Contract, freelance and temp workers are the second-class citizens of the workforce.
That’s just how it is folks. You’re not a full-time employee with health benefits, sick time and vacations days. And adding insult to injury, an employer can kick you out the door when ever the heck he or she wants.
Michael D., a long-time contract engineer for a major computer company on the West Coast, recently went through this indignity. But his kick-out-the-door was worse than most. He was ousted because he ate a manager’s salad by mistake, a Caesar salad to be exact.
I’m not kidding. I called the contracting firm that got him the job in the first place, and they say the guy had a great record with the company until the salad incident.
I suspect these kind of bizarre stories will become a workplace mainstay because the number of temp and contract workers is exploding thanks to employers who want to do anything they can to cut the biggest expense on their balance sheet — workers. I recently wrote about this growing trend for MSNBC.
But Michael’s story is particularly disturbing.
He worked in an office that often put left-over food from parties, or meetings in conference rooms. On this fateful day, he went in and got some of a huge salad he thought was destined for the trash. But it actually belonged to the senior vice president of finance in his department.
“How this happened is that food is often left in conference rooms throughout the day and we also get served dinner in the evenings. I passed by this conference room and it had all the markings of left food. This salad was not in a small bowl but in a large bowl suited for many people. I served myself, left the room and returned to my desk.
Moments later, I was verbally accosted by two women, whom I assume was his assistants, and they told me how I should be ashamed that I took this food. Of course, I apologized profusely and sent an email to my department manager letting him know of the incident. He did not return my emai). Later that day, I went the the department admin letting her know of the incident and also to find out who the vice president was and the two assistants who humiliated me in front of my coworkers.
The next day, as I returned from lunch, I was met by HR, and two other individuals in the lobby of my building and they asked for my badge and was immediately escorted out of the building.”
The day before the salad tragedy, he had just gotten kudos for his work.
“I had a meeting with my manager and he stated that I was doing a great job and I was an asset to the organization.”
Well, not as much of an asset as the salad it turns out. (I’m going to be referring to the episode as SaladGate from now on thanks to @cspod that coined the phrase on Twitter this morning after reading this post.)
So, Michael wants to know what his rights are. I contacted a labor lawyer I respect, Hanan Kolko, and he told me Michael doesn’t have much of a case.
“Legally, it sounds like they guy is out of luck,” Kolko said, adding that if he had a contract that bound him to the company for a certain period of time, or he feels his employer discriminated against him for some reason, things would be different.
But for contract workers like Michael, they have few rights in the work place. There are some groups trying to change that.
Such transient workers have no protections and benefits of being full-time employees, including unemployment insurance and some labor laws. Contingent workers typically don’t get sick or vacation days, retirement accounts or health coverage. “Companies want a more flexible work force, but we have to think about what’s the next way we’re going to protect people,” said Sara Horowitz, founder of Freelancers Unions.
Her group wants laws on the books protecting you temps, freelancers and contractors. But such protections may be a long time coming.
For now, people like Michael have little recourse when they face such injustices.
But Kolko suggested he go back and try to explain himself again to the company. “Under the facts you describe, the guy should make a pitch to HR that his firing was not fair. While HR is normally toothless, these are pretty strong facts. He has nothing to lose by trying that route.”
Maybe someone at the company has some sense. Even Julius Caesar would have shown this poor guy some mercy.
If you have an advice for Michael, pass it along. He’s weighing his options as we speak.
August 2nd, 2010 at 12:31 pm
Tell Michael he can send his resume to brooke@vmware.com
August 2nd, 2010 at 2:15 pm
What a nice offer Brooke. I passed along your info to Michael.
I’ve been getting a lot of legal and HR advice for him, but a potential job lead…wooo, hooo!
August 2nd, 2010 at 6:00 pm
Micheal needs to cut his losses and move on. When a company wants to get rid of you they will, even with the flimsiest of excuses. Star performers and keepers do not get the boot over a salad mix up. I’m not saying he is not a good employee, I’m saying someone at that company does not value his work over the price of a salad. It is time to move on.
August 2nd, 2010 at 8:20 pm
Wow…this story is crazy, depressing, and scary! I hope Michael’s next employer is more sensible.
August 2nd, 2010 at 8:29 pm
@ DJ - Yes, he should “move on” but I think its awesome that Eve posted something that others would have looked over and said, “tough luck”. Things like this happen in the workplace all the time and people have lives, we’ve become very insensitive to the lives of working people in America
August 2nd, 2010 at 10:57 pm
what happened is horrible, but perhaps now’s the time for him to consider that career that wasn’t practical or viable so long ago…try to find the silver lining and reinvent himself!
Tammy
August 3rd, 2010 at 4:03 am
Kudos to Brooke! Hang in there Micheal XXOO Way to go Eve!
Although we all think moving on is a good idea, it is better to leave behind a good impression when you go, so I would actually skip the the HR crap and write to the VP directly about how this situation all came about and CC the HR. Micheal’s already out and likely not going to be asked back any time soon, so what the hey. The VP’s probably only heard the side of the Admins who are covering their asses!
Also, even if this business practices putting food out - a sign designates ANYTHING up for grabs - never assume always ask. The people doing this practice should take a lesson in how it could hurt others by not being more specific. If it doesn’t have a sign - don’t touch.
August 3rd, 2010 at 4:10 am
PS Did the VP know anything about it or was he the one that got pissed because he left his lunch in the conference room? I bet you a bottom dollar he doesn’t know anything about how left overs are fair game practice…
August 3rd, 2010 at 10:18 am
Wow. So what you’re saying is managers and companies want to increase the license they already have to treat employees poorly, with no accountability? I suppose that’s hardly news.
August 5th, 2010 at 12:35 am
This was a pretty interesting story. I feel bad for the guy. It doesn’t sound, however, like he has any recourse. He was undoubtedly an “at will” employee who can be fired for any reason at all, including no reason. That would be true here in Hawaii, where all employees are considered “at will” unless they have a specific contract (and even then the “at will” part is almost always a part of the contract). Employees, both full time and part time, have very little protection when it comes right down to it. And you’re right, that’s hardly news.
August 11th, 2010 at 9:50 pm
What’s up with this practice of providing food at company expense to people who should be able to afford to pay for their own? (If I owned stock in that company I’d want some answers as to how this affects the bottom line.) But then to have the peon fired for eating leftovers!?! Who does this VP think he is, Tsar Nicholas? Well, it will certainly make me think twice when a candidate for political office includes in their credentials that they were a manager at XYZ Software.
August 11th, 2010 at 11:51 pm
Let them eat… salad?
Off with the head of that VIP! Talk about an exaggerated sense of self-importance.
The company that summarily fired Michael D. has a long-standing custom in place allowing for the eating of food abandoned in conference rooms. The onus for putting up signage to the effect that the food was not available for the taking should have been on the provider. This was nothing but an unfortunate accident on Micheal D.’s part, and a cruelty on the part of the company.
That company makes millions on the backs of long-term contract employees that it pretends are not good enough to hire. This is immoral. They should be forced to hire those that they bring back, year after year, to work for them.
Restore the 10%!!!!
August 14th, 2010 at 3:15 pm
Wow! That is by and far the most ridiculous reason to fire someone EVER! It’s a salad for crying out loud. It’s not as if you can’t get another one. It’s not like he took your parking space or anything.
August 24th, 2010 at 5:24 pm
I knew this person who got let go (I was his mgr.), a very solid worker and really good person to be around. At Microsoft, if you are told by your VP to let someone go, you don’t argue.