Big box shops use attorneys to create contracts. Contract common law has a 700-800 year case history. One of the necessary components of contracts is “consideration” (e.g., payment for services). Without the necessary components, a contract cannot be enforced (e.g., I can’t offer you $0.00 with no other benefits for a lifetime of work). If someone enters into a contract, and the other person doesn’t do their part, it’s called “breach of contract”. Breach of contract is grounds for a lawsuit. If the parties never intended to abide h the contract, this is called “bad faith”.
Attorneys are licensed professionals who have to abide by their licensing laws. In contracts, those working under them are considered their agents for whom the attorneys are responsible. It is common courtesy to notify professionals of behaviors that could result in professional sanctions.
Contract breaches happen all the time. So what?
My current landlord in BFE just breached contract for their covered services. So I can quietly except this change. Or hire a lawyer, and stick it to the landlord for this breach and win. But then I don't get my lease renewed, or its gets jacked up in price or the costs associated with this breach get remedied but then get carried forward for the next year, which means I pay for it one way or another - but hey, I can teach the landlord a legal issue, and I get the pride/joy/justice of winning. Or, what I actually opted to do, weighed the pros cons, the money pros/cons, and simply let the breach slide.
Same thing with Big Box shops. You meet with a lawyer, and you'll get 6 different opinions depending on who you consulted with. Some say sue, some say write a letter, some say whatever. But one,
is it worth the money, and two even if you prevail in the end
is worth the cost/time/headache of it all? Then, once you open the lawyer can on your employer, will you even want to stay there? The fact that you are opening lawyer can on employer already shows they aren't a quality place, and won't be afraid to stoop to low levels to get rid of you...
Anecdote One:
HR departments protect the Big Box Shop, and conveniently you might find that you end up on a PIP [Performance Improvement Plan - i.e. paper trail to fire people and reduce post firing lawsuits]. I know of one doc, stellar, caring, professional, true passion for job. Had bad Mid manager and a bad Med Dir. Big Box Shop believed issues in department of mid manager and Med Dir, but yet accusations had no proof, Quality Doc had evidence of no proof to these accusations, too. But because Quality Doc had brought up issues of department and contract, etc, working with lawyer behind the scenes, which Big Box Shop quickly picked up on - they PIP'd the doc as strategic defense move. This doc, stellar for years and the usual hoops of rigorous studies, etc, got labeled as the bad apple and needed to improve performance and meet with HR to correct things. All light fluffy things - yet subjective - but meant to be the paper trail to fire this person and paint the Quality Doc as the bad apple to protect the Big Box Shop. The final outcomes, the Mid Manager was relocated to another department and continued reign of terror, Med Dir got into other trouble, and quit and moved across country, and frontline department breathed sigh of relief both were gone. However, Quality Doc was already the bad apple, and PIP continued to linger, and couldn't ever get meetings with HR to get it lifted or resolved. Quality Doc issues were legit, but conservative lawyer summarized issues were just short of winning in court - offered to proceed and waste money if wanted but routinely noted very low odds of progressing if filed with local court. Quality Doc moved on to greener pastures having learned the lesson of
The Big Box Shop.
Remember Residents and Fresh Attendings, Human Resources is of no value except to insure your W2 is showing all the numbers correctly, and your withholdings are they way you want them. Other than that, they are not your friend, they are not a resource, they do not care about you but are a tool to swat you down to preserve the Big Box Shop.
*and to your point of professional sanctions for lawyers? LOL. That's like ARNPs getting sanctioned by their nursing boards. You hear about it, but I also hear about sasquatch in the woods, too.