terse answer Thursday — 7 short answers to 7 short questions

It’s terse answer Thursday — seven short answers to seven short questions. Here we go…

1. Accepting a job at a lower salary with the promise of a raise later

A networking contact recently put me in touch with a past coworker of his who is starting up his own firm. I met with the owner recently and, to my surprise, he asked me to join him as his first employee. He was trying to do everything himself and was quickly finding that he was overwhelmed. The position would be instrumental in the successful initial growth of the firm and could easily progress to a senior level position as the firm grows.

During our initial meeting, however, the owner advised that he knows he cannot pay me what I’m worth. I took that as a compliment! He asked if I was willing to take a chance with his company with a smaller initial salary in exchange for increased compensation down the road. I replied that I thought that was reasonable, so as long as we could revisit my salary as the organization and my level of responsibility increased.

I know your normal advice is to wait at least 1 year after starting a new job to ask for a raise, with which I agree. In a case like this, however, what is the best way to approach him in 3, 6, 9, or 12 months about a salary increase? If all goes as planned, the company’s revenue (read: his ability to afford what I’m worth) and my responsibilities will have greatly increased over this time.

Actually, agree on it with him now and you won’t need to worry about when to approach him down the road. Too many people make informal agreements like this that they fully flesh out and make formal, and then are taken aback when the raise doesn’t materialize when they ask for it later. If this guy truly means that he’ll increase your salary once conditions X, Y, and Z are met, then he should be willing to put it writing (whether those factors are a certain number of months passing, your successfully achieving specific goals or milestones, the company reaching a certain revenue point, or something else). If he won’t put this in writing, then only take the job if you’re willing to have the future increase be a “maybe,” not a definite.

2. My boss emailed everyone the reason for my time off

I requested vacation time off from the company I work for. I am doing a internship for school because I will be graduating with my associates in Health Information Technology and it is required that I do a short internship before I can graduate. The thing is, no one at my current job knows I am in school; I haven’t told anyone.

I spoke with my boss about the days I needed off and just told her I am taking family vacation time. She said okay and that she would approve my time. A couple of hours later, I saw a email pop up that was emailed to the entire office — all my coworkers and other managers — with the dates I was going to be gone on vacation and why. My name and vacation days was in bold print on the subject line. I was furious. All of my coworkers take vacation time, I in the two years I have been working with this company, I have never seen a mass email go out about their personal time they are taking off. I feel like my privacy was stripped away and don’t understand why this was done. I feel my boss could have just told the employees in person who needed to know of my absence. I also feel like this gives my coworkers a invitation to ask me about my personal time. Is there anything I could do about this situation?

I have no idea why your boss sent this email out when she doesn’t for other people’s time off, but if you’re in a role where people need to know when you’ll be out, that’s the obvious explanation. I’m sure she didn’t think she was violating your privacy by noting it was a “family vacation”; it’s not like she wrote it was for gynecological surgery or a custody hearing. I would let this go.

3. Can I use my blog to fill a gap on my resume?

I’ve recently been looking for an entry-level career in the not-for-profit sector in communications and marketing. All my experience in this area is through various internships with some fairly well-known international NGOs. My last internship ended in December, and since then I have been unable to find any work.

To fill my time, I’ve created a website and blog where I discuss development issues and topics related to the sector I want to work in. I write a post a week and with researching, writing, posting, etc., it requires about the same time as a part-time job. My question is, can I put this on my resume since it’s not an “official” role? Or if it’s relevant to the jobs I apply for, should I just mention it in passing in my cover letter? Right now, I’m worried about the 5-month gap on my resume and don’t want potential employers to think I have been unproductive in that time.

You can definitely put it on your resume. What I’m torn on, though, is where it should go. Normally you’d put it under an “additional activities” or “community involvement” section or something like that. But of course, that’s not really what you want — you want it to put it at the top of your job history to fill the 5-month gap since your last job. It’s a bit of a stretch (one post a week doesn’t really make it substantial enough to really qualify), but no one is going to have you arrested for putting it there.

4. Interviewing when the company name hasn’t been revealed

I have an interview set up at a recruitment agency next week. The job posting did not specify the exact company I would be working for (just stated, “a successful chocolate teapot manufacturer in ____town”). I’m pretty confident that I know which company is meant, as it is quite obvious if you are active in the field. How would you handle this at the interview? Is it ok to ask which company they are representing? Would you offer up your guess? Do they expect you to just “know”? Or will they only relay this information to finalists?

Also, for future reference: Would you ever include references to an unnamed company in the cover letter? (In case you are certain you identified them and it was relevant to your application, e.g. because you worked with them before.)

It’s fine to ask at the interview. If they say they’re not able to reveal the company at this stage, don’t start offering up guesses; they’ve just said they’re not going to tell you. You are not typically expected to just “know,” however. If not knowing is an issue for you (if, for instance, you know you wouldn’t work at Company X and it sounds like this might be Company X), it’s fine to decline to move forward after a certain point unless they tell you the company.

As for including references to an unnamed company in your cover letter, I’d only do it if you were 110% sure you were right; otherwise, you could harm your candidacy by appearing certain about something that was in fact a mistake.

5. Should I update my resume when applying for an internal position?

My boss is leaving a smallish (20-30 people) organization. I plan on applying for her position, which isn’t a secret. The person doing the hiring is familiar with me and my work, but doesn’t know all that I have accomplished since I have joined the organization (about a year ago).

So when I apply internally, do I update my resume to show the year I have worked for my current company? Or do I just show everywhere else I have worked previously?

Yes, update your resume. Treat it just like you’d treat applying for an external position, just less formal.

6. Why wasn’t I notified about this opening when I was on leave?

I have been off of work for a maternity leave, followed up by a medical leave, but I will be returning in the next week. I am feeling burned by my team, coworkers at the office (aka friends), and management that I was not notified of a posting for a position that I was doing before but without the formal title. I am feeling a lot of resentment about this and do not want to be feeling this anger when I return to my workplace. My manager, who is currently on a medical leave, also shared with me that it took 2-3 workers to manage my caseload when I left. She acknowledged my level of experience as being the contributing factor for why I was able to manage the workload at the time. Why was I not notified about this posting then?

Maybe because you were on leave and people are often told not to contact anyone who’s out on medical leave for anything. Or maybe because your manager is the logical person to have alerted you to the opening but she’s out on leave herself. Or who knows — it could be anything. But getting angry about it isn’t going to be particularly productive. For all you know, they’re hoping you’ll apply when you come back. Or maybe not — but regardless, express your interest in the position and ask what you’d need to do to be considered.

7. Does this mean I got the job?

I interviewed with someone for a position at a clothing retail store. The interview went really well. I was then emailed back for another interview. I attended the interview. 5 days later, the manager who interviewed me the second time sent me an email regarding what my availability is and if I was looking for part-time or full-time. Do you think that means I got the job?

The only thing that means that you got the job is a formal job offer, so no. What this means is that — at least at the time that she sent you the email — she was still considering you as a candidate.

my coworker is taking cell phone photos of us during staff meetings

A reader writes:

I work at a mid-sized private university. I can’t begin to describe the number of odd characters we have working here, myself probably included in that. The department I work for at the moment is far from professional, unfortunately, but so far I have been able to deal with most of the quirks. However, it’s been brought to my attention that our assistant director sits in meetings and takes pictures of the attendees with his phone. For many reasons, I do not think this is just to document who was there. I also know that he keeps these photos. How I know this is a long story, so let’s just go with the fact that I know.

I am really creeped out by this. Okay, full disclosure, I don’t like having my picture taken, so maybe it’s me and it’s not such a big deal. And I know that it’s legal and all that to take pictures of people who are out in public without their permission. But this just feels wrong to me. I don’t even know what I can do about it, but is it worth bringing up to my director or to HR? Or should I just start bringing a huge notebook and hiding behind that when I have to be in meetings with this guy?

What the hell?!

I wrote back to this reader and asked for the additional context she had alluded to. Her response:

Well, as far as the department being generally unprofessional, I could write a book, but mostly it’s the constant sexual innuendo that goes on among a certain group of about five people, the “photographer” included. I am no prude, but we are at work and there are student workers around a lot of the time. So, that sort of sets the tone towards “pervy.”

A coworker has a crush on this guy and she flirts like crazy with him, so he lets his guard down around her and she told me that she actually saw some of the “candid” pictures on his computer, and there were LOTS of folders that she assumed also contained pictures. There have also been two women who have told me that he was Facebook stalking them, although they were both able to get him to back off by just ignoring him. He also isn’t particularly stealthy about taking pictures, so it’s sort of obvious what he’s doing once you’ve been clued in.

I repeat: What the hell?!

You need to tell him to stop, immediately. At the next meeting where you see this, say, “Jim, please stop talking photos of me and others during this meeting. It’s inappropriate.” Say this loudly enough for others at the meeting to hear, because ideally you want group pressure to make him stop doing this.

If it continues after that, address it again: “Jim, I already told you I don’t want you taking my picture. Why are you continuing to take photos without people’s permission?”

And at that point, go talk to your and/or his manager as well: “Jim has been regularly taking photos on his phone of people at meetings without their permission. This makes me uncomfortable, and I’ve asked him to stop. It has not stopped, however, so now I’m asking you to tell him to stop.”

And frankly, while I’m a big fan of addressing things directly with the person causing the problem to start with, you could also talk to HR if you see this as part of a generally sexualized atmosphere that’s making you uncomfortable. I’m actually not sure if that’s the case or not from your letter — but if it’s bothering you in that context, that’s what sexual harassment policies are there for. And your university almost certainly has a sexual harassment policy, so you could take a look at that and see if it’s being violated. (It probably is — most include language prohibiting “unwelcome  verbal or physical conduct of a sexual nature” that “interferes with a person’s work performance or creates an intimidating, hostile, or abusive work environment” or something to that effect.) That policy should also lay out a procedure for reporting this type of conduct, and that would tell you precisely the steps to follow if you feel uncomfortable with the sexualized culture overall and want to go that route.

But if it’s really just the photo-taking rather than the broader atmosphere, then it’s less an HR thing and more something for your manager and his manager to deal with.

Ick.

Read an update to this letter here.

do I have to contribute money for a baby shower at work?

A reader writes:

My group director recently emailed the whole department (the department has several groups, and within each group, several teams; I am not this person’s direct report) announcing that another group director was expecting a baby with his partner (who is not an employee of our company). The email proposed a baby shower at work (and was followed up by a meeting request for a two hour block of time for said shower) and mentioned that we should stop by the sender’s office if we’d like to contribute money towards a shower gift. Rather than passing an envelope to take up a collection, the custom here tends to be that one person holds a card for people to come sign and keeps a list of who contributes money, so that the recipient can thank people individually.

I know the father-to-be by sight but do not work for him either directly or indirectly, and have never spoken with him. So my questions are: 1) Is it common to have baby showers at work? Especially when only one of the parents-to-be is an employee? and 2) Do I need to contribute towards a gift? I do not know this person well enough to feel that I should, but it makes me uncomfortable that my group director will know that I did not contribute. I don’t want to be seen as stingy or not a team player, but on the other hand, it’s my money, and there are things I’d rather do with it than buy gear for a stranger’s future kid.

Baby showers aren’t uncommon at work; some offices do them, and some don’t, but it’s not unusual to see them.

However, if you’re not interested in participating, it’s fine not to. If you knew and liked the father-to-be — or simply worked closely with him — there would be an argument for chipping in if you could afford to simply because it’s a warm gesture, but even then you wouldn’t have an obligation to. And in this case, you’ve never even spoken with the guy. So you really have no obligation to participate if you don’t want to.

If your group director is at all reasonable, she won’t hold your lack of participation against you. Some managers are unreasonable, of course, and do inappropriately pressure people to contribute to things like this or will silently consider people “not team players” if they don’t participate — but plenty more are perfectly reasonable. The latter group might offer you the chance to participate but not care one way or the other whether you do. In general, assume you’re dealing with someone reasonable unless you have reason to believe you’re not.

And in this case, it’s not even your manager who’s organizing this, so I wouldn’t give it further thought.

what your manager is thinking when you ask for a raise

You’ve researched the going rate for your work, documented your accomplishments from the last year, and put together a case for a salary increase, and now you’re sitting across from your boss, having just uttered the words, “I’d like a raise.” And you might be getting a little panicky as you wonder what your boss is thinking.

Despite what you might fear, it’s probably not, “The nerve of this guy!” Most commonly, when you ask a manager for a raise, your manager is thinking about the following five questions.

Am I worried about losing this person?  The subtext to a request for a raise is always “I might go somewhere else if you turn me down.” Even you don’t actually mean that, your manager is going to assume that you do. And so the first question your manager will think to herself when you present your raise request is, “How much would I mind losing this person?”

Does this person deserve the salary she’s asking for? You might be a great worker, but if your salary request would put you outside a reasonable range for the value of your work to the company, your manager isn’t likely to say yes. So it’s key to make sure that you know the market rate for your work before you approach your manager.

Do I have the money to say yes to this request? Your manager might want to give you a raise but not have the money in her budget. Or your company might have an organization-side freeze on raises (something that’s been increasingly common in the last few years). Or she might be able to secure a raise for you, but at the expense of raises for other people who also deserve them, or by using up political capital that she was planning to use on something else.

What would this mean for other people’s salaries? Good managers strive to ensure that people are being paid comparably for comparable work. If your salary request would bump you up significantly above what your peers in the company are making, she might not be able to justify it. Many companies have salary bands for exactly this purpose: specific ranges that each position can pay. Going outside the company’s salary band for your position is difficult to do, although not always impossible.

What’s likely to happen if I say no? Much of the time, this is what it comes down to. Does your manager believe that you’ll look for higher-paying work somewhere else – and find it? Is she willing to take on the hassle of finding and training a replacement? Or does she believe you’ll stick around even without a salary increase?

If you’re a great employee and you have a good manager who recognizes the importance of having a strong team, that good manager will want to retain you (as long as the salary you’re asking for is reasonable and warranted). But it’s important to also realize that there are plenty of employees whose performance isn’t so stellar – and in those cases, their employers often wouldn’t mind seeing them leave. If you’re in that category, your manager might rightly respond to you with, “We not able to adjust your salary, and I understand that means you might leave to find more money somewhere else.”

Knowing how your manager views your performance is key in understanding how she might be likely to react to your request, and how hard you should or shouldn’t push for it.

I originally published this at U.S. News & World Report.

wee answer Wednesday — 7 short answers to 7 short questions

It’s wee answer Wednesday — seven short answers to seven short questions. Here we go…

1. Company gave new employees invasive “personality test”

Recently we hired some new employees at my office. Some of these employees were placed under my supervision, and while I was talking to them, they told me that our HR manager had them take a personality test. I do work with a lot of psychiatrists and psychologists, so we all like to observe people, but I do not feel this personality quiz was okay. None of the questions that were asked pertained to our jobs. For example, “do you prefer sex with a man or a woman?” “Do you support same sex marriage?” “Are you sexually active?” “Do you support abortion?” And many, many more.

I am currently studying law, and from my understanding, these questions are not allowed in the workplace. Are these allowed? The way I see it is, if someone gets fired after this, then they can claim that based on those questions, we discriminated and therefore, that person was let go. But, again, I think a little differently then the rest.

It’s not illegal to ask questions like that in the workplace, although it would be illegal to discriminate based on any answers that related to people’s race, religion, sex, national origin, or other protected class. However, despite being legal, it’s incredibly stupid and irrelevant to the work, and I can’t imagine why your workplace — and HR, no less — thinks it was in any way appropriate. Why don’t you go talk to HR, express your strong opposition to employees being asked such invasive and irrelevant questions, and find out why the hell they’re doing it?

2. Do I have to tell my upcoming new job that my old job just laid me off?

I just accepted a new job. Before I could give my notice to my old job, I got restructured along with half of my department. So not only do I get severance, but I get a vacation before I start my new job.

Do you think I should tell my new employer? I’m looking forward to a couple of weeks off to relax before I start, so I don’t really want to move my start date up and I don’t want them to misread the layoff and use it as an excuse to back out of my hire. Is it okay to just not mention it?

Sure, it’s fine not to mention it. You were employed when you interviewed and didn’t know you were going to be laid off, so you didn’t misrepresent anything, and it’s not especially relevant to them now. Congratulations on the good timing!

3. Can I decline to serve as a reference for my coworker?

I’ve held my current job for 12 years. An acquaintance is applying to a position at my workplace and has asked if he can use me as an employee referral.

The first issue is that I have no way of knowing whether he’s in any way qualified or experienced in the position for which he’s applying, but I realize that that’s our hiring manager’s problem. The second issue is that he has a very offputting mannerism. Specifically, he holds a very intense eye contact with whoever he’s speaking to, whether he’s speaking or listening to the other person speak. It’s well beyond the social norms of ordinary conversational eye-contact timing.

Based on almost 20 years of acquaintance with him, I know it’s not a cultural difference and I’m pretty sure it’s not indicative of any kind of vision problem. And he’s not noticeably socially inept or inappropriate in any other way. He’s a little formal and reserved, but certainly completely functional in social and professional situations. However, this one mannerism has caused many people of our mutual acquaintance to visibly and obviously avoid him. The job for which he’s applying is as a college admissions recruiter, in which his primary role would be to meet with potential students and their parents and attract them to our college.

Given that I have no way to comment on his qualification for the job on a professional basis, and that the only personal recommendation I could give him could not be given in good faith if I didn’t mention this problem, am I justified in telling him politely that I’m not able to serve as an employee referral? I genuinely think he’d be disastrous in this job.

Sure. You can always decline to serve as a reference for anyone if you don’t think you can recommend them in good faith, and it’s kinder to tell them so that they can find someone else, rather than to let them offer your name and them doom them with a lukewarm or worse reference. In this case, you have an easy out — you can tell him that you don’t feel you know his work well enough to provide a useful reference.

But it would be a huge service to him if someone would give him some feedback about the eye contact thing. Maybe you could use this as impetus to speak to his manager and suggest she coach him on it if you don’t feel it’s your place to do it (which sounds likely)?

4. Sleeveless tops in the workplace

I work in a fairly casual office. I recently bought a slew of cap-sleeve and sleeveless dresses for the summer, but realized I might not be able to wear them to my office. My colleagues who are my peers (early 20-ish women) occasionally wear sleeveless tops with dress pants to the office. What are the rules for sleeveless tops and dresses for women in the workforce? I’m not asking about tank tops, but arms showing. Any tips?

It varies by office, of course, but generally speaking, avoid visible armpits in the office — which means no sleeveless tops without something over them. Some cap sleeves are fine, but I’d still invoke the no visible armpit rule — so check what happens when you raise your arms over your head while wearing those shirts; if your armpit stays covered, you’re probably fine. If it doesn’t, you are In Violation and must wear something on top of it.

5. Should my company send my sick coworker home?

If my coworker comes in sick and is contagious with what she claims is strep throat, does the HR department have an obligation to the rest of the employees to send her home until she has a doctor’s note to return? My coworker is coughing and wheezing and clearing her throat and blowing her nose and sneezing all over the place. She then tells the story of how she got sick from her niece who went to the emergency room with strep throat the day before. She has told the story more than once in the last two days and goes on to tell everyone that she just can’t miss work.

I asked my HR manager, and he said there is nothing he can do to make her go home. I was under the impression that if a person is contagious, they most certainly can be asked to go home until they are cleared by a doctor. They did that to me when they thought my cough sounded like whooping cough 2 years ago. If he can’t force her to get a doctor’s clearance, what are my rights because they did force me to stay out 3 days waiting for lab work and there was absolutely nothing wrong with me except a severe cold. I lost 3 days pay.

Your company doesn’t have a legal obligation to send contagious workers home, but smart companies will — because it’s not fair or good business to have other people infected. Still, though, most companies leave it to employees’ discretion whether they come in or not, which it sounds like yours is doing. Why not ask her yourself not to come in when she’s likely contagious? Social pressure can sometimes do a lot in these situations.

As for why they treated you differently when you had suspected whooping cough two years ago, I have no idea. Maybe it was a different HR person, maybe there was a different manager involved, or maybe you seemed significantly sicker than she did. You’re not going to get anywhere by arguing about that though; you’re better off approaching it from a standpoint of being concerned for people’s health now.

6. Asking to interview by phone for a job overseas

I recently applied for my dream job. They are getting back to us in a day or two about who will be selected for interviews, and the interview dates will be scheduled for a week from today. The problem is that the job is in the UK, and a plane ticket this close to the interview date is close to $2200. I can’t afford this right now. Do I have any options? Can I ask for a phone interview? I don’t want to let this job go.

If you’re asked to interview, you can certainly explain the situation and ask if they’d consider a phone or Skype interview for this stage, but be aware that a lot of companies choose not to deal with non-local applicants (let alone foreign applicants) in part because they don’t want to deal with this type of inconvenience. So while it’s entirely reasonable to ask, be prepared for them not to offer you many options — or to talk with you by phone now but require you to fly out if you advance further in their process.

7. Are meal breaks included in my total time worked?

I am a salaried exempt employee in New York state. I am required to work 45 hours a week. Can my employer subtract the time I take for a meal period from my total, or since I am salaried, is the meal period time included in the total? So for example, I work a 9-hour day with a half hour lunch. Is this considered a nine-hour day or an eight and a half hour day?

It’s up to your employer how they want to calculate that. As an exempt employee, you’re not required to be paid overtime, and so how your company handles your hours is based solely on their internal policies, not any law. (Caveat: I’m answering generally for most states; I haven’t looked into whether New York has some unusual law on this.)

please stop calling it a “big girl job”

In the last year, there’s been a marked increase in the number of letters I receive from women in their 20s — generally recent grads — who just got their first post-college job and refer to it in their letter as a “big girl job.”

You must stop this!

You are not a child. You are not a “big girl.” You are an adult.

And whether you intend it or not, you are undermining yourself and your peers by using this type of language. You’re saying, “I’m still a kid.” But since you’re not a kid, and the rest of us know that even if you haven’t come to terms with it yourself yet, you’re hurting your own credibility and basically saying, “Take me less seriously.” Moreover, you’re saying, “I’m okay with other people taking me less seriously” — and that’s not a message you want to be sending.

I know this is semantics for some people, but there’s a very real switch in mindset that comes with thinking of yourself as a woman, rather than a girl. (Or as a man rather than a boy — but I can’t say I’ve seen very many men referring to themselves in a similar way.)

If you want to be taken seriously in the workforce, you’ve got to think of yourself as an adult — because you are. I know it’s weird to get used to the switch in language — it was for me too when I was in my early 20s. But believe me, prospective employers and your future coworkers are thinking of you as an adult, and that means “woman,” not “girl.”

what to do when your employer illegally treats you as a contractor

A reader writes:

My question relates to being a 1099 contractor for a consulting firm. I was under the impression that I would be working with the rights and privileges of an independent contractor. I was hired to be a software instructor however the organization is not yet ready to train our clients, therefore I will be working in software development/testing (not disclosed to me at time of interview, and something totally new to me.)

When working as an instructor I would work typical classroom hours, which I agreed to. Since I am not yet working in the classroom and am in the office doing development type work, I have been placed under a new supervisor and been told my hours will be longer than expected, possibly include Saturdays, and starting soon will be shifted to a very early or late schedule (7-3:30 or 3:30-midnight — without preference). The work is tedious and I am staring at a screen for hours on end — much different than being an instructor!

As an independent contractor, can they require this of me? If I have to do this development and testing, can I request to work from home? I am perturbed that my Saturdays could be gone in addition to my daily routine! In looking at the IRS website, I was under the impression if they control when/where/how I work, I am no longer a contractor but an employee.

First, some background: As you clearly know, the IRS lays out rules for when someone can be paid as a 1099 contractor and when they must be paid as an employee (which would mean the employer withholds income taxes, withholds and pays Social Security and Medicare taxes, and pays unemployment taxes).What’s tricky, though, is that it’s not a precise formula. The IRS looks at three factors:
1. Behavioral facts — Does the employer control where and how the worker does her job?
2. Financial facts — Are the business aspects of the worker’s job (such as how the worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) controlled by the employer?
3. Type of relationship — Are there written contracts or employee-type benefits?

While this might seem reasonably straightforward, it’s important to note that the IRS says, “Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no ‘magic’ or set number of factors that’“makes’ the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another. The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.”

In other words, it’s not 100% clear-cut. That said — and with the caveat that I’m not a lawyer — what you’ve described certainly sounds like an employee relationship, not a contractor relationship, particularly in regard to the company controlling the hours and location where you work.

So, if that’s the case, what can you do? I’d start by talking to them. You don’t want to come at this in an aggressive “you’re breaking the law” way right out of the gate — because although it’s certainly your prerogative to do that if you want, it’s unlikely to get you a great outcome. People rarely respond well to that type of thing, and you presumably want to handle this in a way that preserves the relationship.

I’d say something like this: “I want to make sure we’re complying with the federal regulations on independent contractors. I think the current set-up is going to be problematic in that regard, especially with having me work set hours from your office, which is a key part of the test the IRS uses. One solution could be for me to work from home.”

If their answer makes it clear that they have no clue what the law on this is, then follow up with, “I want to be as helpful as I can, but I don’t want us to get into legal trouble by misclassifying the position. The IRS says that 1099 contractors are subject to certain rules, such as the company not controlling where the worker does the work. Otherwise, the company could end up with financial penalties.”

From there, a couple of things could happen:

1. They could take a look at the law and adjust how they’re handling this. This could result in you being able to work from home, etc., but it could also result in you not having any work until the classroom part of your job begins (if they’re not comfortable with the work being done from home, for instance). So make sure that you’re prepared for that possibility.

2. They could indicate that they don’t care about what the law says and change nothing. If that happens, you’ll have to decide whether you want to continue to pursue the issue or not. If you do, you could file a claim with the IRS or with your state labor agency … although be aware, of course, that if you do that, the relationship with the company isn’t likely to stay a particularly good one. It’s illegal for them to retaliate against you for filing such a claim, but the reality is that it’s generally very difficult to stay on good terms with a company after filing a legal claim against them, and retaliation can be subtle and hard to prove (and expensive to prove, as well). You might end up deciding that the benefits you’d get from filing a claim are outweighed by other factors. I’m not pre-judging that for you — just telling you to look at all this stuff before deciding how to proceed.

But start with the assumption that they just don’t realize there’s a problem (which is incredibly common), and see if a non-adversarial conversation can clear it up.

the worst career advice you ever received

I recently asked readers to share the worst career advice they ever received. And you certainly delivered! A lot of bad career advice apparently comes from parents – but managers aren’t too far behind them.

Here are the 10 worst pieces of work advice that readers reported hearing.

1. Say whatever it takes to close the sale

“’Say whatever you need to say to close the sale. Then we can worry about resetting expectations.’ This from a seasoned sales manager. I wasn’t in sales, so he wasn’t saying it directly to me, but this is what he was telling his sales reps to do re: the professional services I was responsible for managing.”

2. Major in anything and figure it out later

“’Major in whatever you want and then figure it out later.’ What was helpful when I was having panic attacks at 18 wasn’t so helpful when I was having panic attacks about what I’d do post-graduation at age 21. So then I went to grad school because it seemed like the safe, familiar choice, for a major that (turns out) needs a doctorate to do anything with it. And I don’t want a doctorate. Plus, I took out student loans that I’ll be paying back till my yet-to-be-born kids go to college. (I fully recognize these are my own choices; just wish someone had slapped me upside the head and said, ‘No!’)

If I were to do it all over again, I might still pick my undergrad major, but I’d get my act together more about what I’d do post-college before the spring semester of my senior year and seriously consider what kind of life I wanted post-college rather than my at-the-time “dream job,” which has a lifestyle that, turns out, I really don’t like or ever want.”

3. Baked goods and snacks

“’Always bring cookies or other snacks to any meeting you hold, otherwise your coworkers will not be able to focus for an hour-long meeting.’ This advice from my female boss to myself and other female coworkers only.

4. Nuclear submarine captain

“The funniest bit of bad advice I got was when I was seeking advice from my graduate institution’s career center about alternative careers that could make use of the skills associated with my history doctorate so I didn’t have to begin again from scratch. Their suggested alternative? Captain of a nuclear submarine. Truly.”

5. Write your resume in crayon

“The summer after I graduated from college in 1984, I said something to my father about needing to borrow a typewriter to prepare cover letters. He decided I was just stalling the job application process and said that I could use a crayon and a paper bag because it would show an employer I would do anything to get a job.

It would certainly show a prospective employer something, but probably not anything I would want anybody to know! My brother and I found it particularly strange since our father was the president of a small company and would never have considered a cover letter written in crayon on a paper bag.”

6. Management by happy hour

“When I was in my first management job, I had inherited a staff with a  lot of problems. People weren’t doing good work and there were definite work ethic problems on the team. A coworker told me that I needed to focus on getting them to like me and improve their morale before I’d be able to do anything about the problems, and that I should take them out for team dinners and try to cultivate a fun atmosphere in the department. I had no idea what I was doing, so I listened to her – and no surprise, the problems got worse. They assumed I was more of a friend than a manager and that there was no accountability for their performance, and it was nearly impossible for me to establish any authority or consequences after that. In management jobs since then, I’ve been careful to make it clear from the beginning that while I want them to enjoy their jobs, we’re there first and foremost to work, and I don’t have any problem calling people out on bad work – whether it makes them ‘not like me’ or not! As a result, I’ve ended up overseeing teams that are highly productive (and where most people are pretty happy, to boot).”

7. Too ugly to be a secretary

“My best friend’s mother’s advice to her: ‘You better make sure to learn how to do hair because you are too ugly to be a secretary.’ The friend is now a consultant at a top firm and makes great money.”

8. You can deliver pizza and fix their network connection

“I was a Senior Software Engineer, and my whole division was laid off. The first words out of my parents’ mouths when I told them the bad news? ‘You should deliver pizzas!’ I tried to explain that pizza delivery didn’t fit with my career goals (stay in software development) or financial responsibilities (primary breadwinner for a family of five), so I was going to focus on software jobs for the time being. They accused me of thinking I was too good for honest work.”

9. Exactly what interviewers don’t want to read

“’Print and bind a copy of your Master’s thesis and bring it to job interviews so that they can see your research.’ From my MA thesis advisor, on my search for (non-academic, non-research-focused) NGO jobs. Best advice I ever ignored.”

10. Magical powers of the Sunday newspaper

“The worst advice I recall was when I was job searching to move to my present city. My mother got on a kick about the Sunday paper and its central importance in looking for jobs, and how I absolutely had to have it. Much talking about this, and over the course of a couple weeks much inquiring about whether I had the Sunday paper and worrying over the fact that I did not have it, etc.

It finally culminated in her calling on a Sunday afternoon while I was spending time with some friends, and absolutely insisting that it was Sunday, that I needed the Sunday paper NOW NOW NOW, and otherwise any progress in my job search would be delayed for an entire week. She was upset over this. I had not yet learned boundaries and was not so good with the strategic untruth, so I actually physically went to the convenience store and actually acquired the totem item. Left it on the basement floor and went on with what I was doing. I had the Sunday paper, so she was satisfied.

The thing stayed on the floor until it turned yellow and I threw it out. I ultimately got a job from an ad on Craigslist, naturally.”

tiny answer Tuesday — 7 short answers to 7 short questions

It’s tiny answer Tuesday — seven short answers to seven short questions. Here we go…

1. When should I mention IBS to a job interviewer?

When is the best time to mention that I have a sometimes problematic health issue? For most all of my life, I have suffered from IBS (Irritable Bowel Syndrome). Most of the time it has not been a major issue, but when I am under stress (like a new job) it is sometimes worse. And if it is flaring up, it is usually in the morning.

I am not a person that likes to be late anywhere or anytime, so for the most part, I have just tried to work afternoons part-time. But my husband is about to be laid off and I am looking at a new 8-5 job. I am on medication and try to manage it the best I can, but sometimes I just have “bathroom days.” If I am working a job where I am mobile, it is not so noticeable to my employer, but if I am at a reception desk, sometimes it can be a problem.

When is the best time to mention this, if at all? I have an interview on Thursday for a good full-time receptionist position with an accounting firm. The less stress the better, but worrying about this IBS causes stress in and of itself.

Wait to mention it until you have an offer, because you don’t want it to be a reason that you don’t get the offer at all. At that point, you can discuss whether they’re able to provide reasonable accommodation. But keep in mind that reasonable accommodation might not be possible with a receptionist position, where an essential duty of the job is being at the desk the vast majority of the time. If you know that you can’t reliably commit to that, it might make sense to avoid receptionist positions (just like you’d need to avoid, say, trucker positions if you couldn’t always drive reliably).

2. Is this an exception to the “don’t take a counteroffer” rule?

I know and agree with your opinion on accepting counteroffers (don’t do it), but I’m wondering if I may be headed towards a situation that may be an exception to the rule, or if I’m deluding myself.

There is an opportunity at my current employer that would be the logical next step in my career. I have told the person in charge of this hiring decision that I am very interested, and asked what I can do to position myself for a role like the one that is available. I was encouraged to apply, but told that it may be “a stretch” for me at this time. I am not unhappy at my job, and would like to have a long career here, assuming that career continues to progress.

I was recently contacted about a recruiter about a job that would be equivalent to the open position at my current company, and that I seem to be well positioned for in a number of ways. It is still very early in the exploration phase of this opportunity, but for the sake of argument, let’s say things go very well and I find myself with an offer. My instinct would be to go to the decision maker for the position at my current employer and let them know the situation — that I was approached about a job out of the blue, and that I had an offer and it represents a good move onto the next stage of my career. I would explain that, given my ambitions, I would have a hard time turning down this type of offer, but I’d prefer not to leave.

Would this be the wrong approach, given that counteroffers are rarely a good idea? And I were to receive a counteroffer in the above scenario, would it be a bad idea to take it?

Unless you’re at a very small company, this isn’t quite a counteroffer. The hiring manager you’d be approaching doesn’t have the same incentive to keep you as your current manager; in fact, your current manager would be losing you in this deal. Counteroffers are really about retaining an employee you don’t want to lose, but in this case the manager you’d be approaching wouldn’t be faced with whether to keep or lose you; she’d be faced with whether to hire you over other candidates who it sounds like she thinks are more qualified. The fact that you’ve been offered a job somewhere else isn’t likely to suddenly make her think you’re more qualified than she thought you were a few days ago (and if it does, you’d need to seriously question her judgment — which would bring you right back to it not being a good idea to take such an offer).

3. How can I convince my boss to let me work out my notice period?

I work in an HR-related role at a for-profit career college. In the past year, since my “new” president started with us, there has been a ton of turnover, both voluntary and involuntary. I’ve been heavily involved in each incident, and with the exception of one situation very early on, he has never allowed anyone to work out their notice. He indicated that we should discuss this with him if one of our employees quits, but in 99.99% of cases, he says there’s no reason to allow them to work their notice. I actually don’t disagree, since most of the staff that quits absolutely hates him, and allowing them to hang around only riles up the employees still stuck here.

I’ve been with the company for over six years, which is longer than all but two other employees. There are many functions I take care of on a daily basis that no one else knows how to do. We do have a corporate office that could swoop in to train a replacement, but I know it will be a huge burden on my employees if I were to disappear. I am expecting a job offer soon, and I’m wondering if you have any advice about how I can convince him I belong in the 0.01% of people who should be allowed to work their notice. It’s important to me to train those who will be left with my work. I have been tying up loose ends as much as possible over the weeks I’ve been interviewing, and I’ve prepared as many instruction manuals as possible, but if I actually start training people on some of my functions before I leave, my boss will catch wind and fire me. I’ve had an overall wonderful experience at this company, and I want it to end gracefully, not with a disappearing act.

You can’t control whether he lets you work out your notice period or not, and since it sounds like he’s highly likely not to let you, I would start working from the assumption that he won’t. When you resign, you can certainly tell him that you’ve put together a transition plan for training people in your functions before you leave, but it’s up to him whether or not he accepts that offer. And if he doesn’t, that’s really not your responsibility to handle — yes, it will be a burden on your coworkers, but that’s not your fault and there’s nothing you can do about it. Your coworkers will survive, just as others have.

That said, if he doesn’t let you work out your notice period, that doesn’t mean you have to end your work there with a disappearing act. There’s no reason you can’t say goodbye to people you’ve worked with and let them know where you’re going next, even if you have to do that from home after you’re gone.

4. Should I mention tuition benefits in my cover letter?

I am applying for a position at a university, and am doing so for three reasons — first, I love the school and the environment; second, the job sounds like a great fit and I am excited about the position; and third, I am applying to one of their advanced degree programs. One of the perks of working at a university is that you get tuition remission, so I could essentially get paid to earn a degree. Given that fact, I’ve been debating whether or not to mention in my cover letter that I plan to pursue a degree at the institution. On the one hand, I think it shows that I have an interest in staying for a while and am committed to the field (the degree and position are related), but on the other I worry that they might think that I am only applying for the benefit. I am completely qualified for the position, but I don’t want to shoot myself in the foot. I also worry about not mentioning it, and then having trouble getting the okay to take classes down the road. What do you suggest?

I think it’s fine to mention it in passing, but I wouldn’t mention it as one of your reasons for being interested in the job, as they want to hire people who are enthusiastic about the work for its own sake, not because of a tuition benefit.

5. Does it reflect badly on me that I’ve had five managers in the same job?

I have been at my present job for five and half years. This was my first full-time job after I graduated from college, and there have been more downs than up since I have been here, but I have still stuck around. Recently, my supervisor quit after being in the position for five months. So now I am about to be on my fifth immediate supervisor. When I am applying for other positions, does this reflect badly on me as an employee?

It’s very unlikely that prospective employers will know how many managers you’ve had in this position. It’s pretty rare for an interviewer to even think to ask that, so it wouldn’t come up unless you mention it yourself.

6. Interviewing for a job where there’s been a harassment claim

I recently interviewed for a job assisting a department head at an Ivy League school. I have not met the person I would be assisting yet, but did talk to the person who would be my direct manager, who seemed very nice and down to earth. The interview seemed to go extremely well. If I get a second interview, it will be with the department head.

I googled the department head after my interview and noticed that he had a sexual harassment claim against him a few years ago that was settled out of court. It was a very high profile and sensational case. What he was accused of was really disgusting, and allegedly went on for years.

Obviously, this is a really big concern for me in considering this position (I am female, and the person who claimed harassment is also female). I did ask the manager in my follow-up email what it was like to work for the department head, and whether there were any challenges involved. I actually just forgot to ask this in the interview and hadn’t looked into his past yet. I am hoping that he will address the sexual harassment issue if he replies, but I don’t know that he will.

I’m sort of stumped about what to do, and whether it’s appropriate to just ask the department head and/or the manager about it in the interview, or after I’ve received an offer. I don’t even know what to ask though! It is possible that the claim was false but there’s no way to know since it didn’t go to court. I would very much like to work for this university and I could always transfer if working for this guy is intolerable, but I would not like to work in the kind of environment that the claim describes even for a short time.

Well, first, asking about it in an email isn’t likely to get you useful information. People don’t generally talk about this sort of thing in writing; this is something you want to ask about face to face if you want an honest answer.

By the way, it’s worth considering that someone who has been through a high-profile legal battle might be highly unlikely to behave inappropriately again, since it’s extremely unlikely that they’d keep their job after a second credible allegation. (That’s not a guarantee, of course, but you should factor it into your thinking — this is someone who’s now under scrutiny from his employer and the public and who has probably been seriously reprimanded.) That’s not to say that you shouldn’t ask about it and really do some due diligence about the culture there; you should — but factor this in too.

7. Do I really have to keep my job search hidden from my manager?

I know it might be ill advised to tell my manager that I’m looking for a job in general, but I’m a recent college grad. Would it still be a bad idea to tell them and ask for their reference? I just figured they have to know I’m leaving a minimum wage job for something that could actually pay down my student loans. Am I being paranoid or should I not tell my managers about my job search?

I don’t know. What’s their track record of dealing with other people who mention they’re looking for another position? If they’ve shown that they handle it well, then it’s reasonable to assume they’ll handle it well with you too. But if you don’t know, then assume that you should follow the typical convention of not openly seeking to leave unless you have some sort of strong indication that it won’t jeopardize your job. (If you’re in retail or food service rather than an office job, it might be entirely normal to be open about this — although you should still take your cues from how others have handled it.)

my boss blew up at me out of nowhere

A reader writes:

My shock at work started yesterday, when the VP of admin (my immediate superior, and the owner’s spouse) sent an email to one of our contractors referring to me as her assistant. I wouldn’t have even said anything about it, only she mentioned it to me herself, and said “I didn’t know how else to refer to you.”

Thinking that she needed clarification or confirmation about my job title, I said that in future correspondences, I would prefer to be referred to by my job title, which is Office Manager. She thanked me for my input and for letting me know about my preference, and I thought the matter done, congratulating myself for having a boss open to feedback.

This morning, she called me into her office and said that what I did was insubordination, and that I could not speak to her like that, because she was the owner of the company. She said that I did not deserve the title of Office Manager, as I was only doing half the duties of the position. (I am still in the 60-day probationary period for the position.) She said that I didn’t even have a car (which was NOT one of the requirements for the position, and I was even upfront about that fact, and she said herself that it would not be a problem). She said that there was no room in the company with someone with an ego problem, and if I couldn’t get an attitude adjustment over the weekend, then I could just not show up to work next week. She then asked me to leave work early, because she “can’t concentrate on work thinking that she would say something that would offend me.”

My question is this: Was I insubordinate in asking her to call me by the job title I was hired for? Was she right in asking me to leave the office early because I was impeding her job performance? Is there any possibility of salvaging my work relationship with her without becoming a total doormat?

There were other red flags before this — they advertised an $18 hourly rate for the position, but said that because I was inexperienced with the software they were using at work, they were only comfortable offering me $16. I agreed to the decrease in pay, because they said that they would increase it after 30 days depending on how quickly I picked up the software (which I put in writing in my job acceptance email). I was supposed to have an informal job evaluation today, but she sent me home and said that we would have a formal job evaluation next week instead, should I decide to come back. I no longer feel confident asking for the two dollars, even though I’ve mastered the software, and I also no longer feel like I have any job security. There is no one at the company who will advocate for me, because nobody wants to go up against the owner’s wife.

Well, she sounds horrid and a bit insane.

No, it’s not insubordination to be asked to be called by a particular title. It’s certainly possible to make that request in an obnoxious or snotty way, but the request itself isn’t inherently insubordinate. And even if you did ask it in a particularly obnoxious or snotty way (I have no reason to think you did; I’m just speaking hypothetically here), her response to it was silly. In that case, a good manager would say, “Hey, your tone there really took me aback; what’s going on?” or “The title issue aside, you need to communicate more professionally” or whatever; she wouldn’t berate you the way it sounds like you were berated. Berating you was bizarre, unwarranted, and indicative of someone who doesn’t know how to relate to others professionally or exercise authority in an effective way.

And speaking hypothetically again, there’s not anything wrong with a manager saying to someone, “Why don’t you take the next few days off and think about whether this is the right job for you?” if they genuinely mean it. But saying that you need to leave early because she “can’t concentrate on working thinking that she might say something that would offend you” is ridiculous. It makes the situation overly personal and it once again shows that she doesn’t know how to exercise authority appropriately — because as your manager, she could simply get aligned with you on what is and isn’t reasonable, expect you to adhere to those standards, and not spend the rest of her day trembling in fear that she might offend you.

So she sounds completely inept at managing (and at using reason and logic), and you’re right to think that you don’t have any job security because when a loon like this is running around with authority, you have to assume that they could lash out at any moment.

As an aside, for whatever it’s worth, I don’t actually think the pay issue is a red flag. They offered you the salary they wanted to offer, and you accepted it — that’s not a red flag. If they’d then backed out of their agreement to increase it once you learned their software, that would be a problem … but simply offering you a lower-than-advertised salary isn’t problematic in and of itself; you always have the option to decline it or try to negotiate for more.

But that’s irrelevant; the point to focus on here is that you can’t securely work in an office where someone who behaves like this has any authority over you. I’d start looking for another job — preferably at an office where the owner isn’t married to an employee.