Intentional company falsehood in job description causing tension with boss [closed]

Question

I got a job at a big name Managed Service Provider (basically IT mercenaries). I was skeptical of MSP work at first but my buddy works on a different team at this office and really likes it, so he put in a good word for me. My position has huge turnover so the company made a 90-day eval to figure out why no one sticks.

First my boss and I were supposed to update the job description to make sure it is accurate to my job experience. The job description says "scheduled on-call rotation", which is not unusual, but in reality the position is unpaid 24/7 on-call. When I pointed this out my boss said "we can't afford to be honest in the job description or no one will apply to 24/7 on-call, we're not changing the job description, let's move on."

Finally we were supposed to discuss ways to improve the position. I said we should clarify on-call expectations (response time, etc.) then set up an on-call schedule. She sighed and said "you're on-call 24/7, end of discussion", got up from the table and walked out. I waited a minute, picked up the eval sheet and went back to my desk.

This was a couple weeks ago, we usually get along and her attitude towards me hasn't changed or anything. But she added an "EVAL DUE" event to my calendar for this coming Wednesday and mentioned HR is still waiting on her to turn in the eval. How can I explain to my boss that I feel deceived, not confident the job will improve and that it needs better work/life balance? Failing that, what can I do about it?

Answer 1

They've admitted that they're lying to you, to every other employee, and to every potential job candidate, and have admitted to you that they intend to continue lying. My advice would be to forego any further conversations regarding this and start looking for a new position somewhere else.

I know "Look for another job" is a pat answer, and is easier said than done, but I don't see you affecting any real change here. Best to cut your losses now then continue on, becoming frustrated and disgruntled, and have that affect your work and your attitude.

Answer 2

My position has huge turnover so the company made a 90-day eval to figure out why no one sticks.

The problematic piece here is the manager, and they are the reason for the turnover. It doesn't make sense that the evaluations go through them.

You tried to do the evaluation with the manager, and they walked out on the meeting. You have attempted to be cooperative with the process and give the manager a chance to rectify the situation.

I get that they may be under budgetary pressure, but that doesn't mean they should falsify the evaluation. If HR want to know the reasons, they should get the reasons. It would be then up to HR to figure out what can be done. HR may also like to know if there are potentially illegal policies in place, which 24/365 support would be in some places.

I normally wouldn't recommend employees go over their bosses head. It certainly can be a career limiting move. However HR are interested in a truthful evaluation, and to be honest, it doesn't sound like you have much to lose.

Answer 3

So, the company wants to know why the position has high turnover, you pointed out a valid, concrete, reasonable reason why the job might have high turnover, and they basically told you to shove it? Yeah, this seems like a successful company, I can't possibly imagine why they have high turnover...

I'm not sure I understand the process here or what's expected of you. It seems like you are supposed to evaluate your treatment at the company and submit that to your boss, who submits it to HR? Except most of the content of the evaluation is evaluating your boss, so your boss can simply reject any evaluation that they don't like.

If this is the situation, here's what you do:

1. Start looking for a new job (I'll get to this in a moment, it's not what you think it is)

2. Submit to your boss some kind of non-answer, something that basically says "I don't know why people are leaving this position, everything is awesome I'm having a great time lol". That's obviously what your boss wants to see, and she'll get mad at you unless you give her that, so massage her ego.

3. Reach out directly to HR and schedule a meeting. When you schedule the meeting, mention to them the following:

• That you are not comfortable with your boss knowing about the meeting
• That the analysis of your job that HR will receive from your boss is not truthful, and that this meeting is to provide the truth of the situation
• That you honestly want to help the company and provide honest, actionable feedback to help the company but your boss is getting in the way

If you have a public calendar that your boss can see, try not to put this meeting on your calendar if you can so your boss can't see it. If you are working from home due to Covid, this makes things much easier. Perhaps schedule it as a "lunch break" and mention to HR that you'll be bringing your lunch to the meeting, and bring something you can eat quickly.

After you're done all of this, attend the meeting and tell HR exactly the same thing you told your boss, that you feel like the 24/7 on-call is pushing people away from the company, that you feel underappreciated/undercompensated/etc relative to what you expected, and so on. Repeat that when you mentioned these things to your boss, she was uncooperative with even acknowledging that these things are issues; you may want to mention that your boss specifically said that she doesn't want to change the JD because she knows if she did then people would be scared off. Basically, dump all the facts on their lap and let them sort out what to do.

Now, it may be the case that "what to do" is to either fire you for being "not a good culture fit", or to bring these issues to your boss in such a way that your boss brings it back to you. In this case, you may come into a position where you are unable to keep the job. This is why, before you do anything, start looking for a new job, so you have a way out if things go south. From what you've said so far, there doesn't seem to be that big of a reason to jump ship now, but the situation may escalate and you should be prepared for that.

Answer 4

Quite some number of years ago I worked for an American company operating in the UK, and it turned out that the boss of the facility was misrepresenting the salary grades of his staff to make his figures look better. When I got a better job and everybody else realised that they didn't have to put up with it there was something that approached a "sit-down strike", and the aftermath of a visit from senior management was that one member of the staff got his salary almost doubled.

The bottom line in OP's case is whether the relevant bits of HR- who might be nowhere near the action- really do understand what's going on. I think my suggestion would be to find out whether there's anybody in a different part of the company with a confidential "counsellor" role who could advise on whether this practice is standard or if it's just one rogue department or location.

In the UK this would almost certainly be something that would interest an industrial tribunal, irrespective of the length of OP's service. But whatever is to be done must be done quickly and decisively: making a row because a new job was described misleadingly won't look bad on OP's employment record, while making waves and stirring discontent after a few months might.

Answer 5

I would advise rotating how you and your manager think about the evaluation to a different perspective.

The purpose of this evaluation isn't to change your work environment personally, it is to identify why they can't keep employees.

The goal of the eval isn't "I demand to match the job description", but rather "one of the reasons why you can't keep employees is because the job description doesn't describe what employees are required to do". And the manager is right, maybe describing the job accurately would also make finding employees harder.

But is hiring an employee who leaves after 2 months a better move than not hiring them? I don't have that information, and your manager might not either.

Take the perspective that you aren't trying to fix your job, you are trying to inform the stakeholders at the company what the cause for the turnover is. Sure, your manager might know about this issue, but others in the company who don't should be informed as well.

Then, someone can decide "is the 24/7 unpaid on-call requirement worth the cost of turnover". That person might not be your manager, as they might not have all of the information.

Maybe the 24/7 unpaid on-call requirement is only boosting profits by 10%, while the turnover problem is costing 30%. Or maybe it is the other way around.

But without that information, that the unpaid on-call 24/7 undocumented requirement is causing turnover, there are going to be people without the information needed to best make the company work.

Your manager appears to be looking at this as if you are disgruntled employee demanding better treatment, and is asserting dominance. But the eval isn't about that. See if you can express that to your manager; the eval isn't about your demands, it is about getting information about a potential problem to the right stakeholders.

Also, you might also need to understand that. The eval doesn't appear to be about fixing your issues, it is about fixing issues for the company. You might have been framing your description of the problem as something unfair to you; reframe it as a problem for the company. I mean, you can always get another job and that policy is no longer your problem; meanwhile the company is stuck with the employee churn so long as the policy holds, or they figure out another way to avoid the churn.

Answer 6

A stupid manager. You won't get anything done by dealing with her.

Ask your mate elsewhere in the business if they know somebody in HR or management who would listen.

I'd go for simple confrontation where it is their problem. When the on-call phone rings say "I'm not on the schedule." and put the phone down. The manager will be furious. Do not answer any follow-up calls. This needs to be played-out in office hours on-site. (Make sure you have HR on instant dial on your phone...) She will 'try to reason with you with a big stick'. If she mentions disciplinary action then say "OK. That's fine by me. Let's get HR involved." Press that button. "Hi HR. My manager is threatening me for not being on-call when she refuses to publish a schedule. How do we sort this out? I'm sitting in their office now."

Get it over and dealt with. Catch your manager when they're angry. Save yourself worry. You're causing them problems of their own making. You need to have a figure for how much on-call you're willing to do and how the roster will rotate. eg 1-in-7 but not always on the same day. You need this because you're going to end up negotiating. Also you need to be friendly with HR and ask to see your record if there's any chance of malicious information from your boss. Invented customer complaints etc.

Good luck. (In the UK) you're on solid legal ground, but that's a last resort when the employer loses their sanity.

Answer 7

I think that you should talk immediately with their HR Department. You are entitled to do this without the manager being notified.

The manager – or whoever defined this position – is most definitely the "bad apple" here. And no, you don't have to put up with it. There are plenty of ways to set up an "on-call rotation," even at the busiest of IT situations, and if they can't find one that's not your problem.

Answer 8

Write up the eval with the issues you see and submit it to your manager by the “eval due” date.

Do NOT go over their heads to HR, you’ll be out of there at their next opportunity.

But also do not accede to any requests to change the feedback. “This is the big problem I see. You may be willing to change it or not, that’s not my problem, but this is why people quit the job, they get bait and switched into an unacceptable work-life balance due to the oncall.”

Then it is your manager’s job to pass it on or redact it or whatever, you’ve done your job.

If there is follow up where HR or anyone asks you, be honest and say “it’s the oncall.” If it gets to “why want they mentioned in the eval sent to us and/or why has nothing been done about it” you say “I’m sure I wouldn’t know.”

The trick here is to do your job responsibly without either becoming a collaborator in your boss’ misguided attempt to hide a problem or deliberately usurping their authority. Be honest but stay in your lane. You can always choose to leave a job, but much of the advice here will necessitate it for no better outcome.

Answer 9

It's too late for you now, but for you later, and for anyone whoever lands on that page always read your contract before signing!

It doesn't matter what your job description is, it doesn't matter what your job title is, it doesn't matter what is written in the ad or what is babbled on the interview. The only thing that matter is your job contract.

All your obligations and priviledges, including your working hours, overtime working, on-call schedule etc. must be written in your contract. Anything that is not written in your contract defaults to the labour laws of the country where you're employed. If your contract allows your employeer to require from you unpaid on-call, then you can't refuse. You can only negotiate, but they are allowed to require from you everything, that the contract allows.

If you're unhappy with your current working situation, the only realistic solution is to change your job. And next time, read the contract!