job candidates who earn too much, leaving a job due to bullying, and more

It’s seven short answers to seven short questions. Here we go…

1. Is it worth talking to a job candidate who’s currently making far more than I can pay?

I am the hiring manager for a manager-level position at a large association. The online system my organization uses to collect applications for our openings asks for salary information of the applicants’ previous positions. This is not something I would normally ask for, but of course I note what people say if they choose to fill it out.

We have an applicant who seems like a great candidate. His initial phone screening went very well. However, I can see from the application that he is making in the neighborhood of $25,000 more than is budgeted for the position. We could not possibly come close to matching his current salary, in part because of the constraints of our budget, but also because of our commitment to ensuring pay equity among staff with similar positions and levels of experience. Other managers with his level of experience make much closer to the budgeted salary for the position.

I’d like to bring him in for the next round of interviews, but I’m wondering if I should first call him up and talk through his salary requirements. I don’t want to waste his or our time. It’s certainly possible that he would be willing to take a pay cut to join our organization, but it’s also highly likely this is too much of a pay cut to continue considering this position. I would love your advice on how to proceed!

Yes, call him and talk to him about it! It’s possible that he’s open to taking less because he wants a shorter commute or better quality of life or all sorts of other reasons. It’s also possible that he isn’t open to it, of course. Either way, the best thing to do is let him tell you how he feels about it, rather than deciding without talking to him.

2. I left a job due to bullying and now it’s hurting me in interviews

I resigned from a prestigious, high-paying management position recently because a part-time software consultant verbally harassed and bullied me and my staff. The owners are well aware that this consultant has bullied everyone for years (due to many complaints), but they did nothing to protect me or other staff from this person and set no behavior guidelines for this person after I voiced many complaints over a period of months.

I don’t regret leaving the company because the daily harassment was hurting me psychologically, but the issue I have is that I feel being honest in interviews about why I left the company is hurting my chances of being hired. I am tactful with my explanation and simply state that this person had a different management style than I was comfortable with and was aggressive towards me and my staff and I don’t criticize the owners, but despite this honesty, I am having trouble getting past the first telephone interview. What are your thoughts?

Yep, I’d come up with another reason to explain why you left. It sucks that you can’t be honest, but the fact is that at this stage, interviewers know very little about you and your judgment. They don’t know if you’re melodramatic or high-maintenance or difficult to get along with, so they don’t know if your version of events is credible, or if you were the problem, or if this is all code for “I was pushed out.” In fact, one of the few things they know about you at this point is that you’re wiling to air your former employer’s dirty laundry (however tactfully you’re doing it).

You’re going to get better results if you can use a different explanation.

3. Do these recruiters’ overtures really mean anything?

I moved across the country about 14 months ago for my husband’s job. I have a strong resume, great references and a wonderful reputation, but continue to struggle to find a full-time position. I know a lot of that comes from being in a new city. I’ve been building a local network, and have had quite a few interviews (nearly 10) where I made it to the third round before I was cut from the process.

Most recently, I’ve encountered an identical situation with two different employers. In both cases, I was working with internal recruiters, and after a few weeks I was told they went in different directions (an internal candidate, and an internal referral). Both recruiters then sent me new openings within their companies, and suggested I explore those options. Another thing to note is that after interviewing, I hadn’t heard from the recruiters for 2-3 weeks, and then only after I inquired on status. Are these new suggestions just an empty gesture of good faith on behalf of the recruiter, or should I assume that they still see potential for me to find a fit within their organizations?

Assume that they’re being genuine. Recruiters are very comfortable rejecting people and never talking to them again; they do it all the time. So if they’re reaching out to you about new openings, it’s because they think you’re a viable candidate.

4. What should I wear to this second interview?

I was wondering if you can help me in regards to appropriate dress for my next interview on Wednesday. This is my second interview with this company. The first was a group interview and now we have moved to a one-on-one stage. In the first call, I was told to wear “smart casual,” so I wore this with my glasses and pulled back hair. (Only later to read on the net that jeans were a giant No No, even with smart casual — but they were very nice jeans! Oh well. Live and learn.)

The place I’m applying for is just a summer job as a waitress at a water park’s cafe and they said that the group interviews would be informal, so I figured what I wore to the first interview ended up being okay — nothing requiring a full business suit but still neat looking. The sort of thing I would wear to meet the boyfriend’s parents. However, they did mention that the one-on-one interview was more formal this time (but still same dress code) so I’m stuck with the dilemma of what would constitute “smart casual” in this situation. The company culture seems to be fairly laid back and trying to project a “fun” image, which is why I’m hesitant to overdress, yet I have to still look professional. I only own either jeans or dress pants and with the latter I can’t seem to achieve the “casual” bit. Or am I over-thinking this entirely?

What you’re looking for are pants that are more formal than jeans but less formal than dress pants — like khakis or just plain cotton pants. Alternately, you could wear a skirt (just make sure it’s not too short).

On a side note, I wish people would stop making up terms like “smart casual,” which generally just manage to confuse people. (For my wedding, I want to tell everyone to come in “slothful lounge,” but I am being overruled.)

5. Contacting companies I’d like to work for, without a specific job opening

I am moving back to the U.S. from overseas soon, and in preparation I am sending letters of introduction along with a copy of my resume to companies that I am interested in working for. These letters are basically elongated cover letters stating my current situation, job history, accomplishments at previous jobs that highlight skills, and also reasons why I am interested in working for the recipient company.

My question is regarding how and if I should follow up. If I don’t hear anything back from the companies, is it alright to send them another note when I am back? If I don’t hear back, should I leave well enough alone? How do you as a hiring manager regard letters of introduction that are not for any specific job opening but more of a “please keep me in mind should anything come up” letter? Anything to avoid when writing an introduction letter?

Well, first, why are you sending elongated versions of a cover letter? Just go with a normal cover letter, of about one page in length. Hiring managers aren’t likely to read anything longer, especially when they don’t even have job to fill.

Beyond that, I wouldn’t follow up if you don’t hear back — you’re already contacting them unsolicited about an opening they may or may not have, and so following up a second time risks being annoying (since if they wanted to talk, they would have told you).

I’ll also add that while I know this tactic has paid off for some people, it often doesn’t really get you anywhere, so make sure you’re applying for actual openings as well.

6. Am I too new to ask for an ergonomic keyboard?

I work in a job that requires a lot of typing, which has caused me wrist pain. I got an ergonomic evaluation and they recommended I get a special keyboard, but my department would have to pay for it. At some point my manager would have to authorize the purchase. As a relatively new employee, two months, will this potentially send the wrong message/be a bad idea?

How expensive is this keyboard? Assuming we’re talking about a sum in the low three figures, it shouldn’t be a big deal to ask, and no reasonable manager will think worse of you for it. It’s not like you’re asking for a fancy chair because you like fancy chairs; you’re asking for something that’s medically necessary to do your job.

7. Being drug tested on your first day at work

Is it normal for a company to require a drug test on your first day of employment? And require you to give a urine sample in the office, with no prior notice? In my past experience, if a company requires a drug test, they will specify that in your offer letter/onboarding documents, and have you complete the test prior to your start date. It seems odd to me that a company would test after you start, seeing as if the person fails, they then get fired — which is a pretty awkward situation that could have been easily avoided.

Yeah, it’s terrible practice for exactly the reason you state, but not uncommon. Bizarrely, many companies do all kinds of stuff after the job offer that could result in the offer being revoked — drug tests, background checks, salary verification. It’s inexplicable. (I’ll spare you my rant against drug testing, since I’ve given it here recently.)

ask the readers: how do you start feeling more like an adult when you’re still pretty young?

I’m throwing this one out to you guys to answer. A reader writes:

I’ve been thinking about the “girl” vs “woman” post a lot recently, and it really struck a chord with me. How can I get out of the mindset of feeling like a “girl” and start feeling and acting like a confident, mature woman?

I am 27 years old and I notice that my default behavior towards people I look up to in my company is almost submissive, and I always feel like a child around these people. I should note, it isn’t at all how they interact with me that causes my shrinking daisy behavior. I think I am just intimidated by people I revere, like my mentor and my boss. I know it probably makes me come across as meek or reinforces how young I am. I’d love any advice on how I can change my own behavior to feel more confident in these situations, so I can be perceived as mature and as an equal.

I’m throwing this out to y’all, because my advice on this all revolves around “fake it until you make it” — pretend you feel like a confident adult and eventually one day you’ll notice you’re not faking it anymore — but I’m sure there’s better advice to be had on this.

So readers, what do you say?

an employee is putting magic curses on her coworkers

A reader writes:

I’ve recently been contacted by a supervisor in our company who has heard that one of his subordinates has been regularly “cursing” both him and his daughter (who also works for our company). By “cursing,” I don’t mean using foul language. I mean she considers herself something of a witch and has been literally putting curses on these people.

These people don’t generally put much stock in that sort of thing, but they are starting to get scared to work with this woman (especially the daughter). Not exactly sure how to approach the “witch”…. Suggestions?

I wrote back and asked for more details, because how could you not?

The additional information:

I work in HR for a school division. The problem is happening at one of my schools. There are four cleaning staff working at one school. The head janitor (Jeff), the assistant head janitor (Mandy), and two cleaners (Whitney and Roberta). Roberta is leaving, and I met with her today for an exit interview.

Mandy has, for whatever reasons, decided that she hates Jeff and Whitney. So she is bad-mouthing them to staff, bullying Roberta into “joining her” in her hatred and and maligning them to other staff. That, I can deal with. It has happened before and I have learned how to deal with workplace bullies and insecure people who feel the need to undermine the reputations of their peers in order to make themselves look better.

What I’m concerned about, and what was confirmed by Roberta during our interview, is this “curse.” My information is that Mandy said something along these lines: “When people make me angry, or cross me, I don’t worry because I have ways to get rid of them. And I’ve cursed them. I have a place in my house with candles and other items and I know how to do that.”

Jeff is thinking it is just silly, but Whitney is absolutely terrified. She’s looking up ways to ward off curses online and starting to consider going on sick leave because she is afraid to work with this woman. (To make it worse, both Jeff and Whitney got really sick and missed almost a full week of week approximately two weeks after Roberta said that Mandy “cursed” them, which adds to her fear!)

To me, regardless of whether or not she is Wiccan or a witch or practices voodoo or whatever she does, this is a bona fide threat against another employee. I honestly want to treat this pretty seriously, separate from the bullying issue. Thoughts?

I think that’s exactly right — it’s intended as a threat and that’s not acceptable.

Normally I’m a big fan of managers handling performance problems on their staff themselves rather than looking to HR to do it for them, but in this case, since she’s putting curses on her manager, I can see an argument for you having a one-time meeting with her and her manager and jointly laying down the law. (Of course, this may just get you added to the list of people she’s cursing, but black magic is one of many occupational hazards.)

Tell her clearly that it’s not acceptable to threaten to curse or otherwise harm anyone she works with, that threatening people with harm — regardless of the means — is grounds for termination, and that this is a one-time warning but if it happens again, you’ll let her go. And in this same conversation, you should also make it clear that badmouthing her coworkers to others isn’t acceptable either, and that she’s expected to behave professionally and pleasantly while she’s at work. Basically, this is the “your behavior is far over the bounds of what we will accept here, we take it seriously, and we’re going to have zero tolerance for it going forward” conversation.

And please don’t get caught up into some long series of warnings with her. Behaving this way is sufficiently unacceptable that it warrants only a single warning and then firing. In fact, frankly, if you’re 100% sure that the reports you’ve heard are true, I’d assume that you’re going to need to end up letting her go fairly soon, because good employees just don’t operate this way (and I’m talking here about all of the behavior, not just the curses), and I’m highly skeptical that she’s a stellar performer on every other front.

Meanwhile, I would start reading up on counter-spells, potions, and hexes, as you’re probably going to need them.

my intern was promoted above me, turning down relocation help, and more

It’s seven short answers to seven short questions. Here we go…

1. My intern was promoted above me

I have been in my current position for two years but have been with the company for three years total. An employee who has been my intern for the past year has been promoted to a position that is above my current position.

I am upset and think its probably best that I find a new job. How should I handle this? Should I talk to my boss to ask why or what I could have done better? I’ve always done a good job and have made my boss look good with no major errors throughout my time working for him. I was blindsided by this news and feel its a slap in the face. I would appreciate any advice you could give me about the next steps I should take.

Well, first, step back, take your emotion out of it, and ask yourself if you can see why the intern was promoted. Is she fantastic at the work? If she hadn’t started as an intern, would you have thought her a viable candidate? You want to take your ego out of this as much as possible and really look at the facts.

After that, yes, it’s certainly reasonable to talk to your boss and say that you’re feeling a little awkward about your intern being promoted above you, and that you’d like to get a better understanding of what you yourself can do to move up in the organization in the future.

I’d hold off on deciding to quit until you’ve had a chance to talk to your boss and let this sit with you for a while. It’s likely that this wasn’t intended as a slap in the face to you at all, but that there were actual business reasons for doing it. Your focus now should be o getting a better understanding of what they were — not from a defensive stance, but from truly seeking to understand it.

2. My coworker keeps answering all my emails in person

Every single time I email my coworker, instead of her responding to my emails, she walks over to my desk to respond. Today she just walked over, pulled up a chair, and started talking! Never mind the fact that I was in the middle of working on something else. I work with a lot of spreadsheets and numbers and I really have to focus on what I’m doing. When she interrupts me, it takes so much time for me to get my focus back. People in this office seems to have a culture of this walking over thing and I really hate it, but this person is by far the worst as she does it several times a day. I’ve been here for about 10 months and I’m the newest one here, and I’m not sure how to address this with her.

I cannot even express how annoying and distracting it is for her to constantly walk to my desk with every menial question and comment instead of just replying to my emails. How can I get I her to stop doing this and to just respond to my emails?

“Oh, I’m sorry, I’m right in the middle of something and can’t talk. If you’re able to send me an email, that would be easier for me right now — but if not, then when I’m at a stopping point with what I’m working on, I’ll let you know and we can talk.”

Repeat as needed. After you do this enough, most people will get trained to stop walking over and interrupting you.

Alternately, if you’re comfortable being more direct, you can say in a apologetic tone, “I tend to get really focused when I’m working with spreadsheets and it can be hard to be interrupted, so email is usually the best way if something isn’t an emergency. Or we can set up a time to talk if it’s not something where email makes sense.”

(If this were your boss or someone else above you in the hierarchy, you’d need to approach this more delicately, but that doesn’t sound like the case here.)

3. Did I make a mistake by turning down relocation assistance?

I was hired for a dream position. It is cross-country, but exactly what I want (also, my fiance had already moved over there a few months prior to my interview). While applying and interviewing, I used my fiance’s address. However, I was always upfront that I was in the process of moving (which is true; I had given notice and three-quarters of my stuff had already been moved with his relocation stipend).

They offered me a rather large sum for relocation assistance. I was a bit surprised by that, because as they offered it, they pretty much repeated what they already knew — that I was already three-quarters moved, thanks to his stipend. When they asked me how and when I wanted my relocation stipend, I honestly replied that I hadn’t even considered it as a possibility, especially since my fiance’s firm already had paid for most of our move. After that chat, the formal offer came in, and notably the quoted sum of relocation assistance was omitted in the text (with a small note that if the move wasn’t fully covered by my fiance’s job they could provide for additional costs).

After some quick math, my fiance figured the only thing not really covered by his stipend was the transit to get me out there. I mentioned that to my company, and quickly received a second offer with a modest sum that I suggested (but not the whole amount they initially offered) to fix that problem. I signed — mostly relieved. Mostly.

My only concern is this: Just how unprofessional did I just make myself look by doing this? I am sure that in many people’s eyes this shows me to be a total twit in some regards (after all, I just left multiple thousands on the table, but not enough to really change my financial status in any great way). However, I honestly did not see a way to handle this differently without being wildly misleading. How much reputation damage have I caused at my new place of work? Do I look clueless, foolish…or perhaps (I hope) just honest?

You just look like you’re honest and have integrity. There’s no reputation damage here at all. Think about this from their side — it would be bad, not good, if they thought that you had tried to milk them for relocation assistance that you didn’t actually need.

4. My sublessor is using his job to threaten me

My question is a little outside the realm of the blog, but I thought you might be the best one to ask:

I’m subletting with a friend from someone who it turned out is not entirely sane and actively tries to intimidate us and make us feel unsafe. We move out at the end of this month so it’s becoming a non-issue, but he works for a law enforcement branch of the government and is using that position to make threatening statements about what he can and will do if we don’t do what he wants. He is also copying someone from the same office (using their government email) on our interactions. I can’t decide if this is something worth calling the agency he works for about. I know that if I were in this agency I would absolutely want to know if someone was using their position to make threats and intimidate people but that could just be me. I don’t want him fired (well, I wouldn’t mind) but I would like the powers that be to know this is happening. Is this worthwhile or am I wasting my time?

I’d absolutely want to know about this if I were that guy’s boss, and I bet his agency would want to know too. Most employers do not take kindly at all to employees using their positions to threaten people in their personal lives.

My only caution to you is to think about whether you’d be further inflaming an already volatile and possibly dangerous situation, and how you’d handle it if this sends him over the edge.

5. Are all the religious institutions on my resume turning off employers?

I’m in my early 50s and want to make a career change. I have a solid work history and an Ed.D. The problem, I think, at least for many, is that my work history is in religious institutions, and my education is from religious institutions (all regionally accredited).

I think my education and experience are a big turn-off to most hiring managers. Even though my degrees are legit, and I have many transferable skills, I imagine my resume is automatically put in the “no thanks” pile. Is this correct? And, if so, what can I do about it?

It could be — rightly or wrongly, some hiring managers will worry that you’ll have trouble shifting into an environment where religion isn’t front and center, or that you might bring tricky-to-manage religious issues into the workplace.

I’d talk explicitly in your cover letter about why you’re seeking to move away from working in religious organizations (without getting into religious tenets or shifts in religious beliefs or anything else likely to make employers feel that they’re now more privy to your religious beliefs than they should be). Just a few sentences — but do address it up-front, because they’re going to be wondering.

But beyond that, I’d put a real focus on networking, even more so than usual. People who already know you, or who know people who know you, will be less likely to initially define you by this stuff, and more likely to see the fuller picture of who you are and what you bring.

6. Questions that stop you (me) dead in your (my) tracks

Have you ever been asked a question that you ever regretted having to answer (other than this one)? Something so completely off the wall (but perhaps valid) that it actually made you stop dead in your tracks?

Plenty of questions make me stop dead in my tracks (like this one or this one), but those tend to be the ones I most like answering. I do get plenty of questions I don’t answer, though — usually because of lack of time, but sometimes because I just don’t have an answer. The nice thing about being the blog owner is that I don’t have to answer anything I don’t feel like answering. I hope never to be put into some sort of prison work program where I have to answer every question sent to me.

7. How can I get a job doing art?

I graduated about a year ago with a BFA in Fine Arts (animation and illustration) and since then, I worked at Best Buy for about six months because I had moved back with my family in the suburbs and there really is nothing else there but retail, and I do not have a car. Jobs I have had before that were other retail jobs at similar large department stores and some waitressing jobs.

Now I have moved to Chicago, where there are more opportunities and transportation. I have been told that I am a great artist, but I have never had art-related jobs in the past. I haven’t really had any sort of community/volunteer/exhibitions either, since my work is cartoons for the most part. I haven’t done too much freelance work either. Looking back, I wish of course that I had thought ahead and gotten into the loop, but at this point I am 24 years old and looking for a foot in the door of art-related jobs.

I know I have done wrong by myself not to get into this ahead of time, but do you have any advice as to how I can better my chances of getting a job in my field without a good list of past experience and work? It’s not that I am bad at what I do, but it’s a matter of proving to the employer that I can do the job well if just given the chance. I assume that just flat out writing in my cover letter that “I would really like to get the ball rolling with starting my art career” isn’t a very good idea and that they won’t be interested in taking on some sort of apprentice. But what else can I do here?

Art is a really competitive field, with more people who want to make their living at it than there are jobs. I’d look into internships and volunteering, so that you have relevant work on your resume and build a portfolio. You might also connect with your school’s alumni office to see how they can help — if they’re selling BFAs to people, they should be helping them use them to get jobs afterward.

Do not go to grad school, for all the reasons here. What you need is work experience, not more time out of the workforce — and art degrees are notorious for being expensive without (usually) making you more hireable. (Anyone from the art world want to disagree? I’d love to hear from you guys on this.)

update from the reader who wanted to tell her manager that their team’s work quality sucked

Remember the letter from the software engineer wondering how to tell her manager that their team’s work quality sucked? Here’s her update.

About the time this was being discussed on your forum, someone pinged me with a business analyst position at another local company. I applied for it, had several rounds of interviews that went well, and I start in two days. I’m very excited!

At the same time, I was exploring this new opportunity, I was honestly and diplomatically trying to discuss the situation with my supervisor to see if I could make improvements. He always just said that if I wanted to do something (like design the screens that were assigned to the offshore developer), I should speak up. When I commented that assignments should automaticaly go to the person with the best skills for that task, he got annoyed and insisted that he should not have to assign work, we should all just take tasks upon ourselves. I found it really fascinating that the was putting the onus on me to yell and demand that I be allowed to do my own job and also that he washed his hands of the management responsibility of seeing that the right people were doing the right tasks.

He insisted that he wanted all of his staff to do any and all work so that the team didn’t miss anything. I’ve worked on teams like that when we all had the same job title and no specialists like business analysts were on staff. If you don’t have BA’s, then yes, the developers do their own requirements. But if you do hire a business analyst, why in the world would you not use her? He just didn’t see it that way.

The best part is that about a month ago, he handed me a quality improvement checklist/plan — not as a performance improvement thing, just a general HR-says-everybody-should-do-this-to-make-sure-our-work-is-the-best thing. So I identified “helping the team put out better quality,” with the first action item being to level-set what my job was and formed a discussion with him around that. That didn’t work either, it just got us into a repeat argument of the things mentioned above and he would escalate into sort of browbeating me into agreeing with him. I was actually just agreeing that we disagree, because I knew I was working on my own solution and didn’t want to get into a shouting match with him.

The icing on the cake, which I find very funny? The job ad for my replacement has this added to it: “Must work well with ambiguity and take initiative.”

how do job offers that are contingent on a reference from your current manager work?

A reader writes:

I don’t understand job offers that are contingent on a positive reference from a current employer. Do you give notice to your current employer, thus throwing your current job into jeopardy and hoping you will be given a good reference, since otherwise you may be fired for looking elsewhere for employment? Or if you don’t get fired, it seems like everyone would be upset with you for contemplating leaving.

Or do you not give notice, continue working for your current company, and deal with the awkwardness of a prospective employer calling at random to talk to your boss? Does the prospective employer explain that you applied to work for them, which would also seem to jeopardize any stability at your current job? It just seems like unless you are 110% positive you will get a flawless and fabulous reference, you may lose two jobs — your current one and the prospective one. Can you shed some light on how this process works?

Yeah, they’re not a perfect system.

The idea is that you don’t give notice yet — because the offer still has a contingency attached to it — but rather give your boss a heads-up about the situation so that she’s not blindsided by the call. Once the reference-check has been finished and that contingency has been removed from the offer, then you’d go ahead and give notice. (Obviously you’d want to come to terms on salary and any other negotiation points before the reference-check, to ensure it’s an offer you want to accept.)

And you’re absolutely right to point out that there’s risk involved. If the employer for some reason doesn’t like what they hear, you could end up with no offer and with your security at your current job in jeopardy since they know you were about to leave.

That said, usually when someone wants to make you a job offer contingent upon a good reference from your current employer, that particular reference-checking process is going to be something of a rubber stamp. They’re looking for confirmation that you’re not terrible or about to be fired or just were fired for something. It’s a thumbs-up or thumbs-down, basically — not the sort of nuanced discussion of your strengths and weaknesses that a thorough reference-checker would normally do.

So the idea is that as long as you haven’t misrepresented things and as long as you’re reasonably competent, they’ll get what they’re looking for and the offer will be a go.

The wild card is if you have a manager who’s volatile, or angry about you leaving, or who irrationally dislikes you … and who might therefore misrepresent your work quality on the reference call, thus hurting or even ruining your chances with the new company. That’s pretty unusual, but it’s not impossible or unheard of.

If you’re in a situation where you expect your manager to torpedo your chances, the best option is often to refuse the contingency. Explain that you can’t allow your current manager to be contacted because it will jeopardize your current job, and offer up as many other references (ideally managers) as you can. This is harder if you haven’t had many previous jobs, but if you’re fairly experienced, it’s reasonable to say, essentially, “I have a 20-year track record of producing results, and I’d be glad to put you in touch with as many people as you’d like to attest to that, but I’m not in a position to alert my manager that I’m thinking of leaving until I have a absolutely firm offer.”

Reasonable people will understand and respect that.

my company is threatening to strand me out of town if I won’t work an extra day

A reader writes:

I submitted a 2-week notice to my employer, typed out and very professional. I specified in the letter when my last day would be, and everything seemed to be okay.

Well, they asked if I could go out of town and do a job my last week of work, and we clarified that I would be leaving the day my notice was up, because I would no longer be an employee of their company, and they said that was fine. Now they are telling me that I have to stay and work a day after my notice is up, and they say that if I leave any earlier than that, they’re going to take my company truck and I’ll have to find my own way home, even though my truck is still full of my tools and such.

Do they legally have to provide me with a ride home? Or are they allowed to take all my things and leave me stranded 7 hours from home?

Wow, it seems you’ve you’ve been working for jerks.

My initial thought was to wonder what would happen if you simply drove the company truck back to your office on your last day — the last day you agreed to work, that is, not the extra one that they’re now trying to tag on. I mean, how would they stop you, or even know to stop you? (That assumes that you drove it there, which it sounds like you did.)

But you’re looking for the legal angle on this, so I turned to the always wonderful Donna Ballman, an employment attorney who wrote the excellent book Stand Up For Yourself Without Getting Fired.

… and her initial reaction was the same as mine, so ha, I am vindicated.

Here’s her response:

What’s to stop you from driving the truck back to your office on the last day and turning it in there? I assume you drive it to wherever you’re staying at night. I’m not sure how they’d stop you from doing this.

As to the laws, the Fair Labor Standards Act says you have to be paid for hours traveling on a business trip during your regular work day (but not for being a passenger outside working hours). Of course, FLSA only addresses wage/hour issues and not how you get back from travel if the company strands you.

I don’t know of any law that requires a jerk company to get you back home from a business trip. I’ve seen employees stranded as far away as the Middle East, left to get themselves home on their own dime. Some places you can look:

· Do you have a union? The collective bargaining agreement may require them to get you home.
· Do you have an employment agreement? If so, it may deal with business travel.
· Does the company have a policy about business travel? If their policy says they will get you home, I’d argue that it’s a benefit protected by ERISA and that they must comply.
· When you agreed to the trip, did they put in writing that your work would be completed at the end of the notice period and you could return home with the truck? If so, it might be a contract. You may want to talk to an employment lawyer in your state to see what rights you have.
· If they try to keep your tools, call the police. That’s theft, plain and simple. You should be able to remove your belongings from the vehicle.

On the other hand, unless you’re starting a new job the next day, why not stay one more day? I’d make sure they put in writing that you will be returned home at their expense if you agree to stay the additional time, and that you’ll get good references if you do what they want.

* I make a commission if you use that Amazon link.

Read an update to this letter here.

can my boss lock up my cell phone, creating a website for your resume, and more

It’s seven short answers to seven short questions. Here we go…

1. Can my boss force me to lock up my cell phone at the start of my shift?

I am a recent high school graduate working at an ice cream shop for the summer. There has been an issue at work with one of my coworkers using a cell phone on the job, and my boss decided to make us lock up our phones at the beginning of each shift. I tried doing some research and all the websites I read seemed to agree that it was illegal for him to force us to give him something of our own possession. I told him I wasn’t going to give him my phone and I could sue him if he fired me for resisting. It worked, and I do understand that he can fire me for using my phone. I was just wondering if I was correct that it was illegal, and also why schools can confiscate phones if employers cannot.

Nope, that’s not correct. Your boss can absolutely require you not to have a cell phone on your person while you’re working, and to lock them up in a locker or some other area so you don’t have access to them while you’re on the job. Nor could you sue him if he fired you for refusing to comply. No law prohibits this.

2. Creating a website for your resume

What are your thoughts on creating a website for your resume? I think it’s tacky to send people to a website to view or download your resume, but what do you think?

Well, it doesn’t make any sense to send someone to a website to view your resume if it’s a context where you could just as easily attach it to your email (or whatever). Employers are generally annoyed to be asked to take an extra, unnecessary step in that context. Just give them the damn resume when you email. (Sorry, companies who are trying to make money by marketing this idea to people.)

But there are plenty of other contexts where it can make sense — if, for instance, people are coming to your website for other reasons and you want them to have access to your resume. So basically, it’s all about the context … but if you’re doing it as part of a job application, don’t. (Online portfolios are fine, though, and make sense in many fields.)

3. Can my employer lower my pay when transferring me to the same job at a different location?

I have recently decided to move to Nashville with my girlfriend, where rent is cheaper and to live in a more urban atmosphere. While looking for job transfers within my company, I have been told by a few coworkers that since I live in Connecticut where the cost of living is very high, if I transfer into the same position at the same company but in a different location (like Tennessee in this case, where the cost of living and minimum wage are lower), my pay could be lowered.

I am being told by my friends outside of work that it is illegal to lower pay when making a lateral move within the same company, but everyone at work seems to believe that since the store in Tennessee is in a different market with a different pay grade, the new store will hire me on as the same position but for less. Could this be true? Is there a law prohibiting this? Should I contact my HR manager? What gives?

Your friends should stop giving out job advice, because they’re wrong. There’s no law that prevents your employer from lowering your pay when transferring you. Hell, if they wanted to, they could lower your pay because they moved you to a new cubicle, let alone a new state. (If you want to have some fun with your friends, ask them to show you the law they’re talking about. It doesn’t exist.)

4. Filling out two separate time cards to avoid overtime

I have a non-exempt coworker who works 40 hours a week. Recently we lost a person who works the mornings, so this coworker has been coming in to help with the morning shift 3 days a week — an extra 3 hours each day. He goes on to work his regular 8-hour shift each of those 3 days. He clocks in on a second time card for those morning shifts, and when I asked him about it, he said he was told to by the owner so he didn’t have to be paid overtime. His morning shifts are in a separate category on his paycheck information sheet, so it doesn’t get rolled in with his usual 40 hours. This is in California – is this legal to do? I feel he deserves fair compensation for all the extra work he is doing, but maybe there is a small business loophole I’m unaware of?

This is a small business with an owner, no managers, and 7 employees. We all share all of the work, and have in the past been asked to help with the “morning” shift and were compensated fairly for it. My coworker will be doing this for long-term so the owner can avoid having to train a new person, but is also avoiding having to pay my coworker OT. I’m looking not only for the legal aspect of this, but how to address it if it IS illegal.

Nope, that’s not legal. You can’t get out of paying someone overtime just by having them use two different timecards. If they’re non-exempt and they’re working more than 40 hours a week, they must be paid overtime (time and a half) for everything over 40 hours. And that’s true nationwide, not just in California.

Here’s some advice on how to address it.

5. How to resign when you rarely see your manager

I’m currently working from home, and most contact with my manager is over Skype in a weekly team meeting. We do meet up for team meetings in person, but this is usually only once a month.

I’ve now been given a start date for a graduate scheme which starts in September, and I will have to give four weeks notice of my resignation. What is the best way to approach my manager, given that I’ve never had reason to arrange a meeting with him before?

(To further complicate matters, I’ve only been in this job since February, but the application process for the graduate scheme took so long that I chose to accept this current job in case I either didn’t get on the scheme, or decided I’d rather not work for a big company after getting to know them. I really love this job, but it lacks any of the training prospects of the grad scheme.)

It’s fine to do it over the phone. Just call him. If you need to set up a time for that call in advance and it seems odd because you don’t normally do that, well, so be it — a little weirdness won’t kill him (or you). Just say, “I need to speak with you for 10 minutes this week. When is a good time to call?” And even if it feels weird, he’ll understand afterwards why you needed to schedule the call.

I’d be prepared for him to be a bit frustrated, though, that you’re leaving after only seven months, which in many jobs is the point where you’re just exiting the training mode and the company’s investment in you is just starting to pay off.

6. Do I have to list my current job on my resume?

Do I have to list my current job on my resume? A company is interested in me based on my position prior to my current. My current position has nothing to do with the job I am interviewing for. The company that is interested in me has a copy of my older resume prior to my current position.

You don’t have to, but it usually makes sense to do so. Interviewers are likely to ask what you’ve been doing since leaving your last job, and if you’ve been in the new position for longer than a couple of months, it can seem odd that it’s not on your resume — particularly if there’s any chance that you’ll refer to that work in the course of the interview.

The exception to this is if you’re working in a wildly-outside-your-field, just-for-the-paycheck job while searching for something else. (For instance, it could make sense not to list your current part-time stint at a coffee shop if you normally work in health care.)

7. Looking for a new job after managers reneged on a work-from-home agreement

After working with my present employer for a few years and being generally close to the company campus, my spouse completed law school and found a great position at a firm that is a substantial, yet drivable distance away. As my spouse started the job search, I made sure my management team was aware of the possibility for a move and asked about the potential of going remote on a full-time basis, as that is fairly common in our organization. They were receptive to this and approved the request when my spouse had an offer letter in hand. As I have never had a substantial problem with the organization to this point, I believed they were operating in good faith so I did not get the agreement in writing. Now that I have made the move to be near my spouse’s work, my management team has reneged on their offer and are requiring me to come into the office with only limited remote opportunities.

Given this betrayal of trust, I am going to start searching for a new job. I generally like the organization I am with, but I am hesitant to apply to internal positions because I am required by company policy to inform my management team of any internal applications I make. I fear that alerting them to an internal job search will create hostility and pressure from them and I do not want to be forced out before I am certain I have a new job lined up. The question is this. Should I bother with internal positions at all given this context, and if so, how do I address the applications with my management team so I do not burn any bridges? Given the context, they are going to know why I am looking.

Well, you could just be straightforward and say that you’re looking because the commute is too long, as you told them it would be, and you need to move into a role where you can work remotely. But if you think that they’ll become hostile to you, then you’re better off looking for positions outside the organization (and thus not being required to give your managers a heads-up).

how to (politely) discourage friends from applying to work at my company

A reader writes:

I’m a recruiter at a tech company — one of those cool internet startups that everyone wants to work at. Of course, along with that comes very high hiring standards. We have a very specific profile that we look for, and our interview process is extremely competitive.

In the past two years, I’ve had multiple friends (or friends of friends) either ask about jobs at my company or apply for a position. Most of the time, I know they’ll likely not be a fit, either due to experience level or cultural fit. When they ask about jobs, I’ll let them know what positions we have open, tell them it’s highly competitive, and let them apply. However, it feels disingenuous to let friends apply (and put all the effort into applying for a role), which I’m pretty sure they’ll be rejected. And of course, when a friend’s rejected from my company, it’s pretty awkward.

For some more context, I’m talking about entry-level, non-technical roles in communications or admin roles. So positions that have a very high volume of applications, but roles we still have high standards for.

Any suggestions on how to gently discourage a friend from applying for a job at my company?

I wouldn’t make it your mission to discourage them per se, but rather to arm them with information that will help them make a better-informed decision.

So for instance, you might tell them that it’s very competitive (as you’ve been doing), but also that the company is looking for people with a background in X or experience in Y. If they don’t have those things, that’s a clear message that their chances aren’t going to be strong … and from there, it’s up to them if they decide to apply anyway. It’s harder, of course, when the issue is a culture fit one — that’s harder to explain to people, but depending on the specifics, you could describe the sort of culture fit that the company is looking for, and let them draw their own conclusions from there.

I would not, however, make it your job to dissuade people from applying. That’s likely to create a weird, condescending dynamic with your friends, and it also might be doing them a disservice — because it’s possible that one or two of them might be closer to the profile of what your company is looking for than you realize. After all, few of us are intimately familiar with all our friends’ professional personas, and it’s possible that some of yours could surprise you.

So arm them with information, but leave what they do with it up to them.

my friend is sending me unprofessional emails at work

A reader writes:

I have a question for you about email at work. A friend/former classmate and I are both in our first professional jobs since graduating from college. We work in the same city and have similar jobs, although in completely different fields. We occasionally email each other during the work day using our company email addresses. (I know that you have written about work vs. personal email before, but this is very common at my office and most of my coworkers use their work account as their primary address. I’m not sure about the guidelines around this at her office.)

My issue is that my friend will often say things that are unprofessional in these email messages. In one, for example, she asked me how my job search is going. My contract is ending soon at my current position and everyone at my office knows that I am not planning to apply to have it extended, but it’s still not something that I would discuss in an email from my work account. She has also complained about some of her coworkers, and has also made a few rather rude and inappropriate comment about these same people. Much of what she says in her messages would be fine in a personal text message or discussed while venting about stresses over coffee. She doesn’t swear or say anything that would be NSFW, it’s just stuff that I don’t want in my work email account and would never consider writing myself.

As I mentioned, we have similar job titles but we work in totally different fields, so I’m not worried about any issues related to conflict of interest or anything else really work-related. (I also delete any messages from her that I feel might be inappropriate.) But I’m concerned that she could be hurting her chances of being rehired when her contract is up, or creating conflict in her workplace if these messages come out. Although the chances of me getting involved are slim to none, I would also hate for my name to come up related to some of her comments.

Am I putting too much thought into this? Would it be out of place for me to say something about the professionalism of her messages? Any thoughts that you have about dealing with this would be appreciated.

No, you’re not over-thinking it, you’re right to be concerned, and you should say something. You should also start using Gmail or another personal email account when your emailing with friends at work. (Or you could, uh, stop doing so much personal emailing when you’re at work, regardless of which account you’re using, but that’s a different conversation.)

You don’t own your work email account. Your employer does. And they absolutely can monitor it or go into it to find something when you’re on vacation or check it when they suspect someone leaked something to the media, or all kinds of other situations that could lead to them reading these emails between you and your friend. And while reasonable employers don’t do that in any but the most dire situations, (a) sometimes dire situations occur, and (b) not every employer is reasonable. Far from it.

Because of that, you shouldn’t write anything on a work email account that you wouldn’t be comfortable with your employer seeing. And you also shouldn’t receive anything that you wouldn’t be comfortable with your employer seeing, which means that you need to tell your friend to cut it out, because she’s putting both of you at risk.

But really, this is so, so easily solved by using non-work email accounts for these messages. I don’t care that it’s normal at your workplace for people to use their work accounts for personal things. They can do that if they want, but you need to stop — because you have a friend who lacks judgment in what she sends you there … and also because you sound like you care about your professional reputation, and it will do your reputation no good to have it seen that you spend part of the workday exchanging these types of messages.

So the solution here isn’t to tell her to be more discreet in what she sends you, because then you’re relying on her judgment for your job security, and she’s already shown you that she has questionable judgment in this realm. The solution is to cut her off from your work account entirely. Tell her that effective immediately, she should not email you at work and should only email you at your personal account. Then stick to it.

And consider drastically cutting back on this kind of emailing while you’re at work, no matter what account you’re using. You’re in your first job out of school. Don’t you want to err on the side of professionalism and work ethic?