Reader: Last year, I filed a complaint with the Equal Employment Opportunity Commissionagainst my boss and his boss. I have not discussed this with others in my office, hoping all will be resolved through mediation.
Recently, I have noticed an odd chill among my colleagues toward me. I was being considered to work on a team, but another person is now listed as doing what I would have beeninvited to do. I am suspicious that the top boss is expressing negative opinions about me.
I have (had?) a good working relationship with my colleagues, and I think some or all of them are caught in the middle. I do not wish to give them any reason to believe whatever trash they might have heard. Do I say anything? I have legal representation and have submitted multiple complaints, including complaints based on retaliation.
Karla: As gut-wrenching as it is to think of people in power targeting you, it could end up working in your favor if they are. Employment lawyers (reminder: I am not one) have been telling me for years that what most often gets employers in trouble is not harassment or discrimination complaints, but the consequent retaliation. If management is taking potshots at you behind the scenes, they may well end up shooting themselves in the foot.
In an FAQ, the EEOC lists three elements necessary in determining whether retaliation has occurred:
Prior protected activity taken by an individual. Examples include filing a discrimination complaint or assisting in an investigation. It doesn’t matter whether the allegation was confirmed or any evidence of discrimination was found.
A “materially adverse action” taken by the employer against that individual that might deter a reasonable person from engaging in protected activity. Adverse actions can range from firing, demoting or disciplining someone to excluding them from meetings, events or opportunities they would otherwise have been invited to participate in.
A causal connection between the protected activity and the adverse action. This can be hard to prove, but the EEOC notes several kinds of evidence that can indicate a retaliatory motive. For example, if an employee who has received only glowing performance reviews in the past suddenly receives a negative review after filing a harassment complaint, that may suggest retaliation. (The EEOC notes, however, that if your performance has worsened or you have engaged in misconduct, filing a complaint won’t automatically protect you against discipline or termination.)
So: Is your employer retaliating against you? I honestly have no idea.
The chill you’re detecting from your colleagues and the evaporation of an opportunity you were expecting could be signs of retaliation — or they could be attributed to general stress or the emergence of a stronger candidate.
It’s been months since you filed your initial complaint, so it might seem too much time has passed for the current goings-on to be related to your complaint. (It’snot uncommon for cases to take this long; the EEOC itself says it can take around 10 months to investigate a charge of discrimination.) But managers familiar with anti-discrimination law would presumably know that any drastic backlash right after you filed would immediately incriminate them, whereas a slow-burning back-channel campaign of casual insinuations and criticisms could cause you just as much harm while providing a smokescreen of plausible deniability for them.
For now, listen to your instincts, and start keeping journals and saving emails that detail what has changed and how it’s affecting you. Your legal team might be able tosuggest questions you can ask at work. Be careful with this tactic, though; if you have been advised not to discuss your allegations until the situation is resolved, you have to abide by that guidance.
I realize not being able tosay anything in your defense when you suspect others are tearing you down is probably the worst part of all this. But trust your legal team’s judgment on when to speak up and when to stay silent to help your case. Trust that people who know you best will assume you are acting with integrity even when you can’t talk about it. And try to keep demonstrating that integrity in everything you do.
Reader Query: Have you faced retaliation in your workplace? Share with me at [email protected] (unless, of course, your lawyer has advised you not to).
Stock traders on the floor of the New York Stock Exchange.
Michael M. Santiago | Getty Images News | Getty Images
Many large U.S. companies have seen their stocks swell since the presidential election.
The top 10 performing stocks in the S&P 500 index saw returns of 18% or more since Election Day, according to data provided by S&P Global Market Intelligence, which analyzed returns based on closing prices from Nov. 5 to Nov. 20.
Two companies — Axon Enterprise (AXON), which provides law-enforcement technology, and Tesla (TSLA), the electric-vehicle maker led by Elon Musk, an advisor to President-elect Donald Trump — saw their stocks gain more than 35%, according to S&P Global Market Intelligence.
By contrast, the S&P 500 gained about 2% over the same period.
‘Usually a bad idea’ to buy on short-term gain
Investors should be cautious about buying individual stocks based on short-term boosts, said Jeremy Goldberg, a certified financial planner, portfolio manager and research analyst at Professional Advisory Services, Inc., which ranked No. 37 on CNBC’s annual Financial Advisor 100 list.
“It’s usually a bad idea,” Goldberg said. “Momentum is a powerful force in the market, but relying solely on short-term price moves as an investment strategy is risky.”
Investors should understand what’s driving the movement and whether the factors pushing up a stock price are sustainable, Goldberg said.
Why did these stocks outperform?
Lofty stock returns were partly driven by Trump administration policy stances expected to benefit certain companies and industries, investment experts said.
Deregulation and a softer view toward mergers and acquisitions are two “key” themes driving bullish sentiment after Trump’s win, said Jacob Manoukian, head of U.S. investment strategy at J.P. Morgan Private Bank.
Relying solely on short-term price moves as an investment strategy is risky.
Jeremy Goldberg
portfolio manager and research analyst at Professional Advisory Services, Inc.
Additionally, U.S. regulators will likely be much less stringent about allowing potential mergers during Trump’s second term, experts said.
Companies in the streaming ecosystem — like Warner Bros. Discovery (WBD), which owns the Max streaming service, and Disney+ owner The Walt Disney Co. (DIS) — may be benefactors of looser rules around consolidation, they said.
Rosy earnings and AI
For some stocks, outperformance was tied to rosy quarterly earnings results or guidance that some companies reported around or after Election Day, experts said.
Many such businesses cited artificial intelligence as a growth driver.
For example, Palantir Technologies (PLTR), cited “unprecedented” demand for its AI platform in the third quarter, helping deliver “exceptionally strong” earnings, Treasurer and CFO David Glazer told investors Nov. 4.
Likewise, Axon beat analysts’ estimates in its Nov. 7 earnings results, with officials touting its “AI era plan” and raising earnings guidance, Goldberg said.
Axon and Palantir stocks were up 38% and 22%, respectively, from Nov. 5 to Nov. 20, according to S&P Global Market Intelligence.
Some companies benefited from a combination of policy and earnings, experts said.
Rows of servers fill Data Hall B at Facebook’s Fort Worth Data Center in Texas.
Paul Moseley/Fort Worth Star-Telegram/Tribune News Service via Getty Images
Take Vistra Corp. (VST), an energy provider, for example. The company’s stock jumped 27% after Election Day.
Vistra is in talks with large data centers — or “hyperscalers” — in Texas, Pennsylvania and Ohio to build or upgrade gas and nuclear plants, Stacey Doré, Vistra’s chief strategy and sustainability officer, said on the company’s Q3 earnings call Nov. 7.
Tesla’s stock got an “Elon Musk premium” from Trump’s victory, said Goldberg of Professional Advisory Services.
Musk, Tesla’s CEO, was one of Trump’s top campaign backers. Trump tapped him to co-lead a new Department of Government Efficiency. Shares of the electric-vehicle maker soared 14% the day after the election and almost 30% by week’s end.
President-elect Donald Trump and Elon Musk talk ring side during the UFC 309 event at Madison Square Garden on Nov. 16, 2024 in New York.
Chris Unger | Ufc | Getty Images
But Tesla stock has additional tailwinds, experts said.
For one, Trump wants to end a $7,500 federal tax credit for EVs. Scrapping that policy is expected to hurt Tesla’s EV rivals.
Tesla has also been developing technology for driverless vehicles. In Tesla’s recent earnings call, Musk said he’d use his influence in Trump’s administration to establish a “federal approval process for autonomous vehicles.”
The break from the bills is likely a relief to the many federal student loan borrowers enrolled in the Saving on a Valuable Education plan, known as SAVE. But it may also be causing them anxiety over the fact that they won’t get credit on their timeline to debt forgiveness.
For example, those also enrolled in the Public Service Loan Forgiveness program, who are entitled to loan cancellation after 10 years, have seen their journey toward that relief halted during the forbearance.
“Borrowers are frustrated about the delay toward forgiveness,” said higher education expert Mark Kantrowitz. “They feel like they’ve been waiting for Godot.”
Here’s what borrowers enrolled in SAVE should know about the delay to debt cancellation.
Delay could stretch on for months
In October, the U.S. Department of Education said that roughly 8 million federal student loan borrowers will remain in an interest-free forbearance while the courts decide the fate of the SAVE plan.
A federal court issued an injunction earlier this year preventing the Education Department from implementing parts of the SAVE plan, which the Biden administration had described as the most affordable repayment plan in history. Under SAVE’s terms, many people expected to see their monthly bills cut in half.
The forbearance is supposed to help borrowers who were counting on those lower monthly bills. But unlike the Covid-era pause on federal student loan payments, this forbearance does not bring borrowers closer to debt forgiveness under an income-driven repayment plan or Public Service Loan Forgiveness.
Adding to borrowers’ annoyance is that “those enrolled in the SAVE Plan were not given the choice of forbearance,” said Elaine Rubin, director of corporate communications at Edvisors, which helps students navigate college costs and borrowing. If borrowers want to stay in SAVE, they can’t opt out of this pause.
Borrowers enrolled in PSLF are especially concerned, Kantrowitz said. That program requires borrowers to work in public service while they’re repaying their student loans.
“They have been working in a qualifying job, but aren’t making progress toward forgiveness,” he said. “Some borrowers are working a job they hate, but are sticking with it in the expectation of qualifying for forgiveness. Others are close to retirement and don’t want to have to work past their normal retirement age just to get the forgiveness.”
What borrowers can do
Despite the delay toward forgiveness, there are still a few good reasons for borrowers to stay enrolled in SAVE, experts say. During the forbearance, borrowers are excused from payments and interest on their debt does not accrue.
Keep in mind: Even if you make payments under SAVE during the forbearance, your loan servicer will just apply that money toward future payments owed once the pause ends, the Education Department says.
If you’re eager to be back on your way to debt cancellation, you have options.
You may be able switch into another income-driven repayment plan that is still available. Under that new plan, you may have to start making payments again. Yet if you earn under around $20,000 as a single person, your monthly payment could still be $0, and therefore you might not lose anything by switching, Kantrowitz said.
Changing plans might be especially appealing to those who are very close to crossing the finish line to debt forgiveness and just want to see their balance wiped away, experts said. (You’ll likely be placed in a processing forbearance for a period while your loan servicer makes that switch. During that time, you will get credit toward forgiveness.)
The Education Department is also offering those who’ve been working in public service for 10 years the chance to “buy back” certain months in their payment history. This allows borrowers to make payments to cover previous months for which they didn’t get credit. But to be eligible for the option, the purchased months need to bring you to the 120 payments required for loan forgiveness.
“The buyback option might be eliminated under the Trump administration,” Kantrowitz said. “So, if you want to use it, you should use it now.”
Buying a dupe — short for duplicates — rose to the top of this year’s holiday wish-lists. A dupe gift is a gift that is a cheaper alternative to a more expensive, branded item. They were largely kept under the radar until recently because a “fake” was dubbed inferior to the real thing, but a lot has changed.
In some cases these brand imitators are now even preferred to their pricier counterparts.
This year, 79% of consumers said they would buy a dupe as a gift for their loved ones for the holidays, according to a survey of more than 1,000 shoppers by CouponCabin.
More than half — 51% — of those that the coupon site polled said dupes are betterthan the original.
Even when consumers can get the real thing, nearly 33% of adults intentionally purchased a dupe of a premium product at some point, a separate report by Morning Consult also found. The business intelligence company polled more than 2,000 adults in early October.
When is a dupe an appropriate gift?
Before you buy a dupe, think about who you’re shopping for, experts say.
For instance, some family members or friends might especially appreciate a dupe for what it is, said Ellyn Briggs, a brands analyst at Morning Consult.
“It’s kind of a badge of honor for young people to get a dupe,” she said.
On the other hand, you risk disappointing someone if they have been asking for a specific product for a while, said Melanie Lowe, CouponCabin’s savings expert.
If that is the case, consider the cost of the name-brand item and assess if it is within budget. The key is to know when to splurge or save, Lowe said.
“If you’re talking about a product that you’ll use daily… invest in the original,” Lowe said. “That purchase is usually worth it.”
Alternatively, “if it seems appropriate in the situation — if it is a more light-hearted gift — you can definitely go the dupe route,” she said.
‘It’s a dupe for a reason’
While some shoppers take pride in buying dupes, roughly 86% of shoppers have been disappointed by their purchase of a dupe, CouponCabin found.
“It’s a dupe for a reason,” said Lauren Beitelspacher, professor of marketing at Babson College. “We don’t know where it’s made, who is making it or the quality.”
“It’s not that all dupes are bad. But sometimes we are paying a premium because there is a quality difference — and we, as consumers, have to be more conscious of that,” Beitelspacher said.
If you want to shop for dupes, read and watch product reviews online to help determine the dupe’s quality — this is where social media can come in handy.
A majority, or 62%, of U.S. adults who use TikTok say they use the app for reviews or recommendations, according to a new study by the Pew Research Center. Others tap Instagram and Facebook for product research.
Shopping secondhand this season
Consumers should make the same value considerations when buying secondhand, which has also become more popular, even for gifting.
Three in four shoppers said that giving secondhand gifts has become more accepted over the past year — notching a 7% increase from the year before, according to the 2024 OfferUp recommerce report. OfferUp, an online marketplace for buying and selling new and used items, polled 1,500 adults in July.
The majority, or 83%, of shoppers are also open to receiving secondhand gifts this holiday season, the report found.
Shoppers have increasingly turned to resale for a number of reasons, including value, sustainability and as a means to secure hard-to-find luxury items. Because secondhand shoppingis considered eco-friendly, it’s also become more socially acceptable. OfferUp’s report credited Generation Z for driving a shift in mindset.
“The stigma around secondhand gifting is rapidly diminishing,” said Todd Dunlap, OfferUp’s CEO.
However, the same buyer-beware mentality applies, cautioned Babson’s Beitelspacher, especially if you are ordering secondhand goods online. “You might not get what you want,” she said.