estate agents, lawyers, and accountants may all be 1099 employees. However, they aren’t always easy to classify.

As per the IRS, an individual is considered an independent contractor if the payer has the right to control or direct only the result of the work. But not control what will be done or how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.

Working gig jobs, like driving for Uber, or shopping for Instacart, would categorize you as a 1099 employee. These can be great jobs to have because it’s not a typical 9-5. Specifically, as an Instacart employee, you have flexibility over when and how you work.

But being paid as an independent contractor can vary, as it can be weekly or biweekly.

Luckily, Instacart shoppers get weekly payments, on Wednesday via direct deposit. My recent article goes over all of the things you need to know about getting paid while working for Instacart.

Just click on the link to read it on my site.

when a telecom company that made $130b last year wants you to commute to new jersey every day as a 1099 employee pic.twitter.com/FACpDyEBgI

— (@Kevin_Church) November 19, 2019

Does working a 1099 job get reported to unemployment?

Yes.

There’s a rising popularity of available gig jobs, like being an Instacart shopper. Thus you will likely get the opportunity to work on a contract basis even if you can’t find permanent work.

Contractors don’t earn benefits or have taxes withheld from their wages. So you’ll get 1099 instead of a W-2, at the end of the year. This is why contract workers are often known as 1099 employees.

While collecting unemployment benefits, you will have to look for a new job actively. You also have to report any and every income you earn from working while collecting unemployment.

However, it doesn’t have to be reported until you get the payment in hand. For instance, if you receive partial payment, you would report only that amount. Once you receive the balance payment, you will report it separately. 

Working at Instacart, you will be a 1099 employee. Besides, it could be an excellent way to supplement your unemployment benefits. Even if your benefits are reduced slightly, it will be made up for with your Instacart wages.

1040 or 1099? Employee or freelancer? Find out which of these tax forms fits your work situation: https://t.co/BwtbsPLVCC pic.twitter.com/xnrCrA91GM

— TurboTax (@turbotax) February 13, 2017

How does contract work affect unemployment benefits?

Any wages that you make from contract work must be reported to unemployment.

However, this may result in your benefits being slightly reduced. At the same time, since payment for 1099 work is sporadic, your unemployment benefits will likely not be eliminated completely.

Your state’s unemployment commission will reduce your benefit amount based on the amount you actually receive for compensation. Besides, the reduction may not be dollar for dollar.

In Texas, for example, you can earn up to 125% of your regular benefits before your benefit is eliminated completely. Therefore, you must check with your local unemployment office to determine the exact reduction amount.

The good thing is that your benefits will only be reduced or eliminated for that week. So, if you make $500 one week, your benefits will only be eliminated for the week you made $500. And if you earn nothing the next week, you will get no reductions in benefits. You just need to ensure you meet all other requirements for collecting unemployment.

Other requirements include actively looking for work and being available as well. If you’re working a particular schedule at your 1099 job, you won’t be available to work full-time at a permanent-job.

This is why working for Instacart would be a great option. You work when you can on a schedule that you set. So, you can take just a couple of jobs. That’ll leave you more time to look for work. And you’ll be available to take on a full-time position when one comes in.

With my place of employment being closed “indefinitely” and the federal unemployment benefit being cut or reduced drastically I will draw birds for food. pic.twitter.com/za3HoR6zus

— Kevin Barrios (@kevinbforbounce) July 25, 2020

Can I file for unemployment if I get fired from a 1099 job?

No.

Typically, contract workers, freelance workers, and self-employed workers are not eligible for unemployment benefits.

Employers that hire employees contribute funds for unemployment insurance benefits. If you are a contract worker, you aren’t receiving any of the benefits of being a full-time worker. And thus you’ll have to pay self-employment tax.

You might be eligible for unemployment if you were misclassified as an independent contractor when you were an employee.

Each state has its own rules regarding the classification of employees and independent contractors. Generally, if you work on a project basis as in shopping for Instacart, you’d be considered an independent contractor.

On the other hand, if you are attending staff meetings, reporting work hours, you can be an employee. Besides, receiving extensive supervision and training from your employer also counts. This would mean that you were possibly being misclassified as an independent contract worker and should receive unemployment benefits.

So if you are a contract worker, you will not be eligible for unemployment if you were to get fired. This includes working for Instacart, DoorDash, or any other gig work.

The 1099 thing is heating up “Instacart Offers Employee Option To Its Contractors” http://t.co/AazjunEVmr pic.twitter.com/vn1sfSaKCD

— Sol (@SolfromBrooklyn) July 13, 2015

How much will my unemployment check be if I work part-time for Instacart?

This is going to depend on numerous factors. For instance, on how much unemployment you are getting. Or on how much you make while shopping for Instacart.

Unemployment benefits are generally assessed based on wages earned during the last four quarters you worked. Benefits are typically half of the wages earned during that period, with a cap on the amount you can receive. There’s usually a cap on not only the amount you can receive but for how long you can receive it. For example, you may be eligible to receive a total of $8,000 in benefits or for six months. Whichever comes first!

The amount of income you are allowed to make before benefits are reduced or eliminated will vary by state.

In Idaho, for example, someone who works part-time will receive reduced benefits that week as long as their earnings are not 1.5 times or more than the weekly unemployment benefit amount. As long as your wages are less than half of your unemployment benefits, you won’t lose any of your benefits. 

Your local unemployment office should have the rules regarding part-time work laid out for you.

Final Thoughts

While Unemployment benefits seem pleasant, they are only a fraction of what you were making at your previous job.

Taking a contract position, like working for Instacart, may affect your unemployment benefits. So even though it will supplement your income, expect some benefits deductions.

So while working a 1099 job, you need to report your income to the unemployment office. While it may cause some deductions in your unemployment benefits, you will not be ineligible for it. Besides, you cannot file for unemployment if you get fired from a 1099 job. Wishing you good fortune, I hope you make the most of your time and skills.  

Ready to apply with Instacart and see how much you could make?

CLICK HERE to fill out your application now on the Instacart website!

Working at a prominent grocery like Whole Foods has excellent benefits for full and part-time employees, as it opens multiple avenues for their future careers. But it also leaves many wondering is it hard to get hired at Whole Foods?

Yes, it can be hard to get hired at Whole Foods. They typically get a larger pool of applicants than they have positions for. They also run background checks & screenings before interviewing. To get hired there, it helps to have a friend working there and to be persistent, but not pushy, with the hiring leaders.

But how to get a job at Whole Food? Do Whole Foods hire on the spot, and do they need a resume?

We’ll answer all of these questions and more.

Keep reading!

How can I get a job at Whole Foods? 

Whole Foods has an entire section of its website dedicated to its hiring process. They want you to take the time to get to know the company before you apply. And applying is not as simple as just hitting an “Apply” button.

Whole Food is a popular place to work, and for a good reason, so follow these steps as suggested on their site, and you’ll be well on your way to working at Whole Foods.

Research

Do some research about the company to find out what makes them tick. Follow them on social media. Go through their website. Or talk to friends and family who already work there.

If you walk into an interview and have no idea what makes Whole Foods different than a Safeway, Kroger, or Publix, that will be a huge red flag to them.

Look at available jobs

Head over to their careers page and read the job descriptions. They have lots of positions available. You might find at least one position that appeals to you.

Submit your application

Be sure that it’s accurate and complete without any errors.

Include a cover letter and resume. It may feel unnecessary, but these are an excellent way for a potential employer to get to know you. It also shows a level of professionalism than many others won’t have.

Keep them short and sweet though; 1 page each. No endless stream of letters of recommendation that no one is ever going to read, or long lists of references no one is ever going to call.

Resumes just need the 1-3 most recent jobs you’ve done unless there’s something highly relevant from your past that you spent years doing.

Ultimately, you’ll stand out from the sea of other applications.

Talk with a recruiter

After you’ve submitted your application, a recruiter may reach out to you via email.

Ultimately, they usually get way more applicants than they have jobs for. So they don’t have time to personally call everyone. If you do get selected, they’ll schedule a quick, informal call.

This is your first impression of the company. Be sure to ask the right questions and tell the recruiter a little bit about yourself. Be engaging, not too long-winded, but don’t just answer with “yes” or “no” either.

Get them excited about the possibility of hiring you.

Talk with a hiring manager

Next, you’ll talk to a hiring manager for a more in-depth conversation. This will be slightly more formal and more tailored to the job you’ve applied for. In most cases, this will be over the phone or a quick, casual meeting in the store; not an interview.

The hiring manager could be someone from HR. But more likely, they will be one of the department managers in the store (what’s called a Team Leader).

You’ll want to look them in the eye, smile, and connect with them in a casual, friendly way.

Even if the employees in the store are wearing shorts and T-shirts, take the time to dress to impress. I don’t mean a suit or fancy dress. But dress a little bit nicer than everyone else. It will help you stand out.

Panel interview

The final and sometimes the scariest step is the panel interview. You’ll speak to a group of your peers at a single interview. Depending on the position you’re applying for, this panel could include some, if not all, of the following people:

• The store manager (what they call Store Team Leader)
• Department manager (what they call Team Leader)
• A regional buyer or coordinator for the department you’re applying for
• Someone from Human Resources at the store (or sometimes regional) level
• 2-4 team members from the department you’re applying for

In the end, I’ve seen panels as small as 3-4 people and some as large as 20. But somewhere around 7-8 people is probably more the average.

The panel takes the final decision on whether you’ll get hired.

I wrote this recent article that covers everything you need to know about getting a job at a grocery store. I even include a few insider tips that I learned over the years from hiring thousands of people at Whole Foods Market.

Just click the link to read it on my site!

I want the job at Whole Foods where you verbally describe how vegetables taste. pic.twitter.com/U33ytN4Rr0

— Mustard Guy (@VocabuLarry) December 5, 2013

How long does it take to get hired at Whole Foods?

You can expect the hiring process at Whole Foods Market to take between 2-3 weeks. But the supply and demand for employees can affect that as well as the specific position you are applying for.

So ultimately, it’s going to depend on several factors.

If there is a position with high demand, you’re likely to get hired faster than if there is a position with less urgency.

It’ll also depend on how busy the Team Leader is and how many applicants he or she is interviewing. When I got hired at Whole Foods, I walked in and filled out an application. Then I got called 2 hours later for an interview and started that evening.

But times were a little simpler back then.

According to some reviews on Indeed, you can be hired on the spot or in 2-3 weeks. If you feel like it’s taking longer than you’d like to get hired, reach out to the hiring manager.

Politely introduce yourself and indicate that you submitted a resume. You would like a status update and perhaps a quick chat. Don’t be pushy, but make it known that you are interested in the position.

Once you get hired, keep in mind that working at a grocery store can be very stressful at times.

It’s essential to remain calm during those most stressful times. Try not to get overwhelmed, and if you do, be sure to have some coping mechanisms in your back pocket.

If you aren’t sure what I mean by “coping mechanisms,” I wrote this recent article that talks about what coping mechanisms can help reduce stress. I also talk about what it’s like to work in a grocery store as well as how to handle demanding customers.

Just click the link to read it on my site.

Btw I got a job at the biggest Whole Foods I’ve ever seen 😎😎😎 pic.twitter.com/sylkeGCj9g

— b (@brimorchalles) November 6, 2014

Do Whole Foods hire on the spot?

Sometimes, but it is probably not likely.

Typically, getting hired at any job takes a bit of time. However, positions with high need will be the positions that will fill the fastest.

Background checks, and high competition for available spots, and tighter HR restrictions all limit how quickly the hiring process moves.

That’s why it’s good to know all the different positions available. I have a recent article that talks about all of the various positions in the grocery store and what it takes to work in those positions.

Just click the link to read it on my site.

However, there are many things you can do that will increase your chances of not only getting hired but getting hired quickly.

A friend working at Whole Foods would be the first step. Having a friend in your corner is like having an inside line into the company, especially one that is well-regarded among peers.

Things like having a positive attitude, an affinity for punctuality, and ample availability will all be beneficial in getting you hired quickly.

You can get hired on the spot at Whole Foods today https://t.co/wMN54RCSpE pic.twitter.com/q64Z2h4cuH

— Bring Me The News (@bringmethenews) November 2, 2017

Do you need a resume for Whole Foods?

You don’t need one for lower-level positions at Whole Foods Market, but it certainly doesn’t hurt. If you are pursuing a leadership position, you should absolutely have a resume on hand.

Having a resume will just be another way for you to stand out in the crowd. A resume, along with a cover letter, shows that you are serious about getting a job.

It shows dedication and that you are putting in the time to really make an impression.

If an applicant is going to put in the extra effort to submit a polished resume and cover letter, there’s no telling what kind of employee they will make. I imagine it would be someone that I’d want to work next!

Over the years (I first became a Team Leader there in 1992), I literally hired thousands of people. I’ve seen it all in terms of applications, resumes, interviews, etc; the good, the bad, and the ugly.

It’s ALWAYS better to be over-prepared and overly-professional than it is to be under-prepared and less-professional.

So have a resume. Show up for your interview early and patiently wait. Dress to impress.

Are you looking for a job in our neighborhood? Whole Foods Market is now hiring for its new Capitol Riverfront location! Be sure to apply soon. Group interviews begin next week. The store is slated to open this fall. pic.twitter.com/i2rBZvSGU8

— Meredith Fascett (@MeredithFascett) August 26, 2018

How do I ace a Whole Foods interview?

Make sure you’ve researched the company. A standard question at just about any interview you’ll have at any company is, “Why do you want to work here.” You must be able to answer this question honestly. You won’t be able to do that if you don’t even know what the company stands for.

Acing the Whole Foods interview is a lot like acing any other interview.

Whole Foods Market has been around almost 40 years at this point. Things have changed a lot and will continue to change. But there are, and have always been a few core things that make Whole Foods special and popular.

Luckily, I detail that in a recent article.

If you aren’t that familiar with the company, my article can give you a lot of insider tips and knowledge. So definitely click that link to check it out on my website.

Be honest and be yourself. Interviews can be nerve-wracking, but you have to try not to be intimidated.

A big part of the hiring process is the panel interview. Before the panel interview, you’ll have a chance to talk to Team Members. Take advantage of this opportunity to ask questions and really get to know about the position for which you are interviewed.

Talking to Team Members is the first step to knowing what to expect from the panel interview as well as forming relationships.

Maximize your time with the Team Members. Ask questions. Get to know them to be fully prepared for your panel interview.

Whole Foods makes it easy to be ready for the application process as well as the interview process. In fact, they have an entire web page devoted to applying for and getting a job at Whole Foods. Be certain to read it carefully before your interview

Final Thoughts

It can be a challenge to get a job at Whole Foods, but don’t let that discourage you from applying.

It’s challenging because they are a popular place to work and treat employees well. If you stand out in the sea of applications, you are very likely to get hired.

Submit a cover letter with your application and follow-up if necessary. Research the company as well as the position you are applying for.

And be ready to make an excellent first impression.

If you’ve been at a job for any period of time, there is a chance you’ve accrued some paid time off (PTO). If it’s getting close to the end of the year, and your PTO doesn’t rollover, you definitely want to use it so you don’t lose it. But can you be fired for using PTO?

No, most employers will not fire an employee for using PTO. But, at-will employees can be fired at any time for any reason that doesn’t violate EEOC policy. Employees do need to follow proper time-off request policies & return to work as agreed or risk violating a company’s time and attendance policies.

But that’s just a quick snapshot. And sometimes the laws vary from state to state. So let’s dig in a little deeper and see if we can get you a more detailed answer to your specific problem.

Does your employer have to give you the time off when you request it? If they don’t give you the time off, do they have to pay you the unused PTO? Can they fire you when you get back to work after using PTO?

We’ll answer all of these questions and more.

Just keep reading!

Can I use my PTO whenever I want?

This will vary widely by the employer, and you should check your employee handbook and/or check with your HR department.

Typically, if you are a new employee, there will be some sort of probationary period before you can use PTO.

Generally, you can use PTO whenever you want. Some companies have specific limits for time off (paid and unpaid) broken out into different categories such as sick time, personal time, and vacations.

Other companies just grant employees a set amount of PTO to use anytime they are unable to work or don’t want to work.

If you get sick and need a sick day, you’ll be using PTO. Going on a cruise next month? PTO. So yes, you can use it whenever you want as long as you get approval from your supervisor first.

Depending on the company, they may have days that you’re not allowed to take a vacation. If you’re in retail, and they have a policy that everyone works on Black Friday, then you likely won’t be able to use PTO.

Or if you work in a small department, you may not be able to take PTO at the same time as another coworker.

When I was at Whole Foods Market, the busiest times of year were Thanksgiving week, Christmas week, and New Year’s week. We very rarely allowed anyone to take vacations during those weeks as it was all hands on deck.

That’s the reality for most retail stores.

But teachers almost always get most of those weeks off since schools are closed. So it all depends on the category your employer falls into.

Just be sure to follow company policy when it comes to taking PTO. And remember that employers don’t necessarily have to approve it. Especially if it will leave your employer short-handed.

Do I really owe taxes on a lump sum from unused paid time off? https://t.co/MMs4nJT2Xo pic.twitter.com/RmTTh7fvwO

— lehighvalleylive.com (@lehighvalley) July 9, 2020

Can an employer revoke PTO?

There’s no federal law requiring that employers give employees vacation or sick leave. And only a few states require that employees be given sick leave.

Because of this, there is no law preventing your boss from denying PTO, even after it’s been approved. (source)

So yes, your employer can revoke your PTO.

But it’s very unlikely; especially if you work for a reputable company. To be competitive and get (and keep) good employees, employers will offer PTO.

Any company that pulls PTO will get terrible reviews on Glassdoor. And they will have a really hard time keeping talented, hard-working employees. Right now there may be more people looking for jobs than there are jobs available. But that changes from year to year and city to city.

A good employer values their reputation in the workforce. Another thing that will ruin a company’s culture and reputation is gossiping.

When you work with a lot of other people, gossip is a natural by-product of that. While sometimes harmless, it can often be considered “creating a hostile work environment.”

Gossip is mean-spirited and not appropriate in the workplace. If you engage in it, you can end up jobless.

I wrote this recent article where I discuss the pitfalls of gossiping in the workplace and how it can lead to disciplinary action.

Just click the link to read it on my site.

If you have a PTO (paid time off) bank, use it. It is a part of your compensation.

It is important to take time off away from work to recharge.
Take a roadtrip.
Explore your own city. pic.twitter.com/9yhFsi1qGW

— Sarabeth, my crazy matches his #couplegoals (@SarabethUrech) July 2, 2020

What happens if I don’t use my PTO?

If you’re given PTO, you should definitely use it. Taking PTO can often feel like you’re doing something wrong. Sometimes it can even put you in a negative light and affect your career advancement.

That was especially true for me as a leader for Whole Foods. I had been there so long, I got 6 weeks of PTO each year (which luckily rolled over). But I never took that much time off out of fear of how my bosses would perceive it.

But PTO is there for a reason. Some studies show using your PTO days can be beneficial for your health and well-being.

One recent study found that vacationing more could actually be considered a risk-reducing lifestyle change. In fact, people that took the maximum 15 days of PTO faced a 1% probability of developing metabolic syndrome (risk of heart attack & stroke).

People that didn’t take any vacation days had a 47% probability of developing metabolic syndrome!

But if you are adamant about not taking any PTO, it’s really going to depend on your employer.

Some employers will allow you to roll over vacation days. This means that last year’s unused PTO will carry over into the next year, with some sort of cap on the amount of accrued days.

Some employers will let you “cash-out” those days, and just give you a check for the value of the days.

Others will have a “use it or lose it” policy, meaning that if you don’t use your PTO days, you’ll lose them. You’ll have to wait until next year to go on vacation.

So dust off that handy dandy employee manual and take a look. If you’re going to lose your days, you may as well take them. That’s why they give them to you, after all.

“After I came back from the vacation I got fired, since then I’m trying to work full time… https://t.co/vXwATJvyZW pic.twitter.com/u84L1Ae80h

— The Phoblographer (@Phoblographer) August 10, 2017

Can I be fired after returning from vacation?

Employees can be fired for anything that’s not protected by the Equal Employment Opportunity Commission (think gender, race, pregnancy, and disability), particularly if they are an at-will employee.

That means they live in a state in the US that is considered an “at-will” state.

An at-will employee can be fired at any time, for any reason, with a few exceptions that would violate federal employment law, like discrimination.

I go into a lot more details about what an at-will state is, including a state-by-state guide, in a recent article geared towards firing employees with a bad attitude.

Just click the link to read it on my site.

Now, having said that, I firmly believe that employers have a moral obligation to be firm, fair, and consistent. And an obligation to make expectations and consequences crystal clear.

So if you’ve followed your company handbook, that spells out company policy, including the PTO policy, you shouldn’t get fired.

If you do get fired, and you’re surprised by it, I implore you to take a deep look inward.

Are you a team player? Do you do the minimum, or do you really give it your all? Did you come back from vacation when you were supposed to?

If you are genuinely surprised by being fired, then that’s a sign of poor leadership, and a reflection on your boss more than it is on you.

Today I’m grateful for a job with paid time off. #gratitude pic.twitter.com/9XID67dC4y

— John Sextro (@johnsextro) July 2, 2020

Does my employer have to give me time off if I have PTO?

There’s no federal law requiring that employers give employees vacation or sick leave. And only a few states require that employees be given sick leave.

As a result, this means they don’t have to give you time off if you have PTO.

Not only would it be bad practice to just deny employees PTO that they’ve accrued, but it would also be morally and ethically wrong.

However, it is perfectly reasonable for some employers to have “blackout” dates where you’re just not allowed to use PTO. Black Friday and big holidays for retail workers, for example, as I got into above.

Or if they have a policy that only one employee can be out at a time, and someone is already out the week you want to take off.

Or if everyone wants the Monday after the Superbowl off. It’s just not feasible.

If you’re asking for PTO at a time that could hurt your employer, or if it’s going to leave them short-handed, then they can, and probably should deny your PTO request.

Good employers try to be fair and reasonable, even when it comes to firing employees. That’s why it’s unlikely that you’ll ever get fired over the phone.

Unless of course, you’re just impossible to reach.

Read this recent article geared towards employers about firing employees over the phone if you want the scoop on how you could get fired over the phone.

Just click the link to read it on my site.

Final Thoughts

Every state or even local municipalities may have different laws regarding the use of PTO.

Generally, if you have accrued PTO, and follow company policy, you won’t be fired. Just be sure to follow company policy and return to work when scheduled.

Keep in mind that companies value employees who come in as scheduled, have good attitudes, and are generally team players.

If that sounds like you, you should be good to go on that vacation!

Anyone who has ever worked a job has the occasional bad day. And we’ve also all seen those toxic employees who just always seem to complain maliciously. But as a boss, can you fire an employee for talking bad about the company?

Yes, you can fire an employee for talking bad about the company if it happens at the workplace. In an At-Will state, employees can be fired at any time for any reason. But even in other states, creating a hostile work environment is definitely grounds for disciplinary action, up to, and including termination.

I’ve had the benefit of over two decades of experience in management positions at Whole Foods Market. Naturally, I’ve hired thousands of people and fired a few people too.

In this article, I’ll share highly effective strategies you could apply.

Let’s get started.

What do you do when an employee talks bad about you or the company?

First off, evaluate how serious their comments are. Grousing after a bad day or a day when your staff was shorthanded is normal. If it’s not serious, dismiss it. But, if it’s serious, it’s time to nip it in the bud.

After all, a toxic employee left unchecked can destroy the morale of the productive members of your team. The good people on your team are counting on you to keep the morale high in the workplace. If someone really negative, bitter, or angry is just allowed to continue that makes you look bad, not the toxic employee.

Then, take an informal meeting with the employee. Let them know what you heard (but not who you heard it from). Then listen to their own side of the story.

Encourage them to come directly to you with future issues or complaints. Make sure you have an open-door policy and don’t get super defensive when provided with critical feedback.

If the incident occurs again, have a formal meeting with them.

The formal meeting would ideally be:

• Witnessed by another person in a leadership or HR role
• Documented (in case you later need to escalate it or let them go)
• Cut and dry (stick to facts)
• Make sure they are clear than any future incidents will lead to disciplinary action that could ultimately result in them being fired

Some might realize they’ve messed up, big time, and may apologize, while others may act as if they’ve been misunderstood and that what you’ve heard is not actually what they said.

If an employee is remorseful, it’s okay to forgive and let them know that what they’ve done is unacceptable and should not repeat itself.

I know what you might be thinking: Can I fire someone if they persist in gossiping and bad-mouthing the company? That’s exactly what I addressed in-depth in a recent article of mine. I also gave practical suggestions on how you could get rid of workplace gossip. Just click that link to read it on my site.

But, first things first, what is a negative employee?

Interesting perspective and questions …. 4 Interview Questions to Avoid Hiring Toxic Employees https://t.co/xJTyc93c8t pic.twitter.com/wuCaITSu68

— Heather McElrath (@HeatherMcElrath) June 25, 2020

What is a toxic employee?

It’s quite simple: a toxic employee harms the business. They foster a hostile work environment that destroys a company’s morale, culture, and bottom line.

They come in different styles though:

• There’s one who is hard to work with, who leaves misery in their wake
• Some just like to stir up drama and gossip
• Some are always late or sick, have a million excuses, and ultimate force their teammates to work harder to pick up their slack
• Lastly, there’s the individual who sees nothing good in the company and loves telling anyone that’d listen.

Ultimately with this last kind, in most cases, their deep unhappiness is rooted in them and has nothing to do with the company, boss, or co-workers

Interestingly, some of them may be meeting certain performance goals, but the fact remains that they’re harming the business!

And as I mentioned above, when the bad eggs are left unchecked, the good eggs will either leave or sink to their level. Ultimately, they’ll come to blame you for not dealing with it much more so than the bad employee who started it.

Your Rights in At-Will States Like Florida https://t.co/NztZC32D01 pic.twitter.com/S8QA6Jjw5w

— Wilson McCoy, P.A. (@WilsonMcCoyLaw) September 25, 2017

Which states are At-Will states?

An at-will employee can be fired at any time, for any reason, with a few exceptions where it would violate federal employment law, such as discrimination. (source)

At the same time, at-will employees can quit at any time, without notice; so it works both ways.

There are a few exceptions though.

If you work in the public sector, are a union worker, or if you are refusing to violate public policy, you cannot be fired for no discernible reason.

A few states also have limitations in place, in addition to federal law.

If you are a citizen of one of the states listed below, you should check out those laws and regulations as it relates to employee’s rights. These states have various limitations and restrictions as it pertains to at-will employment.

Here are all of the at-will states:

Alabama	Missouri
Alaska	Nebraska
Arizona	New York
California	North Carolina
Delaware	Pennsylvania
Florida	Rhode Island
Georgia	Texas
Indiana	Utah
Louisiana	Virginia
Massachusetts	Wyoming

Truth:
– There is no perfect science when hiring a new employee.
– But, one bad member….
– The entire team will suffer. pic.twitter.com/KZckrjZ1p7

— H1ddenProfit$ (@Leveraged925) November 17, 2021

How do bad employees affect a business?

Bad employees are incredibly harmful to a business because they affect other employees negatively and may also be saying bad things about the company to outsiders. This is because what an employee says about a company carries a lot of weight since outsiders are likely to believe them.

And as you know, bad news spreads fast.

Imagine, for example, if a reporter were to interview such a bad employee and false information is offered and subsequently aired on T.V.

The negative tales could even find its way into the social media space, and that’s poison for any business because once it goes viral, it’d be extremely difficult to undo the harm. And as we all know, information reported on social media (or the internet at large) often gets accepted as fact, even if it’s totally off-base.

Even if these bad employees don’t talk to outsiders, they still do immense harm within the company. Their attitude gradually fosters a highly hostile work environment that affects morale and productivity negatively.

Ultimately, it will hurt employee loyalty, since some employees may start dreading being close to such toxic employees, so much so that it creates a stressful atmosphere for the former.

In fact, it may lead to reduced productivity. There are even cases where people leave the company because of such bad employees. This is understandable because when people have choices, they’d rather not work in an environment that makes them unhappy.

So, how do you approach such an employee?

When supervisors says an employee has a bad attitude, this is what they actually mean: https://t.co/TCHoKANAQg pic.twitter.com/mCzD0kiYxA

— Forbes Leadership (@ForbesLeaders) June 27, 2016

What to say to an employee with a bad attitude

I always had a saying of “firm, fair, and consistent”.

In other words, be clear about your expectations, be clear about what happens if they fail to meet the expectations. Then hold everyone, yourself included, to the same standards. Don’t leave room for any ambiguity.

That just makes everything so much simpler.

Have face-to-face meetings with the employee, where you calmly discuss their negative attitude, and how it’s impacting or likely to impact other staff and the company. Stick to the facts, don’t get defensive, and stay calm; even if they don’t.

Ideally, there should be at least one other member of management or HR at this meeting.

This shows the employee in question the seriousness of the issue and the other person may be needed as a witness, someday. Also, make sure that while the door is closed (so the conversation stays private) that they are closest to the door (so they don’t feel or are later able to claim, they were trapped).

Remind them of the relevant sections of the company policy handbook. But, if there’s none, tell them about the few unwritten standards of behavior, expected of them in the workplace.

Ensure that your conversation with them is humane because how you treat one employee sends a signal to others. In an attempt to solve the problem, you don’t want to unwittingly foster an atmosphere of insecurity.

Tell them without mincing words you expect them to change, within a specific period, and that repeated offenses will lead to further disciplinary action that could ultimately result in them being terminated.

In effect, they are on probation. The fact is that most people won’t change unless they know there’d be negative consequences if they don’t.

But what happens if they refused to change?

Don’t let one employee’s bad attitude spoil the bunch. Learn how to confront sour workers without creating a confrontation. https://t.co/nrPT4e01NV pic.twitter.com/LsnpkzgwuO

— Broadvoice (@broadvoice) December 9, 2018

How to fire a toxic employee

The first thing you’d need to do when you’re absolutely convinced a toxic employee must be fired is to ensure that your actions are in line with the company’s HR policies (if any) and the laws of the land.

The last thing you or the company needs is a protracted legal battle. This will also help when they inevitably file for unemployment.

If truth be told, firings are unpleasant for both parties.

In fact, they’re highly emotionally charged. Before or during the process, never allow the employee to annoy you to a point where you lose your temper or say or do anything they could use against you.

Keep the conversation brief, professional, and clear. 

After all, by the time you reach this point, and the decision has been made to fire them, the time for discussion and back and forth is done.

Of course, you also want to make sure that all their infractions have been adequately documented, and are reflected in their file. You can’t rely on only verbal exchanges. These can be easily misconstrued and distorted.

And, except in extremely rare cases, you don’t fire them after the first infraction.

You’d warn them, in writing, for the first two infractions. But, the third time it happens, it should also be the last time. Then, you’d be doing the right thing if you gave them the pink slip. A recent article of mine goes into details on the specifics.

Just click that link to read it on my site.

Final Thoughts

Before you even consider firing an employee, it’s vital to note, that from a legal perspective, not all forms of toxicity are grounds for terminating the employment contract. And, you’d need to confirm if you’re operating in an ‘at-will’ state.

In such states, you can fire employees for any reason, as long as you’re not being discriminatory. So, it’s smart to consult an attorney if you’re not sure.

You’d want to fire them in a face-to-face meeting, even if they’ve done something terrible, they still deserve respect. The truth is that how you fire employees reflect on you and the company.

You’ll want to check out a recent article of mine where I shared details on why it’s not okay to fire employees on the phone, even though it’s legal. I also shared situations where that might be the only option. Just click that link to read it on my site.

Truth be told, dealing with toxic employees is extremely unpleasant for everyone.

But it has to be done. We’ve learned how to approach employees who are fond of saying negative things about a manager or the company.

We explored how to identify toxic employees and the immense harm they cause. We also looked at what to say to them, and lastly, what to do if they refused to change.