my coworker keeps asking me to find and re-send him emails

A reader writes:

I have a coworker, Louis, who I’ve been fed up with since he’s joined our team.

Situation: Sometimes, not terribly often, Louis asks me questions that I know he’s already gotten the answer to via email. We’re part of a larger team, but mostly it’s just us on a joint client project. His usual process seems to be, “If I try something once and it doesn’t work, ask Jane (me), because she’ll find it more quickly.” If I mention it’s in an email somewhere, he’ll ask me what my problem is and would it really be that terrible to just quickly send it to him again/walk him through the process for a few minutes? And no, it wouldn’t, but the reason he’s asking me instead of looking it up himself is because it’s just easier on him (I’ve seen him do this to others and don’t believe it’s because of sexism).

Context: When Louis joined our team, he refused most of our attempts to teach him the ropes. He would cancel meetings that we’d set up, mostly because he’d rather start a bit later or didn’t see the need (his words), and told everybody in our company how easy our team has it (because others were shouldering the work — and yes, in hindsight, I should’ve told my manager that in no uncertain terms, but she’s very hands-off anyway). He learned most of the important stuff when he was alone at the project for a few weeks, with me at another location, and he absolutely had to. He still has questions sometimes, and I usually answer those, even if it’s been covered before. I have many more grievances that may absolutely cloud my judgment (i.e., he doesn’t care much about keeping our main client happy, he didn’t take me seriously at ALL during his first six months here, his actual work is … not good, he’s noticed that he doesn’t know all he should and keeps mentioning how little he was taught when he first joined the company(!)).

Question: How do I deal with his questions when he could find answers elsewhere (process documentation, emails)? I know there are more issues to address, and I need to push for him to take on more of our “shared” tasks, but I’m unsure how to reply to “why can’t you do this small thing, it would really help me” (said in a rather fascinated tone, like what possesses me to deny a simple request made by a fellow human?).

The words you want: “Sorry, I’m swamped right now.”

Obviously that shouldn’t be necessary; you shouldn’t need to defend your choice not to do his work for him. But since he pushes you on it and implies you’re a belligerent wastrel for not helping, just start responding to his requests with variations of, “Sorry, I’m swamped, but it’s definitely in an email somewhere.” And then if he asks what your problem is (!) or otherwise pushes back on that, you can simply ignore him. Or, if you want, say, “Like I said, I’m swamped and can’t stop what I’m doing.” Or if you have an expressive face and are willing to use it, feel free to give him a look that conveys, “Why are you asking me to stop in the middle of a busy day and do your work for you?”

Alternately, you could address it more head-on! As in, “It’s really weird that you act like I’m wronging you when I don’t take extra time to dig up old emails and resend them to you. You should assume you’re in charge of tracking those yourself and I’m not going to hunt them down for you.” But Louis sounds like such a jackwagon that I’m not sure it’s worth bothering, when you can instead just flatly decline in the moment.

a real-life salary negotiation success story

A salary negotiation success story from a reader:

In all the years I’ve been reading your column, I have never ever managed to get the gumption up to negotiate salary.

I was laid off in February (just after closing on a house!) so I knew I’d need to get something quick. Severance didn’t last long since I needed to put a new roof on the house immediately. I was making $117K with an 8% bonus at the job I lost, which sounds like a lot, but I live in one of the top 5 most expensive cost of living areas in the country. So I was careful not to apply for anything that didn’t bring me up to $120K.

I ended up as a finalist for a role that I was really excited about, and I knew that call was coming when the recruiter emailed me to ask if she could call me that afternoon. So I went through the archives and pulled all the scripts you’ve ever offered, and keeping in mind the wild range for things I’d interviewed for (not kidding, a communications manager role was all over the place, some places $110K and one had a starting salary of $180K). And not only did I write down the scripts, I practiced saying out loud, “I’m really excited, but I wondered if there’s any flexibility on salary.”

I had no idea what they were going to offer me, but I’d given them a range of $130-150K at the beginning and they were okay with that. (Also, I have never given such a big step up range before. I know I’ve been underpaid for a while, but I never felt “good enough” to ask for more.) So when the recruiter offered me $130K + 15% bonus, I thanked her, said I was really excited, and was there any flexibility on salary? She asked what I wanted and I took a deep internal breath and said, “I was hoping you could make that 140.”

She asked me if that was based on my previous salary — in my state you can’t ask about salary history, but I looked this up, they can ask after they’ve given you an offer with a number attached. I said it was based on other roles I was interviewing for. Completely true, I’d spoken the day before with another company about a role at $160K.

She said she’d check in with the hiring manager, and I spent the most nerve-wracking night thinking I should have just accepted the $130K and now they would probably not want me at all. Couldn’t sleep. And the next day I got a call back and they said $140K, final offer. I took it, which was good because I didn’t get an offer from the other place I’d made a final round for and I really needed a paycheck.

what weird habits have you picked up from your job?

We all pick up weird habits from our jobs that we carry into the rest of our lives. Maybe you still fight the instinct to yell “NO RUNNING” at kids because you used to lifeguard … or you’re an ER nurse who checks out everyone’s arms to see what size IV you’d put in … or you’re a teacher who finds yourself reminding adults to have a snack … or you’re a work advice columnist who has to forcibly restrain yourself from opining every time your friends tell a work story (that one’s me).

Let’s talk about what weird habits have followed you home from work. Please share in the comments.

is “return to work” a way to get people to leave, asking my boss for rides to work, and more

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

1. Is “return to work” a way to get people to leave?

I have a friend who works for a very large tech company that recently announced a return to work mandate. My friend insists that the company doesn’t really care about whether people are working from home. They say that the real reason the company is demanding people come back to the office is because they can’t afford their staff. My friend thinks that the company’s strategy is to force people back into the office with little justification and hope that so many people quit in response that they won’t have to initiate layoffs. Do you think this is likely? What do you think of this strategy?

That does seem to be the widespread theory! A lot of tech companies over-hired in the last few years and are well aware that requiring a return to the office means they’ll get a lot of attrition. As I wrote in a different post earlier this week, it’s a bad way to cut your numbers — it means you’re likely to lose your best people, who have the most options — but when you’re faced with needing to make enormous cuts (and pay severance to a huge number of people if you do it through layoffs), it can change the calculus.

I maintain it’s a bad strategy; if you have work-related reasons for wanting people back in the office, so be it, but changing a major policy (that influences who you’ll be able to hire and retain in the future) with the sole purpose of getting people to quit is a bad strategy. In reality, though, I suspect it’s both — they want people back in the office for Reasons, and they see it as a side benefit that it’ll shave their numbers down.

2. Employer won’t hire anyone who doesn’t wash their coffee mug after their interview

I saw an article about an employer who gives this “test” at every interview and won’t hire anyone who doesn’t pass. The gist is that he will take you down to their kitchen and offer a cup of coffee, and at the end of the interview if you take your cup back down to the kitchen and wash it, you pass. If you don’t, you fail and don’t get hired. What do you think of these types of tests?

On one hand, I can see it being a helpful thing to know if your candidate is considerate. But on the other hand, I don’t think someone who doesn’t wash a coffee cup at an interview is necessarily inconsiderate. There are many reasons I can think of that someone might not wash their cup (they don’t remember where the kitchen is and don’t want to look dumb by asking, they really need to use the restroom after drinking a whole cup of coffee, they forgot they had a cup in the first place, etc.). I also don’t like the idea of these goofy tests on the first place. Assuming you’re not interviewing for a job washing coffee cups, it seems weird to evaluate a candidate solely on that. And it’s cheesy.

It’s a terrible test! In addition to the reasons you gave, it also ignores a very common concept of hospitality, where the host handles any clean-up from the meeting and it’s not impolite to assume that they will. Plus, if you want to assess candidates for courtesy and consideration, there are lots of more direct ways to do that.

People who have secret “tests” unrelated to the job itself generally think their methods are brilliant and are utterly unaware of how flawed they typically are — which correlates strongly with not knowing to interview effectively and screen for what they actually need.

3. Can I ask my manager to drive me to work in the winter?

I’m starting my first internship (required by my degree) in a few weeks. I’m excited but a little nervous. I live somewhere where it snows quite a bit, and I’m concerned about how I will physically get to the building once winter starts. I can’t drive. There’s a pretty good bus system here, but I still get a little panicky thinking about walking a block in knee-deep snow from the bus stop to where I’ll be working.

When I interviewed for the internship, my future boss told me she got excited seeing the address on my resume. Apparently, we live very close to one another, within minutes. She probably passes by my apartment on the way to work.

Would it be weird/unprofessional if I asked her if she’d be willing to give me a ride once winter hits? If it helps, she seems like a very warm, mom-to-everyone kind of person. The second I walked in to interview, she offered me a sandwich and a soda before I’d even really introduced myself.

It’s fine to ask very occasionally in particularly bad weather — but don’t ask for her to do it as an regular thing. For a lot of people, that would be a pretty big imposition. If she offers it on her own — which she might at some point — that’s a different thing, but it’s not something you should request.

(Also, I know this was only a throw-away comment in your letter and I don’t want to read too much into it — but she’s not an office mom! It’s can be really undermining to women to be tagged with that label. Maybe she’s a kind, supportive, or thoughtful manager … but not she’s not being maternal, any more than a man who cares about the people working for him is being paternal.)

4. My boss took off two weeks with no notice

This is my first time working in a job where salaried employees have “unlimited vacation” as long as they are attending to their job duties. Last week, my boss announced on Monday that they were off for the week. Last Thursday, they cancelled all of their meetings for this week and announced they’d see us after Labor Day. So no management available for two weeks, notified the the day it started.

I am a project situation that requires management input, as well as certain timely things that require their approval before happening, for which no alternate arrangements have been made. We are in the middle of several timely projects, which without their input require me to shoulder additional responsibility (and hours) that I could not plan ahead for. There’s no one above my boss who could help. This is really bothering me, and adding significant stress to my position.

With unlimited vacation, is it considered reasonable announce that day that you’re taking a week off? And then extend it with a weekend’s notice? I want to know if I need to adjust my thinking to understand that this could happen in any future workplace.

There are jobs where you absolutely could announce the day of that you’re taking a week off — jobs where you manage your own workload and can make plans for anything that needs to be covered in your absence to be covered or where you have the authority to decide that it’s okay to put things on hold. There are also jobs where you definitely couldn’t. And there are jobs in-between, where you could do that once but if you started doing it multiple times, someone would ask you to give more notice.

When you manage people, though, you shouldn’t do this without an explicit conversation with the people you manage about what your absence will mean for their work (unless it’s obvious that it will mean nothing — which isn’t the case for you). Your boss dropped the ball by not doing that.

You asked if you should expect this could happen in any future workplace and sure, it could. The more senior someone is, the more control they’ll generally have over their own schedule, which can include last-minute time off. But generally if you have a manager who’s reasonably on top of things, they won’t do what your boss did to you — or if they do, you can point it out once they’re back and ask for different arrangements in the future, or you can just call them and say, “Before you disconnect, we need to talk about X, Y, and Z.”

5. What are my responsibilities after giving notice?

I recently gave three weeks notice at my job and am serving that time out right now. My boss and I are a two-person department so presumably a lot of work will fall on her, but no one has once approached me to ask what I do, what needs to be taken over, how to do things I’m in charge of, etc. I trained my boss on her job and know she certainly can’t do mine, because it’s very admin/computer heavy and she’s borderline technology illiterate. Do I need to approach her/other management now that it’s my last week and give an overview of what will need to happen when I leave? Or does them not asking me mean it’s not a concern so to let it go?

This is something your boss should be managing. If she’s not, it’s not on you to go over her head to try to make it happen. However, as part of being generally conscientious, it would make sense to ask your boss if she wants to meet to go over transition items, or if there’s anyone she wants you to train on X or Y. Ideally you’d also leave behind documentation of where projects stand, key things a replacement will need to know, etc. so that you can direct her to it when you leave.

how can I get out of doing an exit interview when I leave?

A reader writes:

I’m hopefully giving my notice very soon and looking for advice on how to decline an exit interview with my boss’s boss. I haven’t had a one-on-one conversation with this person in the five years I’ve been at my job. We’re a small team of fewer than 20 people, so I am sort of of the opinion that she should just schedule annual one-on-ones with everyone anyway, since there are a few folks on the team who don’t get direct interaction with her on a regular basis. I think that would help both junior employees, and more senior employees like myself who are sort of stuck in the middle.

Based on prior colleagues leaving, I know she is polite but a bit gaslighty in exit interviews, and I genuinely do not want to go have an awkward conversation when I should be working on transitioning and wrapping up work.

Thoughts on how to politely decline? They won’t be involved in a reference for me in the future, so I’m not terribly worried about that, but I don’t want to be rude or disrespectful to a colleague.

You can try, but you might not be able to get out of it, at least not if you’re trying to keep things amicable.

You can try saying, “I don’t think I have anything useful to raise, and I’m so swamped with transition stuff I need to finish before I go — could we skip it, and I’ll let you know if I do think of anything that might be useful?”

You can also try not being responsive enough about it. If she asks you to put something on her calendar, you can forget to do that. If she asks you more directly, you can say you will check your calendar and propose a time and then just … not.

That might work! She might not be committed enough to doing it that she bothers chasing you down for it. But if she does push it, the path of least resistance is usually to just do the meeting and keep things vague. You don’t have to be candid; you can decline to give specific feedback, and give bland/neutral answers to her questions: you’ve enjoyed your time there, are leaving because you got an offer you couldn’t refuse, have no complaints and can’t think of any suggestions, blah blah blah. She’s not going to give you truth serum, after all — you can give answers that are devoid of real substance and call it done.

That’s not to say that people should always approach it that way! In some cases there can be value to giving honest feedback in exit interviews — to a point, at least — but it’s completely legitimate to decide you don’t want to spend energy on it and just spiritually opt out of the process, even if you have to sit through the meeting itself.

my employee’s reading and writing skills aren’t good enough

A reader writes:

I have an employee who is chomping at the bit for a promotion that she’s not currently qualified for. Luckily, my company has processes in place for that: I wrote up a plan, outlining what she’s already doing well and where I need to see improvement in order to recommend her for promotion. We went over it together and she’s not only working hard at it, she really is showing strong improvement in most areas. But her reading and writing isn’t getting better, and I’m finding it really awkward to talk about.

We’re in a technical profession, and being able to communicate effectively in writing is important. Frequently, I run into problems with her because she didn’t fully read and/or understand things (recently, she responded to “X is ready and John’s piece is included” with “OK, let me know when X is ready”) or because she doesn’t communicate well in writing to other people and only writes down half of what she should.

This means I have to manage her work more closely than I’d prefer (and a lot more closely than I’d expect to manage someone in the position she wants to be promoted to) to catch her communication errors, it causes problems in the work that she does, and frankly, it makes her look bad to people who see her work.

At her last review, the main area I gave for improvement was her written communication. I tied it to her advancement and gave suggestions for improvement: read carefully before responding, proofread before sending, try to anticipate questions people will have and include the answers so they don’t have to ask. She took it well and I know she’s trying (I later noticed when walking past her desk that she was working on an online course in communication), but I haven’t seen any growth in this area. I really don’t want this to be the one thing that holds her back from promotion. Any suggestions for additional feedback in this area?

I answer this question — and two others — over at Inc. today, where I’m revisiting letters that have been buried in the archives here from years ago (and sometimes updating/expanding my answers to them). You can read it here.

Other questions I’m answering there today include:

  • I manage a difficult volunteer who’s also a friend
  • Responding to men who pretend to be scared of women now

my coworker watches a daycare livestream all day

A reader writes:

I work with a young woman who is constantly watching a daycare livestream throughout her workday. She has her work on her primary monitor and the daycare video on her second monitor, and everyone who walks past her desk sees that this is what she is doing all day long. She will even occasionally make comments such as, “Oh, it looks like (daughter’s name) didn’t eat her snack today.”

Her manager does not sit near her, so he likely does not see the extent of her viewing habits. I am two levels above her and have 10 more years of experience in the company, but I am still essentially her peer. I was assigned as her “coach” when she started. That said, the role and responsibilities of coaching have never been clearly defined in the company, and most see the role as overseeing technical work rather than anything managerial.

She is now having significant performance issues that are resulting in lack of salary increases and no promotion in sight, which are very frustrating to her. These performance issues have mostly related to her inability to manage the (incredibly difficult!) task of being a working mom. For example, she had a habit of saying she was working from home when one of her two young children was sick with various daycare bugs. After a few months of her working from home nearly 30% of the time, her manager finally asked what she was working on at home and she had to admit that she was doing nothing. That particular issue has since been handled (she now uses vacation time or her husband helps more), but she still needs to do a lot of work to catch up from the performance issues.

So, the question is, in my non-managerial role, do I pull her aside and tell her that her daycare viewing habit looks really unprofessional and is really not helping her look like she wants to step up and improve her performance? Or is this not as big of a deal as I am making it out to be? Has parenting changed that much in the last 10 years since my own child was in daycare that this is now normal?

Two pieces of potentially relevant info: (1) I am a working mom myself (and a single mom at that!), so I totally understand how hard it is. I spent years using every single vacation day I had staying home with a sick kiddo because I had no other options. (2) She started work two weeks before Covid lockdown, so I think she got used to the flexibility we all needed at the time when daycares were not open and we had no other choice but to work from home with young kids. She seems to have taken those flexibilities and assumed they still apply now and it has never occurred to her manager (male, with no young kids) to explain that that is not how corporate environments actually operate.

No, it’s not normal to watch your child’s daycare livestream all day long when you’re supposed to be working! If she were able to do it while still performing at a high level, that would be one thing (although still a problem if it were distracting other people), but to do it while she’s struggling with performance issues is particularly bad judgment.

Taken in combination with her saying she was working from home when her kids were sick but then not actually working, it sounds like she might be really struggling to juggle parenthood with work. But while there are lots of reasons to be sympathetic to working parents who are stretched too thin, she’s not going to find a lot of people who are sympathetic to (a) saying you’re working while actually doing nothing day after day (and it’s surprising that admitting that to her manager didn’t result in a lot more oversight, at a minimum) or (b) watching a daycare livestream all day instead of working (as opposed to, say, not being able to find childcare at all; a lot of parents have wished for reliable daycare since 2020, and she’s sort of negating the point of having it).

Anyway. Yes, combined with her struggling performance, it’s a big deal. Whether it’s anything you need to act on is a different question. This is really something her boss should be noticing and addressing — and even though he doesn’t sit near her, he should be sufficiently engaged with his employees that he’s aware of this. Of course, this is the same manager who took months to finally ask what she was working on at home when she wasn’t producing anything, which means he’s not exactly on top of things … although you’d think that experience would have nudged him to pay more attention.

But as her coach, you do have standing to say something to her, and you’d likely be doing her a favor if you did. Yes, coaching at your company might normally just be technical feedback and not anything beyond, but you wouldn’t be approaching this with a managerial hat on, but rather as a colleague who’s invested in her and sees her doing something that could harm her. Approach her from a place of concern, not control and frame it as, “The optics of this are really bad and will make it seem like you’re not paying enough attention to your work, and it’s likely to cause problems if (manager) realizes you’re doing it at the same time you’re still getting caught up.” From there, it’s up to her what she does with that feedback — but you have standing to mention it as a concerned colleague who presumably wants to see her succeed.

There’s also the question of whether, as her coach, it’s something your company would expect you to mention to her manager too. I don’t know the answer to that — it depends on how this works internally in your company — but it’s something you should consider. As her boss, I’d certainly want to know so I could address it (especially if I were wondering why I wasn’t seeing enough improvement) … although her boss seems to be quite hands-off, so factor that in accordingly.

Read an update to this letter

a work baby shower without gifts, using sick time for psychedelic therapy, and more

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

1. A virtual baby shower … with no shower

I work for a primarily remote company, and last fall I gave birth to my second child. Our small team (less than 20) comprises mostly women in their late 20s-early 30s, and I’m in my late 30s. A few weeks before my due date, I was surprised with a calendar invite for my virtual team baby shower. I was surprised because no one asked me whether I wanted to have a baby shower, and no one asked about my registry or if I had a preference for gifts. There was another team member whose wife was also pregnant, so this was a joint baby shower.

Overall it was fine, though a little awkward over Zoom. We played a game where we tried to guess which baby photos were of which team members. However, there was no gifting involved whatsoever. It seemed like it was just an acknowledgement that babies were on the way. I can’t help feeling that the organizers, being a bit younger, maybe haven’t been to a baby shower and didn’t know that the “shower” aspect means gift-giving? And I wonder if the other attendees assumed that the parent company sent me a gift of some sort, and whether anyone feels slighted that I didn’t send a thank-you note in return?

As small as this is, it has stuck with me. I think the time for bringing it up has certainly passed, but my instinct is to get involved in the planning of any future showers to ensure the expectant family is celebrated in the way most helpful for them. These issues are certainly small potatoes, but as a gut-check, am I being petty?

You’re not being petty, but you’re missing the fact that work showers are often more about celebrating the impending birth than giving gifts. It’s true that normally the whole point of a shower is to “shower” the expectant parents with things for the baby … but at work, there’s a competing (and more important) principle of “don’t pressure people to spend money on work celebrations.” Some offices resolve that by having the party with the gift-giving removed.

However, your coworkers shouldn’t throw showers for people without asking if they want one first! Some people won’t want one for personal reasons, and some people don’t do them for religious reasons. So if you’re able to influence future events, that’s the part I’d focus on — getting people’s permission first. (Also, maybe get rid of that baby picture game, which is problematic for a bunch of other reasons.)

2. Can I use sick time for psychedelic treatment?

I suffer from treatment-resistant depression and have been exploring the option of seeing a psilocybin facilitator. Oregon recently legalized the use of psilocybin if used under the supervision of a licensed facilitator, and there are plenty of studies and anecdotes that suggest psilocybin can really help with depression.

The experience itself and subsequent integration would take up an entire day on its own, and since I don’t live in Oregon I’d have to take time off to travel as well. That means realistically I’d have to take 2-3 days off to do this, using either sick or vacation time.

My thought is that, while this is an experimental treatment, I am seeking it out to treat a mental health condition, so it would be fine to use sick time for the day itself. I’m less sure whether using it for the travel time would be okay as well, though I lean toward feeling like it would be.

For context, I have been at my employer for about four months and have generally received praise from my boss and coworkers, but I am still relatively new. Also the amount of vacation time my employer provides is okay but not great, so I’m reluctant to use it for anything except true vacations. Do you think this is something I can ethically use sick time for? Or should I use vacation time instead? (Either way, I wouldn’t tell my boss or coworkers why I’m taking the time off, I’d keep it vague.)

Yes, you can ethically use sick time for that. It’s for the purpose of treating a health condition, and the travel time is as well (just like if you took a week of sick time to travel to the Mayo Clinic and consult specialists).

I assume you’re feeling weird about it because Psychedelic Mushrooms! but it’s a state-legal medical treatment, and it’s no different than taking time off for another medical treatment someone else might not agree with (chiropractic? Chinese medicine?). Your employer doesn’t get to sign off on what medical treatments you pursue; that’s between you and your health care providers.

Read an update to this letter

3. My coworker gave me no heads-up before my meeting with an outside consultant

A colleague, Tim, reached out and asked if I could talk about a process my team handles. When I got into the virtual meeting, the only person there was someone I did not know who introduced themselves as an outside consultant, Melanie.

I went into this meeting thinking I was meeting with Tim. He gave me no heads-up that I was meeting with a consultant, so I was thrown off kilter.

I gave Melanie the excuse that an emergency message just popped up that I needed to deal with and asked her to bear with me for a minute. Then I quickly contacted to Tim to see if he was joining the meeting. He did join, but commented that he hadn’t planned on actually attending the meeting. I stumbled my way (badly…) through the rest of the meeting.

I’ve met with consultants before, but somebody in the department they’re working with always reaches out beforehand to say something along the lines of, “Hey, we’re working with XYZ Consulting on a process improvement project and we’d like you to talk to them about our X process.”

The process Melanie wanted to know about is not one that would be shared out in detail to people who don’t have a need to know. If I hadn’t been able to get Tim to verify that this was indeed a person who was officially affiliated with our organization, what could I have done?

Yeah, it’s appropriate to be wary of sharing your company’s internal processes with a complete stranger who no one told you you’d be meeting with! (Has Tim never watched any spy shows?! He needs to watch The Americans immediately.)

If you hadn’t been able to reach Tim, you could have said to Melanie, “I’m so sorry, but Tim didn’t tell me I’d be meeting with an outside consultant and, given our information security policies, I can’t do the meeting without some clarity from him so we’ll need to reschedule.” That inconvenience would be on Tim, not you.

4. Is unequal pay illegal if it’s not based on a protected class?

Are there are legal ramifications for inequitable pay if it’s not based in protected class? Some huge differences just came out at our company and it seems like in some instances there may be a nearly six-figure difference in salaries, based on people who have been at the company longer versus newer hires. The lower salaries affect probably about 10% of the company. The company admits they never adjusted existing salaries up when the location changed and they hired new people in the higher cost of living area; titles are the same but many of the people making less have more experience, a notably higher workload, and have generated more revenue. There are no overall protected class disparities between the people with the high and low salaries.

The company basically says sorry, we know, maybe we can fix later when the economy is better … but no one believes that change is actually coming. Is there anything to be done to force their hand?

Pay inequities are only illegal when they’re either based on a protected class (like race, sex, religion, national origin, etc.) or when they have a disparate impact on a protected class (like you end up paying men more on average for the same work because they negotiated differently when they were hired, or so forth). The law doesn’t address other types of unequal pay.

That doesn’t mean there’s no pressure you could apply to your company, though. This is what worker organizing is for (which could mean unionizing but doesn’t have to — the law protects your ability to organize with coworkers for better wages regardless of whether you’re doing it within the formal structure of a union or not).

5. Can I still get severance if I find a new job right away?

I work for a large company that is in the process of acquiring a major competitor. I know that part of this process will include layoffs, given the number of redundant positions between the two companies, so I’m proactively job searching in case my role ends up being one of the ones eliminated.

If the timing were to work out where I got a job offer very shortly after being laid off, would I still be entitled to severance, or do severance offers typically contain some sort of clause that they will end if the person finds new employment?

Most commonly, you’d get the severance regardless of how quickly you find another job; in many cases, you could accept a large severance package covering months of pay and begin working a new job the next day, if the timing worked out that way. But that only what’s most common, not what’s true 100% of the time; there are also severance agreements that stop paying out once you find new work. So you’d need to carefully read whatever you’re signing and see exactly how your company is structuring it before you can know for sure.

is this HR process for accommodations as bananas as it feels?

A reader writes:

Like many companies, mine recently announced a tightening of hybrid/WFH scheduling. During the pandemic, I started an ongoing series of weekly healthcare appointments via telehealth, which have made a massive improvement in my life.

Until now, company policy was that people who are not client-facing could work from the office or from home at our discretion, subject to manager approval in the case of performance concerns. This makes telehealth appointments really easy! I have privacy, I can use a reliable hardwired internet connection to connect with my provider on my personal device, and there is no gap for travel between office and home — at the appointment time, I close my work laptop, open my home laptop, take the appointment, then turn right back to my work laptop and carry on. My boss does not care about me taking this time; I’m salaried and work well over 40 hours/week anyway, so one hour of the day, appropriately blocked off on my calendar, is no big deal.

Recently, our policy was refined to require a certain number of days in the office per week. Normally this would be fine with me — I prefer working in the office. But in certain circumstances (some recurring events I take PTO for a few times a year, and sometimes around holidays), I would be required to work in the office every other day of the week, including my appointment day.

I’ve tried taking my appointments in the office via my mobile phone, but it’s difficult to find privacy, the signal at the office is very poor, and my provider’s telehealth portal doesn’t play well with my phone. I could, I suppose, work in the office, then drive home for my appointment, and afterward drive back to the office. But this takes additional time out of my day, and also introduces additional risks (i.e., if I get caught in traffic and miss my appointment, incurring a missed appointment fee that insurance will not cover, as well as missing out on that week’s care). It would really be so much easier to just work from home one day a week, even if that’s the only day that week I work at all!

So I put in medical accommodation paperwork asking for a guaranteed WFH day to cover my medical care, with appropriate documentation from my provider. We are a Fortune 100 company and it seemed to me like it would be a simple and straightforward accommodations request.

Thus started the carnival of horrors.

A member of HR reached out to me to discuss my request. She then told me that this didn’t sound like her area and I needed to talk with our timekeeping segment of HR. So I called them and received a canned spiel about how I could qualify to give up my desk in the office altogether and work from home full-time. When I clarified that I was looking for a once a week accommodation, she referred me to yet another department of HR. This department heard my summary of what I’d been offered so far, then told me that if the first person had said it wasn’t her area, that sounded like I was being denied my medical accommodation and I would need to consult with an HR advocate. The advocate contacted me a day later, and gave me a condescending speech that boiled down to saying I should request FMLA to cover my healthcare appointments so they would be protected. He refused to engage with or address the question of whether FMLA would touch at all on my ability to work from home outside of the dedicated time away for my appointments. The other options he offered were to take an additional day of PTO for my appointment anytime it looked like I was going to fall afoul of policy, reschedule with my provider outside of working hours (those are also HER working hours!), or every compliance person’s favorite answer, “Don’t worry about it, exceptions can be made for occasional policy violations.” He refused to articulate for me if an exceptions policy was actually in place.

Is this bananas? This feels bananas! My understanding is that FMLA is about time NOT working, not accommodations to my working environment, and that being told the only answer the company can give me is “try for FMLA” is essentially a low-key way of telling me they are denying my accommodation request without any interactive process. I don’t know what’s going on anymore, just that I am trying to be a conscientious employee getting things in place before a problem arises, and apparently that is in fact how problems arise!

Yeah, this is a little bananas. FMLA isn’t the right solution here; as you note, it protects your job when you miss work and doesn’t cover things like work-from-home days. They’re missing the point: you’re not concerned about missing work, you’re asking for an accommodation to make medical appointments easier.

I think what you’re running into is probably that what you’re requesting isn’t something the law for medical accommodations would require them to offer. That law — the Americans with Disabilities Act (ADA) — would require that you be able to attend your appointments (assuming whatever you’re seeking treatment for falls under the ADA’s purview, but let’s assume it does) but not that you be able to do it in the easiest possible way. They’d be complying with the law just by ensuring you’re able to get the time off work for the appointments.

That might be why HR handled this the way they did … but if so, they’re communicating that badly.

Also, smart companies try to accommodate people even when they’re not strictly required to by law! If you have a compelling reason to have a protected work-from-home day each week (and it sounds like you do) and your boss is fine with that, they should at least think about formally accommodating that.

The fact that they’re not says either (a) they’re overly rigid and can’t assess situations outside of a strict legal framework or (b) company leadership has made it clear they want as few exceptions as possible to their return-to-office policies.

Any chance your boss can okay the arrangement you want informally? That’s not as ideal as having a written accommodation on file, but it might be a practical way to get what you want, at least some of the time.

Read an update to this letter

companies that pay you to be a fraudulent hire at a different company

Remember the saga last year where the person who showed up to do the job wasn’t the same person who interviewed for it? Wondering how they pulled that off?

A reader recently forwarded me an email her spouse received from a company whose entire business model seems to be that they’ll pay you to get fraudulently hired for jobs that you then (mostly) don’t actually work. Read on.

Hi [redacted],

Hope all is well with you. This is [redacted], the CEO of [redacted company name], a software development company based in Atlanta. Nowadays, we are receiving an overwhelming number of offers, and we are experiencing a lack of talented resources who can effectively communicate with clients.

We see that you are a developer with expertise that matches our needs. We are interested in offering you a non-stop ongoing contract, which is flexible based on your availability.

Your responsibilities will include taking calls with recruiters, HR managers, or teams before and after securing a job. You will be representing yourself on a call, and the actual development work will be delivered by [redacted company name]. We will be responsible for handling everything else and also assist you with every call.

Regarding compensation for you to speak on interviews (that we will assist you to pass), we will pay you on an hourly basis until we win a job. Once we secure a job, you will be expected to take a daily or a weekly scrum meeting, depending on their team culture. You will take the 25% of income from the job for taking these calls.

Given our ability to manage multiple jobs at once, if you handle calls for multiple jobs, this position offers you an exciting and stable income.

I am interested in speaking with you to discuss this partnership further.

Well then.