In order to get what I won in arbitration, can they make me sign away my employee rights?

M.B.
Safford, Arizona

Answer: M.B.: First and foremost, congratulations on standing up to both sexual harassment and false evaluations!! The more that people stand up for themselves at work, the easier it will be for others to do so. In fact, the more that people stand up for themselves at work, the less that other people will have to. Hat’s off to you!!

Now, let me address your question:

1. When an employee and an employer settle a dispute between themselves – without having to go through a full arbitration or a trial – almost always, as part of the settlement deal, the employer wants, and gets, a full waiver and release of all other claims. This is part of every kind of settlement, whether it is over a car accident or malpractice by a doctor. The idea is this: if we are going to settle, we are going to FULLY settle. So, when things are settled, a full waiver and release of other claims is almost always part of “the deal.” Otherwise, the parties would be concerned that a new arbitration or litigation would start the next day, and the fighting would never be over. It’s like a peace treaty at the end of a war.   

2. However, when an arbitration panel renders an “award,” or a jury renders a judgment (such as your reinstatement), the employer cannot then place conditions – such as a waiver or release of other claims – on its obeying the judgment. By that time, it’s just too late. When the employee wins – like you did – the employer has no say in the terms or the conditions of the final award or judgment. It lost its chance to do just that when it failed to settle beforehand.   

3. But, you must read the arbitration “award” of the arbitrators carefully, for it might cut off certain of your “rights.” It is possible that you (or your attorney) raised, say, four claims, and that the arbitration award dismissed three of the four. In that case, you would have no right to again raise any of those other claims. Also, arbitrators’ authority to make any “award” they wish – even an award that might cut off certain of your rights – is almost unlimited. You, and your attorney if you used one, must read the arbitration “award” very carefully to ensure you know what it is you won, and whether the award, itself, might have cut off any of your future rights.

M.B., bottom line is you won, and you have a right to whatever you won without your employer now having any right or way to put “strings” on your getting what you won. It had a chance to settle, but failed to do so. That was their mistake, and your good fortune for standing up and lasting it out.

Again, M.B., hats off to you!! Hope this helps. Thanks for writing in. 

Best,
Al Sklover

P.S.: Need Domain Name registration, Web Design or Internet Hosting Services? Consider clicking our Display Ad for GoDADDY.com. They help us help you.     

Repairing the World –
One Empowered and Productive Employee at a Time ™

© 2012 Alan L. Sklover, All Rights Reserved.

- Susan Wendell

ACTUAL CASE HISTORY*: Richard, 39, very much enjoyed his career as the Nursing Supervisor of an Emergency Department of a well-known hospital. After college and three years of military service, he had returned to community college to get his RN. As often happens to people who enjoy their work, Richard did well, and was rewarded with added responsibilities, which led to promotions. He even started a small side business helping employers design procedures for dealing with employee medical emergencies.

Every now and then – and then with increasing frequency – Richard felt himself becoming annoyed with people who mumbled when they spoke. At work, it made his job quite difficult, as his Emergency Department duties often required rushed, yet detailed, communications regarding medical emergencies. Even at home, though, his wife and children seemed to mumble or slur their words. Richard’s usual response was, “I’m sorry, could you please repeat that?” It was his wife who first suggested that he have his hearing checked out. Sure enough, Richard had suffered a moderate hearing loss, and the prognosis was that the condition would likely continue to worsen. And, over time, it did.

At first, Richard thought he could simply compensate for the condition by listening more intently, and even by getting closer to people when they spoke. While he did eventually start using a hearing aid, his particular hearing disorder was not fully addressed by it. It was not only exasperating to Richard, but it began causing difficulties for his colleagues at work, too.

Fortunately for Richard, his wife did some research, and found that the Americans with Disabilities Act, a federal law, permitted him to request accommodations to his hearing disability. After consulting with an audiologist, Richard submitted to his employer a written request for specific, reasonable accommodations to his limited hearing.  

The accommodations Richard requested were: (i) an electronic connection to his work telephone that printed on a screen what people said, called a “text telephone,” (ii) moving his office to a quieter part of the hospital because loud ambulance sirens drowned out so much of what people said to him, and (iii) installation of lights to alert Richard when his phone would ring, or fire alarms would sound. Within two months, all three accommodations were provided.   

With these accommodations, Richard was better able to perform his daily job responsibilities, he was able to continue to enjoy the many benefits his job provided him, and of course to support his family.

LESSON TO LEARN: Title I of the Americans with Disabilities Act of 1990 (often called the “ADA”) requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless doing so would require an undue hardship to the employer.

The basic idea of the law is this: no one should be denied a job because they suffer from a disability. It is a grand, noble and practical law, because it allows so many people of great abilities, experience and attitude to remain productive employees, who might otherwise unnecessarily be without a livelihood, to the detriment of our entire society.   

[Incidentally, besides requiring reasonable accommodations to disabled persons, the ADA also prohibits discrimination against disabled persons in all employment practices, including job applications, hiring, firing, advancement, compensation, training and other terms, conditions, and privileges of employment.]

Even though you may not be disabled in any way, one day you may be. And, too, someone you care about will likely one day become disabled in some way. It is for these reasons that you would be “work wise” to understand how to successfully request an accommodation at work under the Americans with Disabilities Act.  

WHAT YOU CAN DO: Here is what you can do to help yourself, or a loved one, if faced with the need for an accommodation to a disability:  

A. FIRST, YOU MUST UNDERSTAND THE SIX BASICS OF THE ADA LAW. The ADA provides that if you are (1) a “protected employee” with (2) a “disability,” (3) who is “qualified” for the position, (4) and the disability is “known” to your employer, then by the ADA you’re entitled to a (5) “reasonable accommodation” (6) unless it will cause your employer an “undue hardship.” So, let’s see, by reviewing each of these six “tests,” if you are entitled to an accommodation from your employer under the ADA:  

1. Are you a “protected employee” under the ADA? – Both employees and applicants for employment are covered by the ADA. Your employer or prospective employer – which includes private employers, state and local governments, employment agencies, and labor unions – must have 15 or more employees in order to be covered by the ADA law.

2. Do you have a “disability?” – A “disability” is defined as a “physical or mental impairment that substantially limits one or more major life activities,” such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. A “record” of having a disability would cover, for examples, a person who has recovered from cancer or mental illness, or who has a severe facial disfigurement because an employer feared the possible negative reactions of customers or co-workers. A minor non-chronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

3. Are you a “qualified” individual? – In order to be protected by the ADA, you need to be “qualified” for the job, which means a person who meets legitimate skill, experience, education, or other requirements of the position, and who can perform the essential functions of the position with or without a reasonable accommodation. For example, it would not seem that a blind person would be “qualified” to drive a bus with or without an accommodation.

4. Is your disability “known” to your employer? – Only “known” disabilities must be accommodated. The “known” requirement will generally be satisfied by a request from an employee for an accommodation, provided of course that the employee describes the disability in his or her request. However, if an employer “is aware” that an employee has a disability which impairs the employee’s ability to request an accommodation, or communicate the need for one, then the “known” requirement is deemed met.

5. What is a “reasonable accommodation?” – A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified job applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodations also include adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to employees without disabilities. Accommodations must be made on an individual basis, because the nature and extent of a particular disabling condition and the requirements of a particular job will vary in each case.

6. However, an employer does not have to provide an accommodation if it would pose an “undue hardship” on it. – Even if you’ve met all of the other five eligibility requirements noted above, your employer does not have to provide an accommodation to your disability if to do so would impose an “undue hardship.” “Undue hardship” is defined as “an action requiring significant difficulty or expense” when considered in light of a number of factors, including (a) the nature and cost of the requested accommodation, (b) the size, resources, nature and structure of the employer’s operation, and (c) is determined on a case-by-case basis. If a particular accommodation would cause an “undue hardship,” then the employer is obligated to suggest an alternative, and to provide the employee the opportunity to pay a portion of the cost.

For example, if you work for an employer who is one person, and has no staff, and your employer has a total gross revenue of $100,000, if your requested accommodation is for your employer to build an elevator in the office building where you work, and to do so would cost your employer $500,000, that undoubtedly would be considered an “undue hardship,” and your employer would not have to provide it.

B. NOW, HERE’S HOW TO REQUEST AN ACCOMMODATION FOR A DISABILITY. The ADA does not require that employers provide an accommodation to a disability until and unless it knows of that disability. That is the reason for submitting a written request, so that you can establish (i) what you made known to your employer, (ii) when you made it known, and (iii) to whom you made it known. While the law does not require that requests for accommodations be in writing, simple common sense and caution do require that a written request be submitted.  

7. Before preparing your Request, review your employer’s Employee Handbook. – Many employers have put into place policies and procedures – and even required Request Forms – for employees to request an accommodation to a disability. For this reason, the first place to start is your employer’s Employee Handbook, or company policy manual or website. You may also wish to simply drop an email to your Human Resources representative to ask “What are our policies and procedures for requesting accommodation to a disability, and is a certain form required?” That said, some people might caution against doing so, because until you submit your own written request, you have few legal protections from, for example, your suddenly being chosen for “downsizing.” You can always submit the employer’s required form after you submit your own written Request.

8. Before submitting your Request, also check your state’s laws on the subject. – While the ADA provides considerable support for disabled employees seeking accommodations, some states go further. Consider spending a few minutes to do a simple online search: simply put the name of your state and “request for disability accommodation” into a search engine, and review a few of the results that come up. You may have more state-law-based rights than the federal ADA provides.

9. For several reasons, your Request for an Accommodation must be in writing. – Anything of importance that needs to be communicated to your employer should always be put into writing. This way, what you expressed can’t be forgotten, it’s less likely to be ignored, no one can claim you expressed it either in a loud tone or with “an attitude,” it makes it easier for your recipient to be certain of what was expressed, and it can easily be forwarded to another person. Additionally, placing such communications in writing allows you to make a permanent record of your respectfulness, professionalism, flexibility and reasonability.  

10. Likewise, your Request should be sent by email, FedEx, UPS or two of them. – It’s always important to transmit important documents or communications in ways that allow you to verify that it was received. Email and recognized overnight couriers are the best. Some people use two, just to make sure. If your employer requires your request be submitted online, we suggest you send a second copy by email.

11. Your Request should be transmitted to both your supervisor and a Human Resources representative. – If your employer’s policies or procedures do not require otherwise, we suggest you transmit your Request for an accommodation to two people: your immediate supervisor and your Human Resources representative. This way, even if one is on vacation, or loses your email, the odds are miniscule that the other will, too.

12. Your Request should address each of the Six Basics of the ADA law described above. – After briefly introducing yourself and your reason for writing, you should briefly follow points 1 through 6 above, of course including relevant details about yourself, your job, your disability and your requested accommodation, that is: (i) you are a protected person under the ADA; (ii) you have a disability; (iii) you are qualified for your job; (iv) you are now (or have previously) making your disability known to your employer; (v) describe your requested accommodation; and (vi) give reasons why you believe your requested accommodation is not an “undue hardship.”

13. Consider attaching medical documentation if appropriate. – If you believe it would be appropriate, we suggest you attach to your Request documentation regarding your disability, which might take the form of (a) letters from doctors or therapists, (b) laboratory reports or diagnostic findings, and (c) articles from journals about your disability and how it may be accommodated.

14. Conclude your Request letter with four “Smaller Requests.” – There are four “smaller requests” that we usually recommend be incorporated into the conclusion of your Request letter: (i) that your personal and medical information be kept as strictly confidential as possible, (ii) that you not be retaliated in any way for submitting this Request, (iii) that any questions, comments or suggestions be forwarded to you by email, and (iv) your Request letter be responded to within a reasonable period of time, perhaps suggesting two weeks, but in all events not setting any “deadline.”

For your use and convenience, we offer a Model Letter Requesting an Accommodation for a Disability that you can adapt to your own facts and circumstances. If you would like to obtain a copy to use as a model, simply [click here].

No one’s body and mind are entirely free of limitations. For those who, by heredity, accident, disease or other reason have a significant limitation on the functioning of their bodies, maintaining employment may require extra efforts. It is simply wonderful that our U.S. Congress has risen to the occasion – in effect, elevating us all – by passing an important law that enables the disabled to be productive at their workplaces. These rights are precious, and like all that is precious, deserve to be “handled with care.” We hope these pointers, hints, and guidelines both encourage and enable you to do just that, for yourself and for your loved ones.                                       

SkloverWorkingWisdom™ emphasizes smart negotiating – and navigating – for yourself at work. Negotiation and navigation of work and career issues requires that you think “out of the box,” and avoid risks at every point in your career. Knowing ways to lower and eliminate risks gives you a distinct advantage in navigating workplace life. Knowing ways to avoid and resolve disputes is even more advantageous. Learning the “in’s and out’s” of doing so is what we are here for. Now it’s up to you.       

Always be proactive.  Always be creative.  Always be persistent.  Always be vigilant. And always do what you can to achieve for yourself, your family, and your career. Take all available steps to increase and secure employment “rewards” and eliminate or reduce employment “risks.” That’s what SkloverWorkingWisdom™ is all about.

*A note about our Actual Case Histories: In order to preserve client confidences, and protect client identities, we alter certain facts, including the name, age, gender, position, date, geographical location, and industry of our clients. The essential facts, the point illustrated and the lesson to be learned, remain actual.     

Please Note: This Newsletter is not legal advice, but only an effort to provide generalized information about important topics related to employment and the law. Legal advice can only be rendered after formal retention of counsel, and must take into account the facts and circumstances of a particular case. Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. 

Repairing the World,
One Empowered – and Productive – Employee at a Time™

© 2012, Alan L. Sklover All Rights Reserved. Commercial Use Prohibited.

“The best passion is compassion.”

- Jamaican Proverb

Sure, sure, sure . . . that sure sounds like an awfully lofty thought. But do you understand that compassion will help you keep your job, and get promotions, raises and better bonuses, too? Compassion exhibited at appropriate times, in measured and meaningful ways, is the number one source of personal bonds and valuable relations at work . . . with subordinates, with colleagues, with superiors, with customers, with potential customers, and with everyone else, as well. Compassion is so rare these days that even just a little bit is often experienced by others as nothing less than wonderful. Radiate compassion at work, and there’s no doubt you’ll attract it, too, to your and others’ mutual and lasting benefit.

© 2012 Alan L. Sklover. All Rights Reserved

This would explain why my reputation is so terrible. I’ve been passed over for three jobs that I applied for within the company as well as several other projects I’ve volunteered for. I am a “runner,” not a “walker,” always at the top of my game, eager to please and work hard to make accomplishments. How do I correct this situation?

Norma
(City and State Not Specified)

Answer: Dear Norma: Reputation repair is a particularly vexing problem. It takes a lifetime to build a good reputation, and only a minute – or a mean person – to ruin one. Here are my thoughts.    

1. Ultimately, it is good work and good relations that build a solid – and almost unshakeable – reputation. There have been so many times in my life that I have heard things said about people I know – and people I know to be great people – that I simply WILL NOT believe unless I see proof of what is being said. We all know that people sometimes start malicious rumors, have jealousy in their hearts, and have self-interest in mind when they say bad things about another person, and so, hopefully, bear in mind “innocent until proven guilty.” For this reason, the ultimate way to dispel a bad reputation is to remain unflappable, and earn and then re-earn your good reputation each day by good work and good relations. There is nothing more effective or more long-lasting than that in “un-building” a poor reputation.

2. Make a proactive written request for an independent, objective new performance review for each of the years in question. Your letter indicates that you have filed a “report” but does not say if (a) it was written, or, more importantly, (b) if it made requests in order to “solve the problem.” Don’t make the big mistake of waiting for Human Resources to come up with solutions for you; you must aggressively and persistently stand up for yourself. Your first written, proactive request – to solve the problem caused by your supervisor’s actions – should be for a new, independent and objective performance review for each of the years in question. It should be written, sent by email, respectful, and to the point: a problem exists that requires a prompt solution.

3. At the same time, make a proactive written request for an “Action Plan” to remedy the wrongful situation. It appears quite likely that your supervisor may have violated two important company policies: (i) retroactive alteration of Performance Reviews, and (ii) breach of confidentiality regarding them. Because “you never get unless you ask,” I would suggest you make a concrete, detailed and practical “Action Plan” for your (a) transfer from your present supervisor, (b) promotion into a different role, and (c) ideal career path for your future, and submit it to your supervisor’s supervisor and Human Resources representative. A transfer, promotion and new position in which to rebuild your tarnished reputation is probably the most valuable goal you can achieve.     

4. Never forget: persistence pays off like nothing else does.  Merely making a report or complaint rarely gets correction of a serious wrong. You need to follow up, sometimes repeatedly. Sometimes it takes going “higher up,” as well, to make it certain that you are not going to “fade away” without correction of what has happened. In each instance, you might remind people that you are only doing what is right, what is in keeping with company policies, and intended to correct a problem, not cause one. You might also consider making mention that it is your hope and expectation that you will not be retaliated against in any way for these efforts.

Norma, anyone faced with a problem reputation at work has an uphill climb in front of them. Don’t despair: a determined person can overcome any obstacle, and this is one many people do, in fact, overcome. Make a plan, proceed with that plan, and stick to that plan, with persistence and then more persistence, and you have every chance for succeeding. 

Thanks for writing in. My bet is on you!!  

Best,
Al Sklover

PS: Our Model Letters help people stand up for themselves at work. If you or a friend is soon to face a Severance, Resignation, Bully Boss, Performance Improvement Plan, or other workplace problem, consider a Model Letter as a “Helping Hand Gift.” 

 Repairing the World –
One Empowered and Productive Employee at a Time ™

© 2012 Alan L. Sklover, All Rights Reserved.                                                                             

I am 53 and too young to retire early, which requires being 55 years old, when I could collect $780 a month, far less than I need.

Our problems began three years ago, when my back problems got out of hand . . . I had one minor surgery, and one major surgery. Can I get unemployment?

Help, I am in a panic!

Sincerely, C.K.
Vancouver, Washington

Answer: Dear C.K.:   

1. First, and above all else, DO NOT PANIC; by definition, it cannot help, but only hurt you. That is step one. Thinking clearly is not possible when you are in a panic. Acting wisely is not possible when you are in a panic. Take steps to reduce your anxiety, including exercise, prayer, meditation, or speaking with loved ones. Get a bit of extra sleep, if you can. This, above all else, is your number one task.  

2. From your letter, it seems you may have a basis for a claim for “perceived disability” discrimination. Your letter suggests that you believe your attending to your physical illness, and perhaps the principal’s view of how you handled it, may be the root cause of the problem. In the limited information available to me, it seems that you have always been a teacher who meets “standards,” and now believe your back problems, and your back surgeries, were the beginning of the problem with the principal. It is possible, too, that your principal came to view you at the time of your surgeries as ineffective, lazy, undependable, or being too sick for the job. If that is the case, you may well have a basis for a claim of disability discrimination. As a general rule, the law protects people not only who are disabled, but who are “perceived to be disabled.” In your case it is quite possible that (a) you were actually disabled three years ago, and (b) you are disabled – or are perceived by the principal to be disabled – today.     

3. Second, consider whether your school district, or your union (if you are a union member) have established procedures for filing such a grievance or claim. In an unobtrusive manner, if possible, try to find out if your school district or union have established procedures for filing a grievance of claim on this basis. If so, get the application materials, fill them out, and submit them. If there is no established procedure, then create one: write up and submit by email or FedEx a letter to the School Board President registering your protest against being treated in the way you have been all because you are perceived negatively due to your past – and perhaps present – back problems. As a general rule, an employer cannot be held responsible for discrimination of any kind unless you have made it aware of the problem by filing a complaint. Do this as soon as possible.  

Should you want a Model Letter for Complaining about illegal discrimination that you can adapt to your particular facts, events and circumstances, just [click here].  

4. Fortunately for you, Washington State law defines “disability” discrimination to include “perceived” disabilities. Under Washington State law, “disability” is defined as “the presence of a sensory, mental, or physical impairment that is medically cognizable or diagnosable, or exists as a record or history, or is perceived to exist whether or not it exists in fact.”

5. Third, after filing a disability discrimination complaint with your School District, file a disability discrimination complaint with your State Human Rights Commission. Fortunately for you, the Washington Human Rights Commission has a very user-friendly website that makes filing a complaint of disability discrimination pretty easy. Its website address is www.hum.wa.gov. and the forms to file a complaint are all there, online.

6. As to unemployment, if your contract is not renewed for “not meeting standards,” I believe you will quite likely be deemed eligible for unemployment benefits. From everything I have read on the website of the Washington State Employment Security Department – www.esd.wa.gov – considering your facts and circumstances, you would seem to qualify for benefits.

C.K., make a plan, and then follow that plan, and you’re much more likely to reach a positive goal. I am certain that, so long as you do not panic, things will work out for you far more than you expect. With all your experience as a teacher, if I was a betting man, I would bet on you!

Thanks for writing in. I’ll say an extra prayer for you.  

Best,
Al Sklover

P.S.: If this has been helpful to you, please consider making your next travel reservations through our blogsite’s EXPEDIA.COM advertisement. That is what supports our efforts.

 Repairing the World –
One Empowered and Productive Employee at a Time ™

© 2012 Alan L. Sklover, All Rights Reserved.

I understand this is different from a non-compete clause, but I am wondering if your advice for dealing with non-solicitation is similar to your advice on non-compete’s.

Specifically, when/how should I inform a prospective employer? I do not think this non-solicitation will have much applicability to the role I am being considered for. What is the best way to convince a prospective employer that this should not be a concern?                                                       

Terry S.
Centerville, Ohio

Answer: Dear Terry:  

1. Generally, you should handle a non-solicit the same way you should handle a non-compete. Both are restrictions on your future employment that you have agreed to, and that you need to take into account in your future interviewing and working. Both requires a degree of care and thoughtful concern to avoid a “career crash.”

2. Bear in mind your employer may have ideas about your future activities that you do not.  It is not at all uncommon for an employer and an employee to have different ideas of how the position will play out. For example, while you may believe you are going to supervise salespeople from the home office, your employer may believe you will make sales calls with your subordinates. Your idea of the position would not be a clear violation of the restriction, while your boss’s idea may be a clear violation. It is not uncommon for these different perspectives to remain dormant in interviews, either intentionally or unintentionally. So, while you don’t think there will be a problem, better to raise the point before taking the job, and not after.

3. Wait until you have an offer in hand, and then raise the subject. As I suggest regarding non-compete’s, I think the right time to raise the issue – if your prospective employer has not already raised it – is when you have a job offer in hand. It is best raised in a late-stage interview, after you have been offered the job, and it is best raised by (a) providing a copy of the clause, (b) accompanied by a letter that explains your view that it should not be an obstacle to hiring, and (c) the reasons why. That letter should address the subject clearly, in good faith, but without identifying any of your present employer’s customers – that could put you in jeopardy of sharing confidential trade secrets.

Terry, we offer a Model Letter entitled “Disclosing Your Non-Compete to a Prospective Employer” that you might adapt and use for this purpose. If you’d like to obtain a copy, just [click here].  

4. Non-solicitation provisions are easier to “work around” than are non-compete’s. One thing that differentiates non-solicits from non-compete’s is that you and your employer can often take steps to ensure that you avoid violating a non-solicit’s effects. These steps might include: (a) identifying all of those clients you should not have any contact with, (b) assigning those clients to other employees, and (c) alerting other staff (such as receptionists or call center personnel) of the need to avoid accidentally referring calls, letters or inquiries to you.

Thanks for writing in, Terry, and allowing me to illustrate these points. You are truly “work-wise” to consider this potential stumbling block, and to consider how to overcome it. Good luck in your transition. 

Best,
Al Sklover

P.S.: If this has been helpful to you, please consider making your next travel reservations through our blogsite’s EXPEDIA.COM advertisement. That is what supports our efforts.

 Repairing the World –
One Empowered and Productive Employee at a Time ™

© 2012 Alan L. Sklover, All Rights Reserved.

“Victory is not won in miles, but in inches. Win a little now, hold your ground, and later win a little more.”

- Louis L’Amour

In navigating and negotiating for yourself at work, consider a concept called “platform negotiating.” Its essential point is described in the quote above. If you can’t get a raise now, perhaps you can consider seeking a better-sounding title, less travel, working from home one day a week, or appointment to a critical committee, none of which costs a dollar, but each of which may be “priceless” to you. Each is a step forward, and can build a “platform” from which you may later request that raise, promotion, bonus, or whatever is on your “big-goal” list. Step by step, inch by inch, forward, forward, forward . . .

© 2012 Alan L. Sklover. All Rights Reserved

. . . more and more employers do not want your resume’, but instead want to see your BLOG?  

According to a recent article in the Wall Street Journal, more and more employers are asking job applicants for – are you ready? – their “web presence,” such as their Twitter account, Tumblr blog, or even a short video demonstrating their passion for the open position.

IGN Entertainment, a division of media Giant NewsCorp., makes video games. To gauge job candidates’ thinking abilities, they turn away resumes, instead asking applicants to engage in online challenges. One question: “Estimate how many pennies, side by side, would it take to cross the Golden Gate Bridge?”

Why the new trend? Perhaps it’s because in 2011 Starbucks received 7.6 million resumes, Google two million, and Proctor & Gamble over one million. And many resumes seem prepared by professionals, devoid of the human touch and spirit.

And speaking of Google, its Staffing Director says he is especially interested in work experience and extracurricular activities such as working as a house painter or touring with rock bands, to determine if you and Google culture would be a good fit.

The times they are a’changing. Ladies and gentlemen: Start up your blogs

© 2012 Alan L. Sklover All Rights Reserved. Commercial Use Prohibited.

Note: From Farmington Hills, Michigan, comes this great suggestion about how we can improve our blog, which we have considered and decided to act on:     

“I love your website, and all the articles and videos! Thank you for trying to help the average (and not so average) workers out there!

The only subject that I would like to see covered in more detail is the Americans with Disabilities Act (ADA), and requesting accommodations under that law. It is a complicated route for workers, and I myself had requested an accommodation, but I was misinformed of the requirements, and ended up losing my job. I think it would be a great service for your followers. Thanks for reading.”      

Angelyn
Farmington Hills, Michigan

Dear Angelyn,

THANK YOU SO MUCH for taking the time to make your suggestion. It is a great one, and we have decided to act on it. We are working on a Newsletter on the ADA, and a Model Letter to assist people in requesting accommodations under the ADA.  

I really mean it when I say that I appreciate the help of our “Blog Family” in improving this blog, and in helping others with what we have to offer.  

Very Best,
Al Sklover

Note: More and more, we are getting inquiries about Bully Bosses and other Bullying at Work. As we have noted, more and more states are considering laws to make such misconduct illegal, to which we can only say “IT’S ABOUT TIME.” Here’s a note from a member of our Blog Family who urges help in getting this kind of legislation a reality:

“Just wanted to pass this information along after watching a news report on CBS about bullying at work. Several states have passed what they call Healthy Workplace Laws. This is the same bill that the New York State Senate has on record, and is something that needs to be supported, passed, and made into law. Senate Bill S4289-2011 would establish a civil cause of action [that is, a way for a person to sue] for employees who are subjected to an abusive work environment. http://open.nysenate.gov/legislation/bill/S4289-2011. It is happening every day, and it is emotionally and physically painful.”  

Gayle
New York, New York

Dear Gayle,

Good information and good to hear. I can’t tell you how many clients come to me with horrific tales of what is happening daily at work. While we are in increasingly stressful work environments,  that is NO EXCUSE for what seems to be going on every day in so many workplaces. I encourage our Blog Family to give support to these legislative efforts.

Very Best,
Al Sklover

Note: At the end of each year – and at other times, too – we pause to give Thanks for those who read, enjoy and contribute to our blog. Dan is one of those whose support over the years has been especially heartening. This is his recent note to us:     

“Your end-of-year note of appreciation is truly inspirational. Well done. You, through linkage to my blogroll, make a huge contribution to my blog’s readership. [http://blog.nesacs.org/]

Your site uses terrific art of expression, respectful, and in-depth commentary and provides resources that none compare to.

Many, many thanks.”     

Dan
Boston, Massachusetts

Dear Dan,

The ability of the internet to create and maintain helpful bonds is sometimes overwhelming. It’s support and encouragement from people like Dan that literally keeps us going. Thanks, Dan, as always.

Very Best,
Al Sklover

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Note: A few months ago, we published a newsletter entitled “Want to See Your HR File? Here’s How.” It is a simple guide to doing so, but resulted in a lot of positive feedback. This short note was particularly enjoyable.

“Thanks. This is EPIC. I’m going to be getting my HR file. This is very important info. You are life savers.” 

Hallo
(City, State Not Specified)

Dear Hallo,

The information in your HR file can have great consequences to your career. To make sure it is correct, and complete, is a worthwhile task. Though not every state and not every employer permits this, it never hurts to try. Thanks for your “EPIC” note.  

Very Best,
Al Sklover

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We LOVE feedback of every kind. Your taking a minute to drop us an email would be so very much appreciated. Please keep email inquiries to 100 words or less; briefly worded inquiries do get priority.

Six months later a new CEO has been hired, and he terminated the three individuals about whom I raised the ethical issues. Now several managers and staff have asked me to contact the new CEO and meet with him and ask for my job back.

How do I tackle this? I loved my job, but don’t want to go through rejection twice. Thank you for your advice.

Lori
Kennewick, Washington

Answer: Dear Lori: Here are my thoughts:

1. First let me salute you for standing up and speaking out about ethics concerns. It takes a special person to do what you did. Though it has hurt you job-wise to do what you did, I hope you know that, if it wasn’t for the courage of people like you, our world – for all its present problems – would not be as good a place to be alive as it is. The courage you have exhibited is the basis of important lessons written about even in the holiest of Books over the thousands of years.         

2. Rejection bothers some people a whole lot more than it bothers other people. Please do not think I am trivializing your concern about rejection, but I do want you to know that rejection bothers some people more than others, and different kinds of rejection seem to make a difference in that regard, as well. Being rejected by, for example, your parents, siblings, spouse, close friends or children is perhaps the most hurtful kind of rejection, as it is so close to our sense of who we are. Being rejected by a new friend, or someone you would like to date, or work for, is usually experienced as less hurtful. Being rejected by a potential employer hurts, but surely it should not get in the way of regaining a job you admit you “loved.” I ask you to ask yourself what about this particular potential rejection makes you so fearful of it. Might you be giving in to a fear of hurt that has little true basis, or is it a remnant of an experience long ago, or of a different kind?  Sure, it may be hurtful, but understanding that it should not be so hurtful may – and  I think will – help you cope with it.

3. My own sense is that a possible brief period of hurt should not be permitted to deny you a lifetime of possible happiness.  Lori, I don’t know you, or your background or experiences, but I do suggest you consider the question “Why should a brief time of possible disappointment deter me from possibly having a lifetime of ‘loving’ my job.” While life is full of “risk-versus-reward” decisions, this one seems to weigh quite heavily toward taking the risk of a brief “hurt.”   

4. Even if the new CEO says, “No Thank You” to your overture, that should not be interpreted in any negative way about you.  Your letter to me is quite clear that your being “laid off” had nothing to do with who you are as a person, or your conduct, or your performance of your job. Said differently, it seems you know full well that your being “laid off” was not a rejection of you, but rather a retaliation for your courage. If the new CEO does not agree to take you back, there may be many different reasons for that other than a view that you would not be a valuable employee. It could be politics. It could be finances. It could be any number of things, all of which are distinctly unrelated to you. Bear that in mind.

5. Please – Do not live in fear, or fear to live. In so many ways we all live in fear, and so, in this way, we fear to live. And, too, so many of our fears are not as “scary” as we often make them out to be. A great deal of my purpose in writing this blog is to convince people of just that: at work, do not be fearful, for to do so is self-defeating. There is enough difficulties in our daily lives; we don’t need to create any more by ourselves. I urge you, as one human being to another, to please try to “see through” your own fears of rejection in this context.  

6. The welfare of others – especially love ones – sometimes prods us to take chances that we would not otherwise take for our own welfare. If you have kids, do they sometimes like to eat? Do you want them to be able to go to college? If you have parents, might they need a bit of help in their later years? More visits now? If you have siblings, might they some day need a loan or other helping hand? You never know when you will want to respond to help someone you love when they need a loan, a lift or a lifeline. Thinking of things in those terms might just make it easier for you to take a chance and seek the ear of the new CEO, despite your concern about rejection.

Lori, I hope you can overcome this fear of rejection. Your former managers want you to do so. Your former colleagues want you to do so, and I am convinced you want to do so, too. Go ahead, take a chance, you really have nothing to lose and everything to gain.

I hope this has been helpful. Thanks for writing in. Now go for it, please!

Best,
Al Sklover

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