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

CREDITSCORE.COM – Get a Free Score; It Could Affect Your Being Hired
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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

PS: If this was helpful, how about a return favor: Next time you need Business Cards, Stationery, Invitations or Photo Books, consider clicking from our homepage display ad for VISTAPRINT.COM. Doing so helps us continue to publish and help others.

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

© 2012 Alan L. Sklover, All Rights Reserved.

“No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. Yes.” [The perfect Job Search.]

- Anonymous

Looking for a job? Been told “No” 999 times? Don’t worry. Don’t fret. Don’t despair. Bear in mind: you’re right on target, statistically and literally. It takes just one “Yes” to make you forget the many “No’s” you’ve encountered on the winding road to success.

© 2012 Alan L. Sklover. All Rights Reserved

Larry
Norwalk, Connecticut

The Short Answer is “Yes.” An employer can always change the terms of compensation with two exceptions: (1) not if a contract says it cannot do so, and (2) not retroactively, but only regarding future efforts, not past efforts. As an aside, many employers are lowering commission rates and instituting caps these days in response to difficult economic times.

Sorry for the news,
Al Sklover

We now offer a
185-Step Guide and Checklist to Succeeding
in Non-Compete Disputes. If interested, just click here.

Question 2: Will accepting severance give up my right to unemployment? I have never been downsized or unemployed my whole life. As of Tuesday, my employer gave me a severance release agreement that needs to get signed and faxed if I accept it. By accepting it, will I give up my rights for unemployment. Thank you!

Everett
Altoona, Pennsylvania

The Short Answer is “No, but it might limit how much you can collect.”  As a general rule, Everett, most states’ laws say that you can collect both severance and unemployment benefits, and your being laid off would qualify you for these benefits. Lately, however, more states are passing laws that say your ability to collect unemployment benefits is limited when you are also collecting severance. Pennsylvania passed a law just last year that become effective January 1, 2012 that does just that.

The new Pennsylvania law’s provisions are a little complicated: The law imposes an offset on unemployment benefits that is calculated by subtracting 40 percent of the “average annual wage” under the Unemployment Compensation Law from the total severance amount. Currently, this “40% of the average annual wage” calculation equals $17,853, which means that claimants can receive up to $17,853 in total severance pay before their unemployment compensation benefits are affected. You might check out the website of the Pennsylvania Department of Labor and Industry at uc.pa.gov for more information on how this works.

Hope this helps,
Al Sklover

Our Most Popular Model Letter is entitled
“Response to Receiving a Performance Improvement Plan.”
If interested in obtaining a copy, just click here.

Question 3: In Georgia, can I stop my former employer from using my voice?” I noticed that you responded to the question “Can I stop my former employer from using my voice on its answering service?” but answered it using California law. I live in Georgia so there may be some differences. Are you able to check on this for me? I do not wish my voice to be associated with a company that laid me off after 16 years and 2 years from reaching my full pension. Obviously, I’m very angry. Thanks for your help!

Diane
Atlanta, Georgia

The Short Answer is “Probably not.”  In states such as California and New York, which are centers of media – not that Georgia is a small town – there exist laws protecting people from the unauthorized use of their photographs, names and voices. In Georgia, while the Legislature has passed no laws like these, the Georgia Courts have provided some protections in these regards, but in a limited fashion. Georgia Courts have recognized a legal right of privacy for the unauthorized commercial use of someone’s identity, but from my own review of those cases, I rather doubt it would extend so far as the use of your voice, especially if it does not obviously suggest your personal identity.

Sorry about that,
Al Sklover

We offer a Model Letter entitled
“Model Response to Job Offer Letter.”
To obtain a copy, just click here.

Question 4: Can an employer insist on asking your age on a job application? You’ve always been so helpful . . . but this has me flummoxed. My best friend applied for a job with a company, and as part of doing that she filled out the job application. Then they left a message on her cell phone saying she didn’t put down her age. Can they really ask her for her age outright like that?

Rita
Palm Harbor, Florida

The Short Answer is “Yes, but . . . ” Rita, asking a job applicant’s age on a job application is not, by itself, illegal, but making an employment decision such as hiring or firing on the basis of age, is illegal. So, for example, if your friend was offered the job, it would seem that the decision was probably not made on the basis of her age.  But asking such a question on a job application is as close as you can come to an admission that you are practicing age discrimination, because it means that, in making the decision about hiring, the employer is probably taking age into account. If your friend does not get the job, and the person hired is younger than she is, she would then have a pretty good basis for a discrimination lawsuit or complaint to a state or federal human rights agency.

Stay young at heart,
Al Sklover

To view our free YouTube Video entitled
“The 7 Timeless Truths about HR,” just click here.

Question 5: While you are on maternity leave, can you be required to check your emails?

Ruby
Florida City, Florida

The Short Answer is “Not if you are on an approved Family Medical Leave Act (FMLA) leave.  Ruby, if your employer has given you a period of time off for maternity, it can set conditions for that time off. However, if you have filed for, and have been certified as eligible, for a leave of absence under the federal Family Medical Leave Act (often called “FMLA” for short), then requiring you to check on your emails would be a violation of your legal rights under that law. Being pregnant qualifies you for coverage under FMLA, but you must fill out the forms, and your doctor must also do so, for you to be covered by FMLA.

If you have filed the FMLA certification forms, and would like to file a Complaint for Violation of your FMLA rights, we offer a Model Letter to do so.
If interested, simply [ click here ].

I pray your delivery is an easy one,
Al Sklover

If We offer a Model Letter entitled
“Model Request for More Severance.”
If interested, just click here.

Question 6: Is it OK to tell my employer I am leaving to spend more time with my children? I am an Information Technology Director for a Fortune 50 company and I have decided to resign for personal reasons. We are having some challenges with work/life balance and it taking a MAJOR toll on our two small children. We have decided it is best at this point for my husband’s career to take the lead and I will stay home. I am not leaving for another job. Is it too much to provide this information to my employer as I know they will ask why I am leaving?

Anonymous
(City and State Not Provided)

The Short Answer is “Absolutely yes.”  Your doing so is fine for several reasons. First, it is so laudable. I tell people that everything I know about children can be illustrated in how they spell the word LOVE:  T-I-M-E. Your values are surely in the right place. Second, it eases any concerns your employer may have about your leaving to join a competitor. Third, it probably keeps the door open to your returning should you decide the time is right to do so. Fourth, it may make it more comfortable to keep in touch with colleagues and friends at work. I salute your decision, and I encourage your openness with your employer in this regard.

Good luck to you!!
Al Sklover

We offer a Model Memo entitled
“Anonymous Complaint about BULLY BOSS.”
To obtain a copy, just click here.

Question 7: Do you know of any statistics on the increased use of unfair Performance Improvement Plans? Alan, I subscribe to your daily email newsletter. You recently mentioned “the worldwide epidemic of PIP’s . . . that have been used in cynical fashion to defeat employees’ rights, interests and earned compensation by intimidation, humiliation and insinuation.” This is EXACTLY what is happening to me right now: the contrivance of a PIP to serve politically preordained objective of depriving me of my job in federal service. I am fighting it, of course, but I had no idea that my circumstances were part of what you describe. My question is simply this: Where may I find out more details of this recent phenomenon? It would be helpful to substantiate my case. Thank you for your assistance.

D.S.
San Antonio, Texas

The Short Answer is “I don’t know of any source of statistics on PIP’s.”  D.S., as far as I know, our blog is the only place that receives daily communications from people in places on every continent (other than Antarctica) about Performance Improvement Plans. I’ve received email about abusive PIP’s now for six years, and the increase is nothing short of dramatic, and almost overwhelming. I wish I knew of someone who is compiling statistics, but I don’t. Sorry about that.

Keep up the good fight,
Al Sklover

To view our free YouTube Video entitled
“Unemployment Benefits – The 12 Basics to Know,”
Just click here.

Got a question? Feel free to submit it for Alan to answer. But please keep it brief and to the point. Questions of over 100 words will not be reviewed. And only one question at a time. If you do submit a question, you agree that Alan’s answers are not legal advice, but only suggestions to consider. Please understand that not all questions can be answered, due to limitations on time and space. Still, we “do our best to do our best.”

Note: Brief Questions are given Priority in Answering

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

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

Since then I was hospitalized due to high blood pressure and heart palpitations. I am on a FMLA leave of absence for the next 10 days, and then I’m scheduled to return to I-don’t-know-what.

I am planning on purchasing your Involuntary Resignation Model Letter. Should I first wait for a response from HR on my rebuttal?

S.S.
Florida

Answer: Dear S.S.: It’s near impossible for me to suggest to you what to do without knowing more of your facts and circumstances, or even what you wrote in your 16-page rebuttal. And even your email, above, raises several different issues. I will though do my best; here are some of my thoughts:               

1. It’s great to read you have stood up and pushed back to a Performance Improvement Plan. I salute you. From my experiences helping people with Performance Improvement Plans for almost 30 years, I know it is not easy for someone to “Stand Up and Push Back.” Though it’s not easy, it is almost always the best thing to do in the long run, for many different reasons. It can be stressful, that is for sure, but most people find doing nothing in response to a false and unfair Performance Improvement Plan to be even more stressful. As folksinger Joan Baez said, “Action is the antidote to despair.”

2. One thing you have done concerns me: It is almost always a grave error to try to “get HR on your side.” Members of our “blog family” know that HR is not “on your side,” is not meant to be “on your side,” and should not be “on your side.” HR works for management, and has a duty of complete loyalty to management. If HR was on your side, HR would not have placed you on a PIP in the first place. And HR is not the people who will decide how to respond to your PIP pushback: that decision will be made by “Decision-Makers.” The central idea behind PIP pushback efforts is to do just that: “push back,” not “cozy up.” I think you should have sent yours to a “Decision-Maker,” such as your boss, your boss’s boss, or your boss’s boss’s boss. Then he or she can send it to HR, but it’s better to get a Decision-Maker involved in the matter first.

Please, please, please, spend ten minutes or so to watch our free YouTube Video entitled “Seven Timeless Truths About Human Resources.” You can do so by simply [clicking here].

3. Though you are on a FMLA leave of absence, you can still contact HR and ask “When will I be receiving a response to my PIP Response?” Knowing if and when you might be receiving a response should both (a) give you more data upon which to make an informed decision about what to do next, and (b) make you feel less anxious about making a decision. There is no reason to refrain from doing so.

4. Though you are on a FMLA leave of absence, you can still contact HR and ask “When I return, will I restart or continue in my Performance Improvement Plan, or has it been abandoned in response to my letter?” Knowing the answer to this question, too, should serve to (a) give you more data upon which to make an informed decision about what to do next, and (b) make you feel less anxious about making a decision. You have a very strong reason to support this request for information: it is necessary to calm you down, and reduce your high blood pressure and heart palpitations. If I were you, I would tell that to HR, and let them know that you need an answer for health reasons.    

5. While I know none of the facts about your PIP, and few of the facts of your medical conditions, I do know that, if your job has caused such stress that it has placed you in the hospital, it might be necessary to get out of that employment relation, and the sooner the better. S.S., if you lose your health, you’ve got nothing left. No job is worth experiencing such serious medical issues as you are. If things at work have, indeed, led to such serious ailments, then it would sound to me like “Involuntary Resignation” might be a perfect path forward for you.

As you know, “Involuntary Resignation” is a concept I invented, and usually enables employees to leave their jobs without necessarily giving up their rights to (a) unemployment benefits, (b) severance, or (c) legal claims to raise against employers. While I acknowledge that it is highly anxiety-provoking to be without income to support yourself and your loved ones, no one can deny that being ill or deceased doesn’t make supporting your family any easier. So, yes, S.S., it may be a wise thing to consider moving forward with an Involuntary Resignation. It’s not an easy decision, but one that – one way or the other – you will have to make.

If you’d like to view our YouTube Video entitled “Involuntary Resignation – Standing Up Without Giving Up,” just [click here].

If you’d like to read my newsletter by the same title, just [click here].

And if you’d like to obtain a Model Letter for Involuntary Resignation for your own adaptation and use, just [click here].

S.S., more than anything I hope that you quickly regain your health and vigor. That really has to be your number one goal. I think that figuring out the right path forward for you will contribute to that goal, and your starting to take action will move you even further along to health. My prayers are with you, and my bet is on you!! Go get ’em.

Best, Best, Best,
Al Sklover

P.S.: Next time you need Domain Name registration, Web Design or Internet Hosting services, please consider using our Display Ad for GoDADDY.COM. That would help us pay the bills, to keep helping people just like you.   

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