Is this illegal?

[FinStar]

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@Open123 wrote:

The legality of the practice is determined by the State. 

For instance, in CA, the practice of requiriing a person to buy an employer's product or service as terms of employment is illegal.  So, you can check with your State regarding the practice.

As to complaining, whether the practice is illegal or not, and even though punitive reponse is strictly prohibited, it retribution happens all the time in a corporate environment.  From my perspective, if you work for me, and complain about having to use my product (especially if it's free and beneficial to you), I may not respond with punitive action, but you will surely *never* be promoted beyond where you are for so long as I run things.

So, as they say, there are times when discretion is the better part of valor. 

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+1

Great perspective Open123. 

[FinStar]

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@chwebb1 wrote:

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@Open123 wrote:

The legality of the practice is determined by the State. 

For instance, in CA, the practice of requiriing a person to buy an employer's product or service as terms of employment is illegal.  So, you can check with your State regarding the practice.

As to complaining, whether the practice is illegal or not, and even though punitive reponse is strictly prohibited, it retribution happens all the time in a corporate environment.  From my perspective, if you work for me, and complain about having to use my product (especially if it's free and beneficial to you), I may not respond with punitive action, but you will surely *never* be promoted beyond where you are for so long as I run things.

So, as they say, there are times when discretion is the better part of valor. 

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To me, taking a hard credit pull as part of the terms of employment, and the hit to AAoA, both of which need to be carefully considered before applying for any credit, especially credit you weren't planning on applying for in the first place, and may or may not have benefits to you directly, is reason enough to complain. When I apply for credit, I factor how much a new credit card will benefit me (ie rewards, interest rate, etc) vs the negatives (hit to AAoA and hard pull). Everybody else should look at this when they apply for credit, too.

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Another item to consider, while the practice may appear shady/unethical on the surface, we're talking about employment-at-will.  The OP (or anyone) was not forced to take employment on this premise.  He/she can simply decide not to take the job just for that specific reason and/or file a complaint if appropriate depending on your State's laws.

[Open123]

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@FinStar wrote:

Another item to consider, while the practice may appear shady/unethical on the surface, we're talking about employment-at-will.  The OP (or anyone) was not forced to take employment on this premise.  He/she can simply decide not to take the job just for that specific reason and/or file a complaint if appropriate depending on your State's laws.

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Right, in State's such as CA where this practice is illegal, they've broken the law.  Not only complain, but sue them.

In States where the practice is legal (however distasteful we may find the practice), either agree to the conditions, or seek employment elsewhere.  Unless it's illegal, complaining however emotionally satisfying, won't lead to anything fruitful.

[longtimelurker]

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@Open123 wrote:

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@FinStar wrote:

Another item to consider, while the practice may appear shady/unethical on the surface, we're talking about employment-at-will.  The OP (or anyone) was not forced to take employment on this premise.  He/she can simply decide not to take the job just for that specific reason and/or file a complaint if appropriate depending on your State's laws.

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Right, in State's such as CA where this practice is illegal, they've broken the law.  Not only complain, but sue them.

In States where the practice is legal (however distasteful we may find the practice), either agree to the conditions, or seek employment elsewhere.  Unless it's illegal, complaining however emotionally satisfying, won't lead to anything fruitful.

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But this is Sears, who are capable of hiring good lawyers, so I would be surprised it the instructions violate the law in any state. It's probably phrased as a suggestion rather than a requirement, or there are notes that any practice conflicting with local, state or federal law should not be used etc.    Which isn't to say you couldn't win, but may not be worth it.

Unfortunately, and it seems the OP sort of agrees, easiest thing to do is to suck it up and just note that the HP stops impacting your score after a year.   Keeping a job can be much more important.

And to back up Open123's point:  I've seen a lot of people in my big company who have made good valid challenges to ongoing practices, the practices are modified, but, surprise surprise, the complainers seem somehow to find the careers totally sidelined.   Loyalty is really prized above everything else.

[FinStar]

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@longtimelurker wrote:

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@Open123 wrote:

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@FinStar wrote:

Another item to consider, while the practice may appear shady/unethical on the surface, we're talking about employment-at-will.  The OP (or anyone) was not forced to take employment on this premise.  He/she can simply decide not to take the job just for that specific reason and/or file a complaint if appropriate depending on your State's laws.

---

Right, in State's such as CA where this practice is illegal, they've broken the law.  Not only complain, but sue them.

In States where the practice is legal (however distasteful we may find the practice), either agree to the conditions, or seek employment elsewhere.  Unless it's illegal, complaining however emotionally satisfying, won't lead to anything fruitful.

---

But this is Sears, who are capable of hiring good lawyers, so I would be surprised it the instructions violate the law in any state. It's probably phrased as a suggestion rather than a requirement, or there are notes that any practice conflicting with local, state or federal law should not be used etc.    Which isn't to say you couldn't win, but may not be worth it.

Unfortunately, and it seems the OP sort of agrees, easiest thing to do is to suck it up and just note that the HP stops impacting your score after a year.   Keeping a job can be much more important.

And to back up Open123's point:  I've seen a lot of people in my big company who have made good valid challenges to ongoing practices, the practices are modified, but, surprise surprise, the complainers seem somehow to find the careers totally sidelined.   Loyalty is really prized above everything else.

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+1

Exactly, good points.

[enharu]

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@FinStar wrote:

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@longtimelurker wrote:

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@Open123 wrote:

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@FinStar wrote:

Another item to consider, while the practice may appear shady/unethical on the surface, we're talking about employment-at-will.  The OP (or anyone) was not forced to take employment on this premise.  He/she can simply decide not to take the job just for that specific reason and/or file a complaint if appropriate depending on your State's laws.

---

Right, in State's such as CA where this practice is illegal, they've broken the law.  Not only complain, but sue them.

In States where the practice is legal (however distasteful we may find the practice), either agree to the conditions, or seek employment elsewhere.  Unless it's illegal, complaining however emotionally satisfying, won't lead to anything fruitful.

---

But this is Sears, who are capable of hiring good lawyers, so I would be surprised it the instructions violate the law in any state. It's probably phrased as a suggestion rather than a requirement, or there are notes that any practice conflicting with local, state or federal law should not be used etc.    Which isn't to say you couldn't win, but may not be worth it.

Unfortunately, and it seems the OP sort of agrees, easiest thing to do is to suck it up and just note that the HP stops impacting your score after a year.   Keeping a job can be much more important.

And to back up Open123's point:  I've seen a lot of people in my big company who have made good valid challenges to ongoing practices, the practices are modified, but, surprise surprise, the complainers seem somehow to find the careers totally sidelined.   Loyalty is really prized above everything else.

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+1

Exactly, good points.

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+2. Just treat it as 1 HP for a job I suppose. Not exactly "fair" or ethical, but what's most important is to keep your job.

[longtimelurker]

And as bonus advice for those starting out in mega-corporate:  

Longtimelurker's #1 warning sign:  If your boss says something like "I don't just want a bunch of yes-men", he/she really does!   

[FinStar]

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@longtimelurker wrote:

And as bonus advice for those starting out in mega-corporate:  

Longtimelurker's #1 warning sign:  If your boss says something like "I don't just want a bunch of yes-men", he/she really does!   

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LOL - so true!

[enharu]

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@FinStar wrote:

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@longtimelurker wrote:

And as bonus advice for those starting out in mega-corporate:  

Longtimelurker's #1 warning sign:  If your boss says something like "I don't just want a bunch of yes-men", he/she really does!   

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LOL - so true!

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Which is why companies emphasize on the importance of being a "team player" during interviews!

[gen-specific]

learn to say no and walk away