3 updates from letter-writers

Here are three updates from people who had their letters answered here in the past.

1. My boyfriend is pressuring me to act as a big sister to his trainee

I spoke to my boyfriend about my discomfort about his insistence on me emailing his colleagues and such, and although he said he’d respect my wishes, that he couldn’t understand why it was strange to him. He said his company wasn’t conventional anyway and he’d always wanted to be unconventional too. I tried my best explaining it but he just couldn’t understand so we just left it as is. It didn’t matter when I told him I have plenty of people backing me up on how weird they thought it was–even his own mother! I said that it doesn’t matter whether he was trying to be “different” with his methods; as long as it made me uncomfortable, I won’t do it.

I think he felt disappointed that I wouldn’t do this for him because it did make him look “good” to his team, but to me it was just stupid. Anyway the subject was never approached again and things are fine as of right now. I want to thank everyone for voicing their opinions! It gave me the confidence to speak up.

2. My coworker announced all the reasons I shouldn’t get a promotion, in front of our coworkers (#3 at the link)

First of all, I got the job! They were so impressed with my application and performance that they decided not to even interview external applicants. So thanks for all those articles of your’s around CVs and cover letters.

Second piece of good news, they have swapped around some of the reporting lines, so the person I wrote to you about won’t be my direct report. They will still be in the same office though, so I can still employ a lot of advice you and the readers were kind enough to give me. I also hope to pass this advise on, and be a support to the person who will be managing her.

So thanks for everything, no doubt my experiences will lead to even more reasons to write to you now.

3. My relationship with my new boss and director has taken a bad turn (#2 at the link)

Director was transferred and replaced April 1. His parting gift to me was to recommend to his successor that I needed two weeks of immediate, intensive “retraining” due to significant performance deficiencies. When the new director contacted me to schedule this, I requested specifics regarding my poor performance. Surprise – there weren’t any. When old director was contacted for clarification, the only thing he could provide was that I attempted to take over a project that was assigned to someone else. I was able to immediately forward specific emails assigning me to that project.

I requested a brief meeting with new director, where I (politely and professionally, I hope) laid out my concerns. He was positive about going forward. The only odd part was when I confirmed that he had received the project emails. Essentially, they (admin) have been put in the position of knowing the old director lied about me, but they’re not willing to take any action. I’m hopeful that the change in supervision is enough to turn things around.

open thread – May 6-7, 2016

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

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

fired VP trashed our office, when is my application response rate good enough to stop worrying, and more

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

1. A fired VP trashed our office and won’t stop emailing us

The small company I work for (seven people) recently fired our VP (via phone, no less) and he trashed our office, stole contracts, payroll/billing files, employee files etc. This was seven weeks ago. Since then, the former VP has taken to cc’ing the entire company on every email he sends — things like demanding his employee file, demanding to be reimbursed for mileage, saying how bad our president/owner is, etc. He is now threatening to show up at our office and “wait until his mileage is reimbursed.”

Our president/owner — who is more of a silent partner and we maybe see him three times a year — has taken a very laid-back approach to dealing with this. In fact he’s done next to nothing about it. We are now afraid the former VP will show up in a hostile manner and disrupt business. Is there any legal thing we as employees can do to get our president to deal with this situation accordingly? At the very least, can we claim this is causing a hostile work environment and do something with that route? We are at our wit’s end with all of this!

I can’t think of any legal options you have to force your president to act (“hostile workplace” means that the conduct is based on sex, race, religion, or another protected characteristic, which isn’t the case here), but that doesn’t mean that you can’t push him to deal with the situation. It would be perfectly reasonable for one of you — ideally whoever is most senior in your office — to say to your president, “This is becoming disruptive and we’re concerned he will show up at the office, which isn’t something any of us feel equipped to deal with. What can we do to get him whatever reimbursements he’s owed and put an end to this?” That person could also say that the situation is making people feel unsafe and needs to be dealt with.

Additionally, it sounds like your company has grounds to pursue legal action against this guy (although if the president doesn’t want to do that, that’s his call). Also, assuming you’re not the person whose job is to deal with things like reimbursements and requests for his employee file, you could block his emails or set them to go straight to your trash, so that you’re not stuck being a witness to all of this.

2. When is my application response rate good enough to stop worrying?

How does one know what a good response rate is for job applications? When is the percentage good enough to stop worrying?

I work in the entertainment industry as a stage manager, and I applied for 19 summer seasonal positions during the past several months. Seven invited me to interview, and two offered me a job (two others might have, but they didn’t offer me an interview until after I’d already accepted a position at one of my top choices, so I never got the chance to find out).

Looking at those numbers, I feel like I’m doing pretty well–about a third of the jobs I applied to wanted to interview me, and a decent percentage of those gave me offers. But I still agonize over the ones that did neither: did I screw something up? Was some part of my resume/cover letter not doing what it was supposed to?

I feel especially silly about this because, I mean, I got a job! The worrying part should be over! How do I give myself permission to stop agonizing over this?

The percentage is good enough to stop worrying when you’re getting interviews for jobs you want, and at least one offer for a job you want.

The assumption underlying your question is that if you’re qualified for a job and sending in good application materials, it should result in an interview. But that’s not correct — employers hear from many qualified candidates with good application materials, and they pick the ones who seem closest to what they’re looking for. That means that it’s very normal for many good candidates with good materials not to get an interview.

It’s certainly possible that your resume or cover letter could be improved (most people’s could). But they’re apparently doing their job, based on your results.

3. Can I leave my phone number off marketing materials for my freelance work?

I’m a doctoral student, and while I wait patiently for the faculty job market to improve (haha) I’m planning to branch out into freelance copy editing part time. My question is: Would it be acceptable to leave my phone number off of most of my marketing materials (business cards, website, etc.)? What about my resume, at least when I send it to individuals rather than businesses? It’s my personal cell phone. I expect that most of my work will be academic manuscripts to start, and at this point I’m not sure whether I’ll have more success getting work with publishers or individual authors. I don’t have a land line or (since I’m freelancing) an office phone, and I would rather be able to control that access at least until I have a chance to correspond with a client a little bit.

I think it will look odd to some people if you don’t list a phone number, and others won’t care. If you want to screen for clients who are happy to communicate over email and screen out the ones who aren’t, this would be one way to do it. But if you’re not able to be that picky yet, I’d include a phone number.

However, it doesn’t have to be the number for your personal cell. Why not set up a Google Voice number and put that one down, and have people leave messages that you then check?

4. When I cover for a colleague who’s on leave, should that go on my resume?

For the past couple months, I have been covering for my colleague who is on family leave. I’ve basically taken on their role in addition to my current responsibilities, although my title and pay grade have remained the same. Would you recommend including my temporary job duties on my resume? Or would it make more sense to discuss them in a cover letter or interview?

If you feel like the additional responsibilities have strengthened your candidacy for the jobs you’re applying for, include it on your resume. You can either focus specifics of what you’ve accomplished in that area or you can just write “served as acting communications manager for three months, including X, Y, and Z.” (The former is stronger than the latter, but might not be practical, depending on the circumstances.)

5. Talking to my boss about participating in a clinical study for anti-depressants

I’ve qualified to participate in a clinical study for anti-depressants. The commitment would be a one-hour appointment once a week for five weeks, and then an hour appointment twice a month for three or four more months. The clinic is only open 8 a.m. – 4 p.m., so I would have to go during work hours.

I would like to participate, not only because of the compensation, which isn’t necessarily a lot, but for the opportunity to contribute to research in a field that has affected me personally throughout my life-myself and several close family members.

How do I ask my boss about the viability of participating without having to reveal it’s for an anti-depressant study? I am the only person in the office, and the summer months are very slow. It’s not so much that my boss would mind me having doctor appointments, as I just don’t know what to say–he’s a very caring person and I don’t want him to think anything of it. I don’t think I would mind telling him the reason except it still seems that mental illness has a strong stigma around it and revealing that it’s something I struggle with would be crossing personal/professional boundaries. On the other hand, the university where I work is doing a big campaign on mental health awareness, but that seems geared more toward students than staff. I would love to hear what you think, and how others have had conversations (or not) about their mental health struggles with their bosses when needing time off for things relating to it.

You don’t need to explain the nature of the appointments at all — it’s fine to just say that you’re going to have a recurring medical appointment for the next few months. No further details are necessary, and your boss really shouldn’t ask anything further.

my company wants to stop me from discussing my salary with coworkers

A reader writes:

I work at a retail job with mostly hourly positions and low wages. This is more or less my first “real job.” On the day I received my first paycheck, I had a question related to tax exemptions, so I asked a coworker, showing her my pay stub. Seeing this, my manager told me to put it away and that it was company policy not to share pay information. I knew this was illegal, but I didn’t make a fuss (I’m transgender and trying to get people to use my correct pronouns is enough of a hassle, so I didn’t want to be seen as a troublemaker).

A few weeks ago, another coworker had a similar question, so I showed him my paycheck. Predictably, my manager stopped me. This time, I told her that preventing employees from sharing their pay information was against the law. She expressed disbelief (“I don’t think this company is in the habit of making policies that are against the law”) but told me she’d talk with her higher-ups and get back to me.

The next morning, she called me and told me “you’re right, it’s illegal for us to do anything about you sharing your pay information, but we still highly discourage it because it can cause hard feelings and workplace drama.”

My problem is that I doubt anyone else (besides me, my manager, and the other coworker involved) realizes that we have a right to share our pay information. My impression is that pay is pretty crappy all around, and no one feels like we have any power to negotiate our wages. I also wonder if there’s some pay discrimination going on (weirdly, the boss seems to be biased against male employees).

I’m pretty willing to take some flack from my managers over this, since I’m leaving in a month. But I have no idea how to go about it. There isn’t really much time at all to socialize with coworkers since there’s so much work to be done (and usually only two or three employees covering the whole store at any given time). Should I put up a poster? Print out some fact sheets? Really really awkwardly try to have a one-on-one conversation with each of my co-workers?

You can do any or all of those, depending on what you’re most comfortable with. However, be aware that the more overtly “organizing” ones (putting up posters and handing out factsheets) are more likely to have repercussions on your relationship with your manager and employer. It’s illegal for them to retaliate against you for exercising your legally protected right to discuss wages and working conditions with your coworkers, but retaliation can be subtle and difficult to prove. It can be the difference between a reference that’s “fine” and one that’s glowing. That doesn’t mean that you shouldn’t go that route — if no one were willing to take those sorts of risks, we’d have far fewer rights — but you should be aware of that possibility before you take it on.

If you want to go the more cautious route, I’d talk one-on-one with your coworkers and let them know their right to share pay information. But I definitely don’t want to discourage you from speaking out more broadly if you’re up for doing that.

It’s interesting how little known this fairly significant right is, so here’s some more information for people who didn’t even know this was a thing:

The National Labor Relations Act gives all employees the right to “engage in concerted activities,” which includes the right to discuss your wages and working conditions with each other. Employers aren’t allowed to prohibit you from discussing your salary, and any attempts to do so violate the NLRA. (People often think of the NLRA as being about unions, but these provisions apply whether you’re unionized or not.)

There are some exceptions to this though:

* The protection only applies to non-supervisory employees.

* It only applies to discussions with coworkers. You can still be prohibited from discussing your salary outside your organization. (This may make more sense when you consider that the point of the law is to protect your ability to organize with coworkers for better wages/working conditions. But employers are still permitted to consider their salary structure a trade secret and prohibit being released outside the company, to competitors, etc.)

* The law doesn’t require employers to allow wage discussions during times that you’re supposed to be working. However, singling out pay discussions for prohibition while allowing other non-work-related conversations wouldn’t fly. So if they prohibit you from socializing/chit-chatting/talking about TV at work, then they can include this too. But they can’t say, “You can talk about your kids and what you did this weekend but not what you’re paid.” If they allow non-work-related conversation on the job, they have to allow this.

* Your employer can limit your conversation about pay in front of customers.

* You wouldn’t be protected by the law if you obtained information about other employees’ pay through files known to be off-limits to you or because your job gives you access to other people’s salary records, or if you get others to break access restrictions and give you confidential information. So your coworker can tell you how much she makes, but getting the bookkeeper to tell you how much a coworker is making wouldn’t be protected by the law.

* The law doesn’t apply to government employees, agricultural laborers, domestic workers in a home, people employed by a parent or spouse, or independent contractors.

A lot of people are reading this with a deep sense of confusion right now — because all of their employers have told them that they couldn’t discuss pay with their coworkers. It’s an incredibly frequently violated law, and most people (including managers) think these policies are normal and have no idea that they violate the law. It’s a weird thing, and good for you for wanting to educate people about it.

my coworker is pushing help on me that I don’t want

A reader writes:

I work under a general boss, as well as a project manager. I do more of the day-to-day technical tasks, whereas my project manager handles budgets and dealing with vendors/stakeholders, etc. However, she is either super-effective or there is not enough project-management work to keep her busy all of the time, so she helps on things that I would normally do. I have a decent amount of work to do at this point, but not to the point where I feel like I need help. It’s somewhat disconcerting to open a query two minutes after it’s arrived to find that she’s already on it. Also, I either have to spend time walking her through performing the technical nitty-gritty stuff, or I have to spend time correcting things, when it would have been more efficient for me to just do it. I just wish I could do my own thing.

Am I not being a team player here, or is this unusual? If it is unusual, how do I go about addressing it? It’s especially hard because she’s a lovely person.

I answer this question — and four 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.

how should I handle last-minute schedule change requests without being a jerk?

A reader writes:

What is a reasonable policy for last-minute schedule changes or days off? I’m new to management and have a team of six. So far I’ve approved last-minute schedule changes because I understand that life happens and the reasons haven’t been outlandish. However, I think that I’ve been too relaxed.

I had about 14 last-minute requests over the last four weeks, ranging from finishing the day from home to working the entire day from home to taking the day off. Besides the high volume and not knowing when Teapot Tester Tina or Teapot Maker Tom will be around, the frequent changes result in multiple project shifts and sometimes delays. We haven’t had any major catastrophes, but I don’t want it to get that far.

Each person on my team is unique and many have family situations that play into this, from serious family illness to being a single parent. I don’t have children, and I don’t want to be unreasonable due to a different personal situation. For example, one person has a parent who is seriously ill, and will leave early or ask to work from home to drive them to their appointments. This person has a scheduled work from home day to allow for flexibility due to this, but appointments commonly come up on other days. Other team members have children and will ask to work from home when childcare falls through, or to leave early to get them from the bus and finish the day from home. Custody issues have also caused last-minute partial days off.

Multiple doctor appointments, a few family emergencies, sick days, and funerals have also come up over the last few weeks.

I want to say no questions asked on funerals and sick time… and family emergencies… and all of it! Life is messy and I want to be as supportive as possible of my team. However, the volume and resulting disruption in project work is becoming a problem. It also seems unfair to the people who never have last-minute schedule requests.

Technically our work can be completed from home, but commonly things move so quickly that it’s important to be in the office. It is also my boss’s expectation that everyone is in the office for at least eight hours every day unless they are ill, in which case everyone is encouraged to take the day off or work from home if they’re feeling up to it.

From reading your blog, I know I should focus on the issue of frequently fluctuating staff and my boss’s expectation, rather than the reason for each and every request. What’s a fair policy that supports and encourages a team while still maintaining a standard of being in the office?

(As a side note, scheduled work from home days and days off are much less of a problem. If we know when someone is unavailable ahead of time, we can schedule project assignments accordingly. This also allows me to make sure that there are enough Teapot Makers and Teapot Testers to keep the assembly line moving smoothly.)

The question to ask should always be, “What’s the impact of this on our ability to get work done at a high level over the long-term?” If you can give people flexibility without causing serious disruption, you should — because, as you point out, life is messy. And being flexible and accommodating is how you attract and retain good employees.

That said, some jobs do require working in the office the vast majority of the time, and it can legitimately cause disruption when you have a bunch of last-minute schedule alterations to work around. The thing I’d want to know here is: How disruptive is it? If it’s pretty minor, I’d try to err on the side of continuing to be flexible. After all, illnesses and child care emergencies and so forth will always cause some degree of disruption; that’s just how it goes when you employ humans. But if the disruption is more than minor, then yes, you probably need to look at changing something.

In your case, one reasonable approach would be to say that last-minute requests to work from home or to take a partial day off should be saved for emergencies or illness. That would allow people to continue doing it for illness, doctor’s appointments (which fall under health stuff and are just part of the deal when you employ people), funerals, or personal emergencies, but would discourage people from the more optional things, like leaving early to pick up a kid from the bus stop and finish the day from home.

With your employee who wants to leave early or work from home to drive her sick parent to appointments: If it’s truly impacting the work, it would be reasonable to say something like, “I want to be as accommodating to you as possible, but I also need to balance it against the needs of the team as a whole. I know you can’t always schedule appointments for your work-from-home days, but are there other things we can do to minimize the time you’re away from the office?” Simply having a conversation about this might help solve it; the person may not be aware that what she’s currently doing is a problem. (It might also make sense for her to take intermittent FMLA for the time she needs.) But also, if this would be solved by you having more advance notice of her schedule changes, ask for that! That would probably be far easier for her to do.

As for whether giving flexibility to people who ask for it is unfair to the people who never request it, I’d argue no. It’s to their benefit too to work for an employer that allows this kind of flexibility, even if they don’t need it right now, because they could need it in the future. Most people will appreciate knowing that it’s there, as long as they don’t routinely end up picking up other people’s slack. That last part is important, though; if they are having to bear the brunt of their coworkers being away, then you need to take another look at the question of impact (because that very much counts as impact).

Also! Don’t ignore the fact that you and your boss have different viewpoints on this. If your boss wants everyone in the office for eight hours a day unless they’re sick and you’re more flexible, then you need to talk with your boss. Ideally you should be able to make these calls for your department and should be able to say to your boss “here’s the system I’d like to use and why I think it’s best” and your boss would say “it’s not how I would do it, but as long as things are running effectively, it’s your call.” Of course, in reality, your boss might be unreasonably rigid on this issue and not agree to let you manage it as you think best … but if that’s the case, it’s better to bring that to the surface now and figure out how to handle it than have it come out by accident later, when it might appear to your boss that you were intentionally undermining her clearly stated preferences.

interviewing when you only have one candidate for the job, retention bonuses, and more

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

1. Interviewing when you only have one candidate for the job

Remember the letter-writer in February wondering if should start job searching now or wait to hear if she got a promotion (#3 at the link)? Here’s an update and follow-up question.

Just a few days ago, I got the promotion I wrote in about. It took a long time for boring reasons I won’t get into, but your response and everyone’s comments were a great help in getting perspective throughout that period. I’m super excited, and of course overwhelmed, but it’s all good.

As I’d explained in the comments, I’m in a two-person department, so I’m now the manager instead of the staff person. My company has a strong promote-from-within culture, so we started the hiring process for my replacement with an internal-only posting, which has generated one applicant.

The good news is, it’s a great applicant. I haven’t worked closely with “Chris,” but I’ve interacted with them and their supervisor enough to know they are bright, personable, and a hard worker. Chris has the right degree and right amount of appropriate experience. From everything I know, I’d be happy to hire Chris, but I want to make sure I’m properly evaluating them, and not just rubber stamping. Any advice on handling this sort of only one candidate hiring/interview process?

Pretend to yourself that Chris isn’t the only candidate, and do the type of evaluation that you’d do if it were a competitive, multi-candidate process. Otherwise you run the risk of going in thinking “are there any deal-breakers here?” when you really want your framing to be “am I excited about hiring this person and do I think they will excel at the work?” Those are two different mental frameworks. Just looking for deal-breakers can lead you to hiring someone who ends up not excelling and just being kind of mediocre, which isn’t what you want.

Also, before you think about Chris at all, spend some time getting really clear on what the must-have skills and traits are for the role, so that you can then compare Chris against those things — and figure out exactly how you’ll assess for each item on your list (specific questions to her and/or her references, exercises, looking at past accomplishments and work samples, etc.). Otherwise, you can end up doing a mushier type of evaluation that isn’t really tightly tied into what you actually need. (This is true in normal hiring situations too, but it’s especially a danger when you’re only talking to one candidate.)

2. Do I need to keep writing thank-you’s to my boss, who loves to give gifts?

I was always taught growing up that it’s important to write thank-you notes when someone goes especially out of their way to help you or gives you a gift. My manager at my current job is a very gift-giving sort of guy. He travels internationally a lot and always brings back little trinkets for me and my coworker. He also gives us $30 gift cards at our birthdays and Christmas, and bought us both flowers last week for Administrative Appreciation week. When he first started here (about a year ago), I would write a little thank-you note for each gift, but now I’m wondering if it’s really necessary or even appropriate for me to be continually thanking him for this kind of stuff, or if it’s okay for me to just say “thank you” in the moment and call it good.

And a related question is, when I travel internationally (which I do occasionally), am I expected to bring back little souvenirs for my coworker and manager as well? I know your policy is that gift-giving goes down the chain, not up, but when I keep getting all these little gifts from my manager, it makes me wonder if I should be reciprocating.

Thank-you notes in this case are really kind and gracious, but it’s also okay to just say a sincere thank-you in the moment. In fact, that’s the formal etiquette rule — that if you open a gift in the presence of the gift giver, you can simply say thank-you on the spot, and a later thank-you note is optional. So you might stop doing them every time and perhaps save them only for particularly notable occasions — or, even better, pick a time each year to write him a note expressing your appreciation for him as a manager (if you can do that sincerely).

I am very sure that your manager isn’t doing all this in hopes that you’ll reciprocate; he sounds like he’s just doing it because he’s a nice person and probably enjoys it. So I don’t think you need to worry that you’re meant to be reciprocating. (That said, if you occasionally brought back some sort of regional food treat from a trip, it would be a nice gesture — but you shouldn’t feel you have to.)

3. Looking for a job when you’re on a performance improvement plan

Can I look for a job if I have been placed on a performance improvement plan (PIP)? Will I get a bad reference? Will they tell the company I’m applying at that I am on this and give a bad reference?

You can indeed look for a job while you’re on a PIP, and in fact you really have to — because as you probably know, a PIP is basically saying “we may let you go at the end of this process if we don’t see these changes.”

The good news is that it’s pretty common practice not to contact someone’s current employer for a reference. Most employers understand that doing so could jeopardize your current job, and it’s very normal to ask for your current employer not to be contacted. You may end up getting an offer that’s contingent on a reference from your current manager at that point — but depending on what the issues are that led to the PIP, your manager may be strongly inclined to help you make an easy transition to the new job by not giving you a reference that would stand in your way.

There’s more advice advice about being on a PIP here.

4. Do retention bonuses work?

I’m wondering what your view is on retention bonuses. I’ve just been offered $10,000 by my employer on condition I’ll stay for another 12 months, as I have been actively job searching and am quite unhappy in my job – I’m overworked, stressed, unsupported and beyond that the company is in a period of turmoil with staff leaving in droves. Do they actually work? I’m not driven by money so am not particularly tempted, especially as this equals compensation for only an extra 3.8 hours a week worked beyond my agreed hours!

They do often work! It’s particular common to see them in cases where a company is closing down or moving and wants to give people an incentive to stay on until the end, since otherwise they’d obviously be actively job searching.

I wouldn’t take $10,000 to spend another year miserable, unless you’re in truly dire financial straits where the money is essential to you. And keep in mind that it’ll be closer to $7,500 after taxes, and will break down to about $625 a month. That not nothing, but your price tag for misery might be a lot higher.

5. Can you be fired if you have a disability that prevents you from doing part of your job that wasn’t in the listed duties?

Totally off the wall hypothetical here, but there are two facts about workplace law where I’m curious about how they interact.

First, the fact that many jobs seem to have a list of specific duties and responsibilities, but also round it out with the line, “and other duties as necessary.”

Second, the fact that employers are allowed to ask whether or not a person is able to perform the job duties with or without accommodations.

What happens if a person accepts a job where they can perform the listed duties, but maybe something comes along the way that they can’t do because of a disability even if there was an accommodation made? Hopefully a good employer would work with them, but could they legally be let go if they weren’t able to perform some part of the job that wasn’t explicitly outlined?

Well, the Americans with Disabilities Act (which is the law in play in your second law) protects people who can perform the “essential functions” of the position with or without reasonable accommodation. “Essential functions” are things that the person in the job absolutely must be able to do — i.e., the reason the job exists is to perform that function (for example, an essential function of a bus driver is to drive), and/or there are a limited number of employees who can perform that function and this person must be one of them, and/or the function is highly specialized and the person is hired for that ability specifically. In determining whether something is essential, the EEOC (the federal agency that enforces the ADA) looks like those factors, as well as things like the time spent performing the function, the consequences of not performing it, and whether other employees are available to do it.

An employer couldn’t legally fire someone who was able to perform their essential job functions just because their disability prevented them from performing what the EEOC calls “marginal or incidental job functions.” So if you were able to do your essential duties, your employer couldn’t fire you because you had a disability that prevented you from, say, occasionally changing water jug coolers or occasionally driving in a job where that wasn’t a core function.

I overheard my boss saying she needs to find a way to pay me less

A reader writes:

I work a program manager in a small unit in a big government office. This morning, I overheard my supervisor discussing with a colleague some fiscal concerns she has about the program I manage and the position that I’m in. Basically she said it’s untenable to keep paying me as much as I make over the long term, and they’re going to need to find a way to pay me less.

Can I send her an email saying “I overheard you talking to Fergus this morning. Is there anything I need to know about the Teapot Grant?”

Is there some other way I should handle this? Can you confirm for me that it’s totally uncool for me to overhear this in an open bank of cubicles? For what it’s worth, I’ve been in this job for less than a year and got a glowing 6-month review, but in the past 4 weeks my supervisor has been cold and squirrely with me.

Thanks. I’ve been feeling weird about this job for a while and couldn’t figure out why but I guess this must be part of it.

Yes, if she was discussing this in an open area, that’s really inappropriate and thoughtless of her.

I’d definitely ask her about it, but I wouldn’t do it by email, and I’d be more direct.

You want this to be an actual face-to-face conversation where you can see her face and body language and have back-and-forth. It’s also presumably a pretty sensitive topic, so email isn’t the right medium.

And you want to be more direct because “is there anything I need to know about the Teapot Grant?” is pretty vague and doesn’t necessarily bring the issue right out into the light, which is where you want it.

I’d just be as direct as possible and say something like this: “I want to be up-front with you that I overheard you and Fergus talking earlier today and it sounded like you were saying that my pay will need to be reexamined at some point. I know I may have misheard or not understood the context, but I didn’t want that festering in my head without talking to you directly.”

Some people will tell you that because this was something you overheard and not a conversation you were part of, it’s inappropriate for you to comment on what you heard. That’s certainly a good rule in some cases, like if what you overheard was something that didn’t involve you in any way. But when something so directly affects you — and it’s your pay! it doesn’t get much bigger than that at work — it really is reasonable to say “hey, I know this wasn’t meant for me, but I did hear it, and now obviously I have some pretty pressing questions.”

In fact, a reasonable manager would prefer that you come talk to her in this situation, because the alternative would be drawing your own conclusions, and possibly doing that incorrectly. I sure as hell wouldn’t want an employee overhearing something like this and figuring “well, I better start job searching” if she had actually misunderstood what we were saying. And if she’d heard me correctly, well, I might feel like this wasn’t the timing I would have chosen for the conversation, but I’d certainly understand why it needed to happen now.

But even if your manager doesn’t see it quite like that, as long as you’re professional in the way you raise it, it’s a reasonable conversation to initiate.

why do so many companies never respond to job candidates?

A reader writes:

I am amazed at the number of times companies have stopped communicating during the interview process without explanation. In this era of email, I don’t understand why a brief note isn’t sent to let a candidate know they are no longer under consideration.

My most recent experience was with a company that flew me, at great expense, out to their HQ on the opposite coast for a round of in-person meetings with company executives after three earlier phone interviews. The hiring manager stated I was on top of his list and that he’d call me on Monday; this was a Friday.

I immediately sent thank-you notes to everyone I had met, yet received no responses. After a week, I left a voice message requesting an update. After 4 more days, I sent an email requesting a status update and including a proposed 30-60-90 day business plan, to which I received a brief email thank you and a promise of a call within two days. This was more than two weeks ago and I haven’t heard anything.

I’ve heard similar stories from friends also in the market. What am I expected to do now?

I answer this question 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. This one in particular used to be a favorite topic of mine, but I haven’t written about it recently so it was nice to get a chance to revisit it.

You can read it here.

our meetings are being ruined by dogs and a toddler

A reader writes:

I serve on a nonprofit board of directors and am actively involved in a number of committees that frequently meet during the workday. While the organization tries to make a good effort at keeping meetings short and succinct, there are two main problems that keep this from happening: toddlers and dogs. One employee frequently brings her toddler to work — which, good on the organization for bring flexible, but having a small human in a meeting is distracting and disruptive. (She will also bring her child to conferences, 21+ events for the organization, and tabling events, which I find to be less than professional.) The office is also dog-friendly, and these canine companions sometimes don’t get along with each other and you’ll frequently walk into a meeting with dogs and a kid running around. So, meetings that are only scheduled for an hour will typically run over due to the myriad of distractions.

I bring my own issues to this situation. I don’t really like children and I’m wondering if this is clouding my perspective. Would it be appropriate to bring this up with the organization’s executive director? I think having some additional office policies would go a long way to making the organization more professional and making things run more efficiently.

If you’re on the board, you absolutely have standing to say something!

At a minimum, it would be entirely reasonable to say, “When we allot one hour for meetings, they often end up running longer, and I think it’s due to having a toddler and dogs there. Let’s talk about how we can manage meetings differently, so that we keep things moving and aren’t getting distracted.”

That’s at a minimum. Frankly, it would also be reasonable to say, “I’m finding the presence of kids and dogs are lowering our focus while we’re meeting” and ask to have kid-free and dog-free meetings.

Now, that’s just about the meetings themselves. As a board member — who’s charged with the overall governance and effectiveness of the organization — it would be reasonable for you to wonder what other impact the toddler and the dogs might be having. If you’re finding it’s a distraction that slows down single meetings, what does that mean for the work of the organization’s employees? Unless this is a two-employee organization, I’d bet lots of money that there are employees there who are frustrated at the distractions they’re having to deal with all day long. And is there liability to the organization if someone’s bitten? It’s absolutely your place to raise this with the executive director.

If nothing else, the office needs to have policies in place about minimizing distractions to others if you’re bringing a kid or a dog to work — like that they can’t be allowed to disturb others, can’t wander unattended, can’t continue to come in if they’re aggressive toward other dogs, etc. (More on that here.)