update: managing people with higher risk tolerance than I have

Remember the letter-writer who managed a sea kayak guide who kept conducting kayaking trips in situations where safety guidelines dictated he should have changed plans (#3 at the link)? Here’s the update.

I wrote to you last spring in search of advice on how to manage an employee who had a higher risk tolerance that I did. One thing that I took away from both your advice and the advice of the numerous people who commented was that I was missing in being able to manage “Paul” effectively was to have more of an insight in his decision-making process. In other words, I didn’t want to know just that he’d made a decision, I wanted to know what factors he was considering when he made the decision, and how he was weighting them. For example, if Paul and his clients paddle for two hours in light waves and a headwind to get to a cool beach – well, maybe that was a bad call, and Paul should have re-routed the tour. But, if Paul had sized up his clients beforehand, had a frank discussion with them on the beach about how the conditions would be on the water, offered them a substitute route option that would be more protected from weather, and and continually checked in with every member of the group while paddling to make sure that everyone was still having fun and not exhausting themselves – in that case, staying with the original trip plan is a much more defensible judgement call.

What I ended up doing was modifying a decision-making tool that our company (and others) already uses when making decisions in the context of wilderness medical treatment, called SOAP – for Subjective conditions, Objective conditions, Assessment and Plan. During guide training, I had the crew go through several intentionally ambiguous scenarios, with the idea of getting them used to going through the SOAP process in a risk management context. I also tried to make it clear from the start of training that having SOAP debriefs with me regarding trips was something that was going to happen on a regular basis, and was Perfectly Normal and Not Scary. I think I got pretty good buy-in from the crew in that regard – partly because I started handing out free beer passes to the local bar to guides who’ve come through particularly difficult trips. Part of it was we had more consistent good paddling weather this summer, and partly we had a more innately cautious group of guides, but we had no incidents this summer where I felt that a guide had totally crossed the line in terms of what was an acceptable level of risk.

And for the drama, I only ended up with Paul last summer after a higher-up in the company inexplicably overruled our site manager’s decision to NOT hire him back. (This was in spite of the fact that I had emailed the higher-up pictures taken from Paul’s own Facebook page clearly showing him doing things with company gear in his off-hours that was very clearly against policy.) It’s still an open question whether Paul will be returning next summer, though I’m betting against it…

open thread – December 12, 2014

It’s the Friday open thread!

The comment section on this post is open for discussion with other readers on anything work-related that you want to talk about. If you want an answer from me, emailing me is still your best bet*, but this is a chance to talk to other readers.

* If you submitted a question to me recently, please don’t repost it here, as it may be in the to-be-answered queue :)

my phone number used to belong to a sex worker, how can I get access to my work email at night, and more

It’s five answers to five questions. Here we go…

1. My phone number used to belong to a sex worker

I recently got a new phone number when I switched cell phone companies. My resume has been updated with the new phone number and sent out to a few different openings.

I googled my phone number tonight, and found that it used to belong to a prostitute. I found the original ad listed on a website commonly used for that purpose, as well as several reviews and ratings of her, uh, services on different sites. Apparently phone number is a common way for these ratings sites to identify different providers.

What do I do about this? Will it even be an issue? I know people search names when doing informal background checks, but do they google cell phone numbers?

I can’t promise that no one will ever think to google a phone number, but it would never occur to me to do that. If you want to be extra safe, you could set up a Google voice number and use that one on resumes from now on (and perhaps have the phone company switch your number to something else once enough time has gone by that you don’t need to retain the use of the current number in connection with the resumes it appeared on). But there’s a 99% chance that no one will search for your number and notice this — it would really be an odd thing to google.

Read an update to this letter here

2. How can I convince my employer to give me access to work email outside my regular hours?

You know how sometimes you get an email from someone complaining because his or her boss expects employees to be available 24/7 via phone, Skype or email? I have the opposite problem brewing… I am nonexempt, but I need access to my work email and my employer has issued a blanket statement to all staff (with an ambiguous threat of disciplinary action) forbidding nonexempt employees from receiving or responding to email or texts while off the clock.

My employer has clearly established that nonexempt employees are not expected or encouraged to work while off the clock. I understand and appreciate the sentiment and I don’t want to be protected from something that is hugely beneficial to me professionally and personally. (Personally because if I don’t deal with things efficiently I worry ceaselessly. Professionally because taking care of business is always beneficial.)

Is there anything I can do to convince my employer that I understand my access to work email while off the clock does not constitute working time and that they will never be liable to repay me for how I elect to spend my time off the clock? Should I draft a letter requesting permission to access my work email from home? Taking that a step further- what are the potential drawbacks for making such a request?

Nope, because that’s against the law. Non-exempt employee cannot waive their right to be paid for all time spent working, no matter how sincerely you want to. Your employer could face significant penalties (as well as have to pay you back pay) if this were found out. They’re absolutely right to forbid it; it’s too much of a legal liability for them. And “but I’d never report it” doesn’t really work here — another employee could report it, or you could have a huge falling-out with your company and end up reporting it. Plus, it’s reasonable that they don’t want to break the law, even if they somehow knew they’d never get caught. This is a good thing. You want to work for an employer who wants to follow the law, even when they don’t have to.

That said, if there’s a strong business case for you having access to your work email outside of normal work hours — a case strong enough to pay you for that time — you can certainly approach your manager with that. Just keep in mind that they do have to pay you for it.

3. Making time for job interviews when I’m temping

I have a question I am hoping you’d consider. I was recently laid off and was job searching pretty hard until I found my current temp gig, which I was told will last for at least the next couple of months. It’s only been a few days at the temp gig. Now that I’ve started working, I’m getting some responses to applications I submitted while unemployed. Since I’m just a temp at my current company, I hate to flat out reject these other companies that are calling me about possible full-time employment. On the other hand, I want to make a good impression at the company I’m temping at in case there is a chance of getting hired full-time. I don’t think ducking out for interviews would be a good idea. So should I tell these other companies I’m off the market?

No! Getting full-time employment should be a priority. Explain your situation and see if they’ll schedule an interview for early or late in the day or during lunch. And talk to your temp agency about the best way to handle this; they’re used to dealing with it.

4. Company is only considering applicants from a particular office

My company has offices in different states. The HR department recently posted and notified all company employees of an internal position that opened up at one of the locations. After submitting my application, the hiring manager reached out to me and told me that they were only considering employees from the office this position was based out of. Is that illegal? Are they allowed to turn me down just because I’m not located in the office they would like to hire from?

Yes, that’s legal. Sometimes there’s good reason for it too — such as when they want to hire someone who’s already familiar with the people and processes of that particular office.

5. How to respond to a hiring-related email from six months ago

I’m trying to change careers and I’ve been applying for jobs in my desired career for about a year now. Six months ago, I applied for a job that seemed like a great fit for my skills and experience (it was a bit of a unicorn actually – exactly the niche I want in the industry I want to work in and everything about the job posting/application process made me think that this person is one I’d like to work for – everything adhered to the AAM principles of How to Hire Well). My application made it through the first round of screening and I was sent a test to complete.

The notice was short and I was busy with my current job and other things in my life, but I also freaked out – I was immediately seized by panic about whether or not I would do well enough on the test (especially given the short time frame). I reluctantly decided to let the job go. I marked the email as unread (which is what I do for emails I want to go back later) with the intention of completing the test in my own time, just to refresh my skills in this particular area. Later, I kicked myself for not just completing the test.

Well, that unread email has been languishing unread in my inbox for 6 months and today I opened it up to see that the hiring manager had actually sent a pleasant follow up email a week later – apparently my application had really caught their attention, they had really hoped I’d answer the questions and they wanted to see if I was still interested! I hadn’t noticed that my unread email now had more responses to it.

I know that this job is gone, but everything about the process seemed to indicate the type of hiring manager that I’d like to work for (he either reads Ask A Manager, or he’s just really good at carrying out a hiring process with clear guidelines and respect for candidates). I’d like to reach out and say something, but I’m not sure what, especially because a response after 6 months will make me look like a flake. What should I say? “I’m sorry I missed your email, I was really interested in the job but I know it’s too late now, I hope the person you picked is great, but I’d love to be considered again if they’re not?” That’s how I feel, but it doesn’t exactly roll off the tongue… Should I even bother getting back in contact?

“I’m so sorry! Somehow I missed this email the first time around and just discovered it filtered into a different spot in my inbox. I really regret missing out on this role and would love to be considered for open positions with you in the future. (And frankly, seeing the application process you use just makes me more interested — I’m really impressed by what I can see of your process.)”

update: my coworker kissed me and now his wife is emailing me

Remember the letter-writer whose married coworker kissed her and who then received an angry email from the coworker’s wife? Here’s the update.

Thank you for posting my letter in the first place, Alison. I felt really supported by the readers and read each and every comment. The advice I received was so insightful and on point.

At the time though, I felt really confused, ashamed, guilty, sick. I was searching for a way to blame myself so that I could avoid the situation in the future. A bad frame of mind, that’s for sure.

I’m sad to say that the outcome of this situation is that I avoided my colleague for several months (to the extent that I was able to, considering our work involves a small level of collaboration). In the end, I chose to let it go and choose happiness.

However, I was able to have a follow-up conversation with the offender very recently. My objective was to advise him that I would be attending the upcoming company Christmas party (an overnight stay at an exclusive hotel out of town) and to let him know that I expect to be treated respectfully. During this conversation, I asked him if he came clean to his wife and told her the truth. He stated that he indeed had taken responsibility for his part in the situation. To which I replied, “What do you mean by ‘your part’ in the situation?” He then stuttered, “I mean, I took responsibility for what happened, she knows the truth.” Which to me means that she knows nothing of the sort.

So, sensing that there certainly would be trouble at the upcoming festivities, I finally had the courage to tell my manager what happened. I took my manager for a walk around the block and told him. He then surprised me by telling me that he already knew. Apparently the offender had sat him down back in June when his wife initially reached out to me. My manager also shared with me that my version of events matched the version of events the offender reported to my manager. This gave me some peace. I’m still left feeling a little unsettled because my manager knew about it for months and never spoke to me about it, which feels wrong (even though I’m not sure why it feels wrong).

update: my coworker constantly asks us to loan him money

Remember the letter-writer with a coworker who was constantly hitting up everyone in the office for money? Here’s the update.

I had loaned the man $150 before Christmas last year. He would always have the money “next week.” But he always had money for cigarettes. I told him in the spirit of Christmas I would forgive it but never to ask me again.

In April, I was let go because the business got slow, and I was a recent hire (last in, first out). I have since started my own business doing the work I had been doing in my career.

When I was let go, the money-grubber was public enemy number 1 over there, and owed people collectively more than $2,000 according to office chatter. As soon as he walked into a room, people would say, “Sorry, I have no money for you.” It was the running joke of the entire company.

He had also been taking cash advances from his future paychecks. I know that at least one person in a management position brought up the issue to the boss shortly before I left.

I have not driven by since so I don’t know if this man is still with the company.

I did, and continue to appreciate and absorb the advice from you and others on AskAManager.org. I see a new perspective since starting my own company, and will apply the wisdom as best I can.

Christmas tantrums, Hanukkah balls, and other workplace holiday disasters

I recently asked readers to share their weirdest or funniest stories related to holidays at the office, and from an annual Christmas tantrum-thrower to Hanukkah balls, you delivered. I’ve compiled my 10 favorites.

1. Christmas tantrum

“A woman who had worked at our office for more than twenty years pouted and threw tantrums like a child if she didn’t win a door prize at the annual Christmas dinner. Every time someone else’s name was randomly drawn, she would yell, ‘FIX!”’ or ‘CHEAT!’ or something similar. And one year, she just snatched a prize she really wanted from the table and told the person who won the prize, ‘I DESERVE this,’ and walked away with it.”

2. Most likely to kiss under mistletoe

“We had a people scavenger hunt based on self-volunteered random facts. The facts were pretty innocuous, but one girl used it as an opportunity to flirt with a coworker. Her facts about herself were ‘Won Most Flirtatious in High School,’ ‘Voted as Homecoming Queen,’ and ‘Most likely to kiss under mistletoe.’”

3. Holiday skit gone wrong

“I used to work for an organization that was dysfunctional in the extreme. Each Christmas, one particular program director, who thought he was an artist, would write a skit for some staff to perform. There were choreographed dances, original songs, and worst of all, the entire skit was meant to be a parody of a particular issue that had come up in the past year. In the right hands and with enthusiastic participation, this might have worked, but believe me when I say that all of the jokes and plot points were in the worst possible taste – mocked people, brought up sore points in a condescending way, made those acting in the skit the butt of jokes about themselves, made off-color jokes about senior staff members. It. was. excruciating.”

4. Hanukkah balls

“I am a Jewish 26-year-old. I’ve been on the job about a year, and I moved from a large city to a smaller suburb of New York City for this job. My family is not super religious but we certainly never celebrated Christmas growing up.

My boss, a usually nice lady, has taken it upon herself to educate me about Christmas this season. She is super into the holidays, which I appreciated for Halloween, but has been declaring to the whole office how this is ‘Jane’s First Christmas’ and taking that opportunity to spend well over $500 on Christmas decorations which she has strategically placed mostly around her and my office. She has bought me my own Christmas stocking and ornament which says ‘Jane’s first Christmas’ with a date and her signature on it. She has placed red velvet bows around anything they will stick to and she has replaced our office coffee K-cups with eggnog. She has put up lights in the hallways and decked my door with some kind of tinsel that keeps sticking to my clothes and following me home.

She keeps reminding me what ornaments are and is amazed when I told her that I know the words to some Christmas songs.

She also has invited me to her home for Christmas because ‘no one should celebrate their first Christmas by themselves.’ When I mentioned something about celebrating Hanukkah instead of Christmas, she went out and bought this Hanukkah inspired contraption, which was really just eight round traditional ornaments with a light in each of them. She said they were Hanukkah balls.”

5. Hands off the holiday decorations

“One of my coworkers got holiday decorations banned permanently after he found all the human and animal shaped decorations (elves, Santas, reindeer, etc.) in the office and arranged them in compromising positions late at night.”

6. Keep your mom away from the holiday party

“My coworker’s mother decided it was a good idea to join us for drinks at our holidays party. She the proceeded to tell me how long it took her son to find a job, how it was not what he wanted to do or was good at, and how his lack of self confidence was due to the way his father treated him for most of his life. I wished I would have heard what she later on told our CEO.”

7. When your boss is the grinch

“Our team of five went out for a Christmas lunch last year and my (admittedly crazy) boss made a show of giving everyone but me a gift ($100 gift card each) …and then she made a show of pointing out how she didn’t give me one.

Read an update here.

8. Odd trophies

“I had a supervisor who was very unprofessional, and her being in her position was a bit of a scandal in the first place. Well, she decided to do an award ceremony during our holiday party, but instead of buying cheap trophies or printing out awards on paper, she went to all of the thrift stores in the area and bought a bunch of old Barbie dolls. She stripped them, spray painted them gold, and called them “trophies” that she presented to staff as an award. No printed certificate or anything to go with them, just nude, gold, spray painted Barbies.”

9. Holiday card misstep

“I very briefly worked at a law firm a few years ago, and my short time there included the holidays. A couple of weeks before Christmas, we all (about 15 employees) received a card with a prepaid Visa inside (about $25). The front of the card was a professional photograph of the managing partner with his wife and three children, standing in front of their enormous house out of state. One of the employees was his son from his prior marriage, who I am sure appreciated the beautiful photo of dad’s new family that did not include him.”

10. Holiday lies

“We had a fancy holiday dinner held at the boss’s house, and wine was served. My coworker’s husband takes it upon himself to get rip snorting drunk and tell the boss off for all the wrongs done to coworker. The problem? None of those things actually happened. Apparently, the coworker would go home and tell her husband a bunch of sob stories about fictional incidents at the office, to get sympathy about her horrible day. She quit soon after.”

I originally published this at Intuit QuickBase’s blog.

I don’t want to give 360 feedback to my coworker

A reader writes:

I am in the same title and report to the same manager as another person, with whom I sometimes work tangentially on projects (we work together maybe 2-5% of my time). That’s great, since working with him generates 80% of all the agita in my current role. He’s wound really tight, is very aggressive on issues that don’t call for it, throws me under the bus, and is generally not a great coworker. I do what I can to stay out of his sphere. I know that I have to speak with him about how his actions are interfering with our work relationship, but the times when it’s been bad, it seems like this may be more of an escalation point than a remediation point.

Lo and behold, this person has tagged me for his 360 review as part of our end of the year evaluation. He has a choice, so I am astounded that he would choose me (his histrionics at my desk have been remarked on by coworkers). It seems like my options are 1) say yes and speak honestly about his strengths and weaknesses, 2) say no with no explanation (which will likely worsen things), 3) decline and try and have the hard conversation as to why.

Is there a magical fourth door I am missing? I lean towards 3, because that’s what I would want. While I wouldn’t go into an evaluation with a subordinate without having raised the issues beforehand, am I obligated to do the same thing for a peer?

Nope, the “it’s better not to have surprises in a performance evaluation” principle applies to people you’re managing but not to peers. You’re not under any obligation to be giving ongoing feedback to peers.

Certainly when you’re able and willing to give useful feedback to coworkers, it’s often a good thing for you, the coworker, and the organization. But when a peer is aggressive, defensive, and difficult, your obligation to initiate that conversation — which was never particularly high to begin with — drops even lower (although you might have some level of obligation to bring it up with their manager, depending on the specifics of the situation).

But this is different. You’ve been directly asked to provide feedback for a 360 review. This kind of feedback is exactly the sort of thing that belongs in a 360. Declining in this context would be a disservice to your coworker and, more importantly, to your organization. The reason organizations do 360s is partly to draw this type of thing out from people who otherwise might not get heard.

I certainly understand your worry about creating additional tension in the relationship, but the answer isn’t to back out of the 360 altogether. Instead, why not talk to his manager about your trepidation? Explain that you’d like to give candid, open feedback, but that his behavior toward you in the past has you worried about the impact this will have on your relationship going forward (which of course just underscores that your feedback is likely something that should be heard). Ask his manager what’s being done as far as anonymity for those who contribute feedback, as well as what can be done to ensure that you don’t experience blowback for participating (because even with rock-solid anonymity, some types of feedback may make the source clear — although it sounds like this guy might be hearing similar feedback from additional people as well, so maybe not in this case).

But do take this opportunity to weigh in and what you’re observing and how it affects your and his work. That’s really the whole point to these things.

does salary reflect the type of candidate an employer is seeking, my former coworkers aren’t allowed to talk to me, and more

It’s five answers to five questions. Here we go…

1. Does salary reflect the type of candidate an employer is looking for?

I’ve seen a job for which I seem to tick all the boxes, but the salary is high — a lot higher than what I am currently making. I am now doubting whether I am right for the job. Does the salary reflect the type of candidate that should apply?

Sometimes. But sometimes it turns out that you’re currently underpaid, or that the new place is particularly generous, or that you just don’t have a good sense of what the market rate is for that type of work. So if you really think you’re a strong match with what they’re advertising for, I’d go ahead and apply. The worst that can happen is that you don’t get the job; the best that can happen is that you end up getting a huge pay increase.

2. My former coworkers aren’t allowed to talk to me

I was a transportation manager over a team of about 30 individuals. I hired and trained the my team during the implementation of a new regional office. I was let go a few months ago due to disagreements about the ethics of withholding payments to contracted vendors. I believed it was unethical to withhold payment when services had been rendered my director and direct manager felt it was standard procedure. Shortly after this disagreement I was let go with no reason given.

I wondered after I was let go why so few employees and supervisors from my old team reached out. We had grown quite close during my time there and I considered some to be friends as well as coworkers. I later learned that the team had been ordered not to speak to me or about me. Have you ever heard of this before?

I now work for a large state vendor that continues to do business with my prior employer. When I called my prior employer’s office, I spoke to a very uncomfortable customer service agent who told me she was not allowed to speak to me or to transfer my call to a supervisor or any member of management. Is this standard in anyway?

I wouldn’t say it’s standard, but it’s not unheard of. Particularly petty employers are sometimes fond of silly maneuvers like this. It’s not reasonable or wise, but your old employer isn’t the only one to try it.

But they’re refusing to talk to you when you call in an official capacity from your current employer, trying to do business with them? That’s especially bizarre (and short-sighted).

3. Recruiter asked me to tell him where else I apply for jobs

I just met with a recruiter at a staffing agency, and he said that I have to let them know which jobs I’ve applied to directly so that the agency does not send in a resume as well. He claims that companies throw out resumes that come both from an agency and directly.

Is this true? My thought is that he probably doesn’t want me to work with them directly because the company can claim they got my resume from me directly rather than through any agency and therefore, would not have to pay any finder’s fee to his agency.

Am I being overly suspicious? My initial reaction was horror; I don’t know if the other agency I was working with was putting in my resume anywhere (which probably means they haven’t been), but if they did and I applied to the same places also, did I shoot myself in the foot? Is there some sort of industry standard where the HR person would dump both my resumes?

Yeah, recruiters generally have contracts with employers that state that a candidate is “owned” by whoever finds the person first — either the the recruiter who submitted them or the company if the person applied directly with them first. That means that recruiters usually don’t want to work with you on jobs you already applied for directly (because contractually they wouldn’t get paid if you were hired), and employers usually don’t want you submitted twice. Some employers do refuse to consider candidates who come in from multiple sources because they don’t want battles over commission, but the bigger issue here is probably that the recruiter doesn’t want to do work on your behalf that he won’t get paid for (which isn’t unreasonable).

4. Can I be forced to wear painful shoes to work?

Is it legal to be forced to wear shoes that are hurting you at work? I work retail and am assigned shoes to wear. We are forced to wear these. From closed shoes that make you bleed to high heels for 8 hours. I am now diagnosed with inflammation in my bone marrow and hip bursitis for life. Is it legal to be forced to wear shoes that are painful and visibly painful? Do I have a case here?

It sounds like that you’d be covered under the Americans with Disabilities Act (ADA), although I can’t say for sure without knowing specifics. Regardless, though, the first step is to talk to your manager or HR department about the situation: Explain that you have a medical condition that doesn’t allow you to wear the assigned shoes without serious pain, and ask for a medical exception to the policy. If they refuse, that’s when I’d take a look at the ADA and how it might apply to you.

5. Thank-you notes after a panel interview

I just interviewed with a panel of five. Do I send a thank-you to all five or to the head of the committee?

Sending individual notes to all five is the more gracious move.

update: my coworker went through my trash can to get me in trouble

Remember the recent letter-writer whose coworker went through her trash can to try to get her in trouble? Here’s the update.

The following week I arrived at work on Monday, and was promptly let go by my director (I know! We’d built such a great rapport!) for the following reason: “it’s just not working out.”

While I suppose that’s a tremendous cop out, and what a horrible experience – I learned something (especially from the AAM thread!) very valuable: sometimes, the persona you project can really bite you in the ass.

I felt very indignant at the supposed injustices I experienced with that company; I hadn’t really given enough thought to why I had accepted the position in the first place and what I was going to do about it!

So, I thank you all! It was certainly a toxic work environment, and I was in denial of this plainly obvious fact when I accepted their offer. I was also in denial of my role in contributing to that toxic environment, to a lesser degree. I see now that I felt hopeless and the entire situation was a mistake.

As for me, I took a position in a very different industry (same field though, which FYI is marketing. Surprised?) and at a much lower rate of pay – and I love it! It’s the most relaxed, innovative, and encouraging work environment I’ve ever experienced. So, money really isn’t everything. Hell, they could pay me in post-it notes…

update: I called the police on an angry driver, who turned out to be a coworker

Remember the letter-writer who was berated by an angry driver, who then turned out to be a coworker? Here’s the update.

Two business days after the first incident, I pulled into my deck to find the same car parked in my reserved spot, and the man standing alongside his car. I was freaked out and immediately turned around; I didn’t notice that there was another driver pulled over to the side as well. Turns out the guy had turned into the Expectant Mother spot, realized it was reserved, and hit another car as he was backing out of it.

The officer on the scene was the same one who I had worked with a few days prior, so he was aware of the previous incident. He assured me it was just a coincidence that the guy tried to park there, and that he hadn’t known it was reserved. It made me very uneasy for a few days, but I’ve never seen that driver again since (and now I’m out for several weeks on maternity leave!)

I didn’t go to HR after either incident, but my manager was aware of what happened, as were the other folks in my office (it’s hard to be discreet when a police officer comes to speak to you in the office). Everyone was very supportive and offered to walk me to my car, etc. The whole thing made me very mindful of how I drive near work and especially on-campus, since you never know who may be in the car behind you!