you need a not-to-do list

If you have even the most rudimentary time management system, you probably have a to-do list. But you probably don’t have a not-to-do list, and that can be nearly as important in keeping you on track and ensuring that you’re spending your time in the places where it will pay off the most.

Often when you’re struggling to manage your time well, you may find that potential projects, tasks, and meetings keep popping up that aren’t high priorities for you, but which you say yes to anyway because you feel obligated, or you want to be nice, or it sounds like it could be a good idea. But if you let yourself say yes to everything, by definition you’ll be distracting yourself from the smaller number of items that you’ve decided are the most important.

Instead, since there isn’t enough time in the day to do everything that might pop up on your radar, a better path is to make strategic decisions about where you are and – crucially – are not going to spend time. If you don’t make those decisions strategically, the items that don’t end up getting done are more likely to be accidents, rather than things you chose deliberately. Or you’ll simply be stretched too thin, giving short shrift to the things you want to prioritize.

Enter the not-to-do list. The not-to-do list is exactly what it sounds like: a list of things that you’ve decided that you will not spend time on. The idea is that by deliberately thinking that through and making specific commitments in this area, you’ll be more likely to say no to those wrong expenditures of time in the future.

To get started, think back on how you’ve spent your time in the last month. What things did you do that you weren’t a good use of your time? What items came up that have questionable value when it comes to achieving your goals? Write down the items that you think are worthy candidates for your not-to-do list.

Keep in mind that this doesn’t need to be an exhaustive list that details every idea you’ve ever had and discarded. If there’s no danger of being drawn into spending time on it now, it doesn’t need to go on the list. Instead, your not-to-do list should contain the things that you might be tempted to spend time on or that you’re sometimes asked to spend time on and which you’ve decided not to pursue.

These might be very specific tasks like “don’t respond to unsolicited sales calls” or “don’t review junior staff’s client communications unless they’re high-importance.” Or they might be about more general habits, like “don’t agree to meetings that don’t have a clear agenda” or “don’t check work email over the weekend.”

If you’re a manager, you might also come up with a not-to-do list for your team. For example, if you periodically get asked to have a booth at conferences and don’t think it’s a good use of your team’s time, that should go on the list. Or if you have deliberately deprioritized social media because you want your team’s focus to be on other priorities, put it on the list so that everyone is on the same page (and so that you all remember the decision the next time a staff member suggests live-Tweeting your strategy retreat).

The idea is that by thinking these items through, writing them down, and explicitly labeling them as “not to do,” you’re more likely to pause and reconsider before saying an automatic yes next time and to stay focused on what’s most important.

Of course, unless you’re senior enough to make these calls yourself, you may want to loop in your boss so that you can ensure that she agrees with you that it doesn’t make sense to spend your time on X or Y. If she disagrees, you’ll certainly want to know that before saying no to those projects, and that might prompt you to revisit your overall planning and figure out if there’s something else that you can jettison instead. And when you do get your manager’s backing, it’s likely to be even easier to stick to your not-to-do list in the future because you’ll be able to say no with the confidence of knowing your manager agrees with that decision.

when your job interview is at a restaurant where you can’t eat anything on the menu

Last month we tackled the idea of lunch interviews in general. This month, it’s a different spin. A reader writes:

I recently had an on-site interview that went really well. I loved the institution, and I ended up getting the job and am starting in a month(!), but one thing bothered me on interview day. The institution is located in a city famous for its seafood, and the committee took me to a beautiful seafood restaurant. Literally every item on the menu was fish-based…and I am allergic to every kind of fish. Just the smell of the restaurant made me a bit wobbly.

Fortunately there was a buffet that had two fish-free items (steamed mushrooms and rice). The committee hadn’t asked me about allergies or dietary restrictions or given me the name of the restaurant beforehand, and I was really surprised that they took me to a place that might pose a problem for vegetarians or people with allergies or religious restrictions. I also just felt really awkward, as my hosts kept encouraging me to “try one the oysters, they’re delicious!” as I just smiled and ate my sad little lunch. And as I said, every single menu item (and 98% of the buffet) was fish-based, so I couldn’t say “Can I please have the X but without the salmon?”–it would be like ordering crab cakes minus the crab.

How common is this? I come from an (admittedly hippie-ish) institution where the restaurants we use for business have to have options that are gluten-free, vegan, vegetarian, and nut-free, and we ask about dietary restrictions when planning on-site interviews. I assumed this was a policy for most places. I’m sure my hosts would have been mortified if I’d said I had an allergy. Would I have been within my rights (and would it have harmed my chances) to say “There is basically nothing here that I can eat without getting very sick. Can we go literally anywhere else?”

I’d love to tell you that it’s uncommon, but it’s totally not uncommon, at least not in many areas of the country. People who don’t have dietary restrictions and who don’t have people close to them with dietary restrictions often still don’t think about this; it doesn’t register on the radar for many. And it’s definitely not the case that the majority of employers require restaurants used for business have to have options that are gluten-free, vegan, vegetarian, and/or nut-free, although more and more are starting to realize these are issues for a lot of people.

That aside, a reasonable person will be mortified when they realize that they’ve taken you somewhere where you can’t eat anything, and you certainly shouldn’t feel that it’s your responsibility to hide that from them. It sounds like you thought that allowing them to feel mortified might have been bad for your chances at getting the job, but it’s not going to be with most people. (The occasional unreasonable person? Sure. But that’s true of all sorts of other perfectly normal things you could say or do during an interview too.)

So, what should you do if this happens? Well, you’re not really there to enjoy the food, so I think it comes down to whether there’s anything you can eat there or not. Most places will put together a vegetable plate if you ask for it (even if it’s not listed on the menu), and while it’s often boring and flavorless, dealing with bland and boring food for one meal usually makes sense so that you can keep the focus on your qualifications for the job. Ideally, in this situation you’d say something like, “I’m actually allergic to seafood, but I’m sure they can put together a vegetable plate for me, and I’ll be fine with that!”

Of course, if the restaurant won’t even do that or if the smell is going to make you sick, that’s different and in that case I’d explain and use your “can we go literally anywhere else?” language.

But I do think it’s better to say something than not say something, because if you’d given them a quick, cheerful explanation at the start, you wouldn’t have been fielding all those suggestions to try the oysters and they would have had context to make sense of what was happening (and they might think about it next time!).

And yes, in this day and age employers absolutely should be thinking more about this and not assuming that everyone eats the same things that they do.

new hire can’t work the schedule she agreed to, men’s bathrooms vs. women’s bathrooms, and more

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

1. Should my company have more men’s bathrooms than women’s bathrooms?

I am a woman working at a software company of about 10,000 people. Like many software companies, we have about twice as many male employees as female employees.

As our hiring increases, there started to be an occasional wait for the men’s restrooms. One solution that has been thrown out to fix this is to convert some of the women’s restrooms to men’s restrooms. This would mean every other floor has a women’s restroom and some floors have two men’s restrooms. I don’t have any sway in the decision, but I want your take on whether this is ridiculous. I go back and forth on understanding that building more bathrooms is unrealistic and expensive but also feeling like, in an industry where women already feel marginalized, this just adds to the feeling that software is a male industry. Not to mention, it sends a poor message to our women candidates who come to our building for interviews.

Yeah, I don’t think it’s a great idea to make half your women employees walk to another floor to find a bathroom, and you’re right that it’s especially bad messaging in an industry that’s already dealing with a gender problem.

I don’t suppose unisex bathrooms with individual stalls would be an option? That would solve the whole issue, although I understand some people are squeamish about them.

2. New hire can’t work the schedule she agreed to

I’ll start by saying I’m a new manager — six months. I just hired for a PRN position that I desperately needed. I consider my interview style to be blunt and straightforward; I don’t tip toe around the hours or responsibilities of the job. During the entire interview process, I reiterated the hours needed and what would be required in the job, and the candidate was eager in her affirmation that she would be able to meet those requirements. When I called her in again to formally offer her the job, I reiterated the schedule required before having her signing any papers, and again she confirmed that it was no problem.

I schedule her for orientation, and during orientation the HR Director calls me into the office because the new employee is now saying that she has a second job (that was not once mentioned during any of the interviews or the day of signing the offer) that conflicts with the schedule that she agreed to. In fact, she said that the day I had her sign the offer, she was heading to her second job. I told her, in front of HR, that if she is now feeling as though she can not work that particular schedule, she needs to tell me now because that is the schedule that the position requires. She confirmed that she could make it work and that she’s excited about the job.

The next thing I know, after she’s signed all of HR’s paperwork and completed orientation, she comes to me and tells me she can’t work those particular shifts and that she doesn’t want to get stuck with “crappy shifts” because she’s the new person and she knows how they do the new person. I am floored and at a complete loss on how to deal with the situation and, to be honest, her attitude. I’m her supervisor and while I consider myself open with my employees and encourage them to speak their minds and try to be flexible with them, this woman is already trying to take advantage and being, in my opinion, disrespectful before she’s even worked her first shift. My first instinct is obviously not the professional one: unceremoniously show her the door and move on to the next candidate. Any kind of advice on how to handle a new hire who has already lied and tried to throw me under the bus before her first day of work?! Am I an idiot for being completely fooled during the interview process?

No, you’re not an idiot. You were careful to spell out the schedule requirements and she assured you multiple times that she could meet those requirements. However, she’s now telling you that she can’t meet those requirements, and she’s displaying a really bizarre attitude, so I’d end it here. Say this: “It doesn’t sound like you’re able to work the shifts that we need, and I’m concerned that we’ve gone back and forth about this so many times. At this point, it doesn’t make sense for us to keep moving forward with your employment.”

3. What things should I carry to work in my first office job?

I am hoping to transfer from retail to office work sometime this year and was wondering what kind of things should I carry to work. For my retail job, all I needed to bring was my wallet, phone, and lunch.

I am planning to bring a notepad, pens, and just a purse, but the list seems too short and I feel like I’m missing things. Should I get a briefcase to carry my belongings in (and would a rolling briefcase be weird)? What do you recommend?

You actually don’t even really need the notepad and pens; your office will supply those, although it wouldn’t hurt to bring your own, especially if you have a particular pen style that you like.

A briefcase isn’t necessary unless you’ll be carting a bunch of paperwork back and forth; you probably won’t be, especially in an entry-level job, but wait and see if turns out to feel like it would be useful. But I wouldn’t buy one before you start; there’s too much chance it’ll end up going unused. (If you’re thinking a briefcase is a default part of the business world uniform, it is not! Lots of people don’t carry them — in fact, these days more people don’t carry them than do.) If you do get one, though, a rolling briefcase would be unusual unless you’re doing a lot of traveling.

Just your wallet, phone, and lunch will probably serve you just fine in a professional job. You might end up wanting a laptop bag — but again, wait and see what feels useful once you start.

4. Wording to avoid being scheduled for early morning meetings

I need help in wording something. I work 9-5, but get scheduled for a lot of meetings at 8 a.m. or even 7:30 a.m., quite often for the next day. We work internationally, so I understand that there is a small window of overlap in business hours and these meetings must be held sometimes. The problem is that I’m carpooling and commuting from 7:30-9 a.m. and can’t really change that due to my children’s school schedule. Once a week or so, my husband can do the carpooling, but not often and he needs advance notice to clear the extra time on his schedule. I’ve tried joining by phone while in the car, but with kids in the car that did not go well (and even with hands-free, I found it scarily distracting).

I want to put a recurring appointment on my Outlook calendar (which is public by default) saying something like “Please ask before scheduling meeting — carpooling/commuting but can sometimes make exceptions with advance warning” but that seems very wordy. Any suggestions?

By the way, I compensate a LOT on the other end to accommodate the time differences when it’s just me on the U.S. end. I often take calls and exchange emails at midnight and beyond. The meetings are when there are other U.S.-based people who need to be involved.

I’d just mark the time off as busy and not include the explanation. If you want to convey that you can occasionally make exceptions, I’d use this wording: “Can occasionally schedule in this period with X days advance notice.” There’s no need to explain the reason.

5. Two-column cover letters

I’ve read about using a T-style cover letter with “Your Requirements” on one side and “What I Offer” on the other. This is supposed to save the hiring manager time because they can see exactly how you match their job ad. What do you think of this approach? Worthwhile, or it is better to stick to a conversational tone and conventional paragraphs?

Spelling out your qualifications in a chart feels a little unsophisticated, and I’d rather see how you communicate in a traditional letter. There are certainly some hiring managers who like it, but I think you can write a stronger and more effective cover letter without it.

weekend free-for-all – April 16-17, 2016

Olive reclinesThis comment section is open for any non-work-related discussion you’d like to have with other readers, by popular demand. (This one is truly no work and no school. If you have a work question, you can email it to me or post it in the work-related open thread on Fridays.)

Book recommendation of the week: Small World, by David Lodge. I don’t know why I like send-ups of academia so much, but I do, I do. You will laugh out loud.

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

boss wants me to work for someone who was imprisoned for fraud, online degrees, and more

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

1. My boss wants me to work for someone who was imprisoned for Medicare fraud

For the past 18 months, I’ve worked full-time for a physician. I am her only employee, so I’m responsible for not only general office work, but I also create and submit claims to insurance companies for patient visits. I work from the office Monday-Thursday when she sees patients, and on Fridays I work from home.

She recently proposed the idea of letting another doctor, who was responsible for hiring her after medical school, use her office on Fridays when she does not see patients. As part of that, I would need to come in on Fridays to assist this doctor. Long story short, this doctor was recently released after spending three months in prison for Medicare fraud and was also placed on probation by his state’s medical board. She considers this doctor a friend and she says she would be helping someone out who was “stupid” as opposed to acting criminally.

Because I am a chronic people pleaser and was caught off-guard, I basically said yes and even suggested a few patients we could send his way. Upon further reflection, I really do not want to get involved with this man and his business in any way. I do not know him or the circumstances of his imprisonment, but I really do not want my name tied to his work in the future. I also am kind of annoyed that she offered my services to this man whom I’ve never met and would not agree to work for if he offered me a job. What is the best way to approach my boss about this?

How’s your rapport with your boss? If it’s pretty good (and hopefully it is since it’s just the two of you), I’d say this: “I’ve given this more thought, and I’m not comfortable working for Bob, given the Medicare fraud. I certainly respect your desire to help him out, but I don’t feel comfortable doing work for him. I’d like to ask that I continue the work I do for you on Fridays from home and not alter the arrangement we’ve had so far.”

If she pushes you to change your mind, you could say, “I really do feel strongly about it. I wouldn’t have accepted a job with Bob, and I don’t feel comfortable ending up working for him now.”

Ultimately, she’s your boss and it’s her prerogative to say that this is now part of your job. If that happens, at that point you’d need to decide if you want the job under those changed conditions or not. But it’s reasonable to open up a conversation about it.

2. Asking for a partial telecommuting or flex schedule

I am currently employed in Baltimore, but my dream job at my dream nonprofit organization in northern Virginia has just opened up. They contacted me about this opportunity.

I’ve been through two phone interviews – one with HR and one with the person who may be the supervisor for the position (due to restructuring, it could be her boss). They have told me they are more than impressed with my experience, etc., and the topic of where I live and where they are headquartered did come up during the initial HR phone screening.

This organization does allow employees to telecommute. The HR person danced around a possible policy that states an employee must be there for a certain amount of time first; she wasn’t sure if that was the case or if it was up to the manager for the position. I suggested an alternative for the first several months of employment, should I be the candidate they choose. Baltimore to northern Virginia isn’t an impossible drive during non-rush-hour times, so I suggested a schedule that would allow me a few hours to work from home in the evening and/or morning, and avoid rush hour traffic. I would be in every day at first and we could work on a telecommuting schedule. She left it open, and said it’s something that could be discussed. During the second interview, it was never mentioned.

For family reasons, I would not be able to work full-time in northern Virginia so a flexible schedule is a must. The commute would add hours to my day that I can’t afford to give up. I am 99.9% sure they are going to invite me in for a face-to-face. Should I bring this subject up if they don’t during the next interview or wait to see if an offer is made? I am flexible with being in the office, but can’t do 8+ hours AND potentially 4+ hours in the car too.

Well, they know this is an issue and they know your proposal for handling it. I’d leave it alone for now and just see how the rest of the process plays out. If they make you an offer without addressing this, you can raise it again then. But for now, I’d assume that the HR person has passed it along to the hiring manager, and the hiring manager is keeping it in mind as an issue that will need to be resolved. If the HR person sucks and hasn’t passed it along, that doesn’t really change my advice — I’d still wait and bring it up at the offer stage, and you can mention then that you had some preliminary conversation with the HR person about it.

Whether they’re likely to agree totally depends on them. For some employers and some roles, this wouldn’t be a big deal. For others, it might be a disadvantage to your candidacy but not a deal-breaker, or they might agree only if they think you’re unusually strong. For others, it could be a deal-breaker. There’s no real way to know, and I don’t think there’s a lot to gain by trying to hash it now, before they’ve even figured out if they want to make an offer. Once they do, they’ll have more incentive to get into the details of how this could work.

3. Name change when you’re in public relations

I work in public relations and do on-the-record media interviews for my employers.

I recently divorced and changed my name back to my maiden name. The thing is, I did a lot of interviews using my old name that I’d like future employers to know about when they google me to see old interviews.

How can I note that on my resume? Would I put under a job when I had that name? Would I put it at the top of my resume? Or is this information better to explain on LinkedIn (which it seems a lot of potential employers are looking at?)

I’d put a parenthetical on your resume that briefly explains it. Maybe something like this under the most recent job where you had that name:

“Generated media coverage in the Teapot Times, the Llama-Gram Express, and dozens of other national publications (many interviews done under my previous name, Lavinia Montblanc)”

I wouldn’t just explain it on LinkedIn, as most employers will be primarily looking at your resume.

4. Online degree programs from nonprofit schools

I read some past posts about for profit school models, specifically University of Phoenix and the criticism they face. I wonder if you might initiate a post with your thoughts on nonprofit online degree programs.

I’m working on my second bachelors degree online at ASU (already have a theatre degree and wanted to study information technology). I live in a city with a reputable university that has a similar program in their adult education school. I sometimes wonder what an employer will think of an online degree, especially from ASU (where admission was very, very easy). I’m sure they will put two and two together when they see I’ve been working in one city for many years and my degree date coincides. They may raise eyebrows too when a great university was right at my doorstep.

I can’t keep transferring from program to program wondering who is the most legitimate, but after getting a degree in theatre I want to land with something that I perceive as more solid.

I can’t speak to ASU specifically, but the really key thing when it comes to online degrees is whether the school is nonprofit or for-profit. For-profit schools generally have terrible reputations and often terrible practices to accompany said reputations. The reputation of nonprofit schools is much, much better.

As for online degrees more broadly (assuming we’re talking about nonprofit schools), they’re much more accepted than they were even a few years ago, especially if you pick a rigorous program and can talk about it in a way that demonstrates its rigor. There are certainly still people out there who are wary of them, but there are far fewer of those people now.

a round-up: obesity, sex discrimination, and overtime pay

Three interesting developments related to employment law that you may be interested in, plus one more rant —

• The 8th Circuit Court of Appeals has ruled that obesity that isn’t linked to or caused by an underlying medical condition is not an ADA-protected disability.

• Back in July of last year, the EEOC determined that discrimination on the basis of sexual orientation is illegal because it’s inherently discrimination because of sex. Last month, it announced that it has filed its first two discrimination cases based on sexual orientation.

• So, the federal government has proposed a major change to the rules that govern who must be paid overtime. If it becomes law, you’d have to be paid a minimum salary of $50,440 in order to be exempt from overtime pay requirements – a big increase from the current threshold of $23,600. If the new rule becomes law, employers will have to either track and limit the number of hours a large pool of people can work or start paying them overtime … or, of course, raise their salaries to the new threshold, which in some cases might be the most cost-effective way to proceed for employees who work lots of overtime. There are going to be really, really big ramifications to this. It hasn’t been clear when the new rule might take effect (if indeed it does), but employment lawyer Jon Hyman says he’s hearing that the regulations will publish in July with an effective date in September.

• And last, I can’t believe that in yesterday’s post about workplace rants, no one linked to the amazing memos from the Tiger Oil CEO in the 1970s Here are some excerpts for you to enjoy, but then you must go read the full thing:

“I swear, but since I am the owner of this company, that is my privilege, and this privilege is not to be interpreted as the same for any employee. That differentiates me from you, and I want to keep it that way.”

“I have noticed the rugs throughout this office are very dirty from people spilling things on them. I will have them cleaned (which will cost me $1,000.00); and, in future, if people cannot carry their coffee without spilling it on my rugs, we will do away with the coffee pots entirely just as we did away with the food.”

“Do not speak to me when you see me. If I want to to speak to you, I will do so. I want to save my throat. I don’t want to ruin it by saying hello to all of you sons-of-bitches.”

open thread – April 15-16, 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 :)

farewell party for everyone but me, company wants me to pay for email, and more

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

1. Farewell party for everyone but me

I’ve recently left my old team to transfer to an international office and received a promotion. Before I left, we had quite a few people from our team (maybe six?) leaving for various reasons over a few months time. Most went to other departments/teams within the company but two left the company altogether. All of them were given their own small party/happy hour to say goodbye and usually a gift card or small gift. However, when I left that didn’t happen.

We were all of the same level of seniority (some even less than me) and it’s not as if they had give more notice than I had – in fact, the opposite. I had been planning this move for over six months before I actually left (the legal/visa process took a long time) and my direct manager was super supportive of the move. She was really helpful in my interview process and gave me a glowing internal recommendation, so I can’t imagine there was ill will about the move or even shock that I would leave.

The last four weeks I was in the office, I had training for my new role but one of my coworkers had mentioned to me that they would have to plan something for me – since everyone else had a party. And she seemed excited. We even talked about times/days after work that would work for me. Obviously I didn’t want to send an email asking about my “free party/happy hour in my honor” or anything that made it seem like that was my expectation. Regardless, when that never happened, I was quite frankly offended and felt singled out. I still feel as if maybe these coworkers or maybe our management didn’t like me as much as the others or no one felt i deserved it.

I still get emails from some of my old team asking for work-related advice or the mass emails sharing some personal news (births, weddings, etc.) and I am but professional. However, I feel as if some of the friendliness has left those exchanges because I’m still angry/hurt. How should I handle this going forward? Do I have no right to be upset in general? Is this normal to single out one person like I have been?

I’d write this one off to the old saw about how you shouldn’t attribute to malice what can be explained by ineptness. It’s much, much more likely that your coworkers just forgot to do this than that it was a deliberate slight. Maybe the people assumed that the person who mentioned planning something to you had it covered, but it fell through the cracks for that person, and then it never happened. Also, if you being in training for your new job the last four weeks meant that you weren’t physically in your old department, it’s all the more likely that it just slipped people’s minds.

It doesn’t feel good to be forgotten, certainly, but I’d try not to let it cause bad feelings. It sounds like they treated you well while you worked there and are continuing to try to stay in touch, and that your manager was really helpful and supportive — those things matter so much more than the lack of a goodbye party. I totally get that it stings, but that’s such a small part of the larger picture — try to focus on the other things you know about these relationships.

2. Company wants me to pay to upgrade my work email storage

Our company uses Google for just about everything, including email. My free drive storage is full and I can’t clear enough space out for new emails! I am a long-time employee and keep track of emails that hold sensitive information for numerous people. There is a plan with increased storage that is only $1.99 a month, but they have told me to buy it myself. Why would I do this? I don’t have the time to keep cleaning out my email and shouldn’t be deleting some of the things I already have. I feel like they aren’t hearing me out or paying attention to the real issue here. What should I do?

They suck; of course they should pay for this. Of course, that’s assuming that they agree that you shouldn’t be cleaning out your email; it’s possible that do want you to clean it out. Sometimes employees stockpile way too much email, and it’s reasonable to tell them to at least archive some of it.

But if that’s not the situation, I’d say this: “This is a business expense. Can you help me understand why you’re suggesting that I should personally pay to be able to continue to use my workplace email account?”

3. My boss is having my employee do work for her old company

I have one subordinate who we’ll call Sherry. Yesterday Sherry met with me to express her concern over her overwhelming workload. She said she had a lot on her plate, and would I please help her prioritize. As we were looking over her project list, there were a few projects that were assigned to her from my boss (Jane). I was a bit taken aback by this since it was done without my knowledge.

Additionally, the work Jane has asked Sherry to do isn’t exactly work for our company. Jane has only been with us for about six months. Her previous position was for a very similar company (a competitor of sorts), which we think she still moonlights for. The project Sherry has been asked to do work for is marketing materials for that previous company. While it’s still possible that this project is tied to our company, it seems unlikely. As evidence, an email chain to kick off the project between Jane and the company was forwarded to me. In it Jane uses her personal email, not her company email…adding to the suspicion.

What should I do in this instance? While it’s possible it’s related to our company, Sherry’s priority should be elsewhere and not working on this Jane side project. There’s no real way to know if this is for our company or not, until it goes live and then I can bring it to other managers and ask if they had knowledge of it. Is there another option I can do here? What do you think?

Two options: If Jane strikes you as a generally reasonable and not vindictive person, you could ask her about it directly: “Sherry mentioned to me that she’s doing some marketing work for LlamaGrams Inc. We wouldn’t normally have someone doing work for another company, and especially not a competitor — can you tell me more about the context for this?” Nope, only one option. As I wrote the part I just crossed out, I realized this is so sketchy that you should go over her head — either to Jane’s boss if you have a good relationship with her or to your HR department. In either case, make sure the person knows that you need it handled in a way where you won’t suffer retaliation from Jane for reporting it.

Read an update to this letter here.

4. I’m hurt that my boss had a coworker fill in for me while I was out sick

Last week, I took two days off sick. While I was away, my boss had someone in a completely non-related role (who is still training and therefore doesn’t have a full workload yet) cover for me. My job is skilled, but it’s unfortunately one of those jobs that nearly everyone thinks they can do. While the person who covered has previous experience working in my type of role, I feel like this was way out of line, as it sends the message to everyone in my office that just anyone can step in and do my job, which I don’t believe to be true. I don’t feel like this would have happened with any other role in my office – the work would have to wait or people in the same role would cover. I feel deeply hurt and, quite frankly, completely devalued. Should I speak up? If so, what should I say?

What?! No. Don’t complain about this. You were out and your boss had someone else — who has experience doing this type of work — cover for you. That’s pretty normal, certainly reasonable, and not something to complain about it. The only way there anything complaint-worthy here is if the work wasn’t time-sensitive and could have easily waited for you to get back and your coworker messed something up. If both those things were true, it would be reasonable to ask your boss to let things wait for you in the future and to explain why. But otherwise? No.

I do sympathize with the part about everyone thinking they can do your job — but your boss didn’t go to just anyone. She went to a person with experience doing it.

5. Reassuring employers that a past medical issue won’t interfere with my work

In May 2014, I was signed off by my doctor with stress and depression, mostly job-related. My employers weren’t particularly helpful, and in July 2014 we decided to part ways. I had been working full-time while completing a part-time university degree, and I decided not to return to employment until my degree was completed, so that I could give it proper concentration. I am going to finish the degree in May, and I am now applying for jobs. I have a reasonable explanation for what to say when asked why I left my last job, but I am completely terrified of the reference my previous job might give me (a friend is checking this for me), and what to say if they mention the medical leave. If it comes up, how can I reassure potential employers that that situation won’t come up again?

“I was dealing with a medical issue that has since been resolved.” You don’t need to get into what that medical issue was (and neither should your former employer) and the prospective new employer isn’t permitted to ask. “Has since been resolved” are the key words here, since that gets at any worry that it will interfere with your work in the future.

Read an update to this letter here.

why it’s complicated for your employer to let you work from another state

Two letters on a similar theme:

1. My boss says that to work remotely, I’d need to become a contractor

I have been working for the same employer for 11 years with a great performance history. I recently asked if I can work remotely as I am moving out of state.

My boss is indicating because our company is not registered to do business in this other state I would have to convert to a contractor. We have many employees that work remotely from other states. It feels odd that this is the path I would need to take. Is this fishy or legit?

It’s not fishy that they don’t want to register to do business in a whole new state. That can be an expensive undertaking and, depending on the state, it can subject them to a whole host of different employment laws (hi, California).

However, you can’t just convert to independent contractor status without changing some fundamental things about your role. Whether someone is treated as an employee or contractor isn’t just up to the employer’s preference; it’s controlled by factors laid out by the IRS here. It’s possible that your manager is proposing changing your role so that it complies with those regulations, or it’s possible that she doesn’t realize that she would need to, or it’s possible that she figures you’ll be fine with ignoring the law on this since it would benefit you in some ways (lots of people in your shoes would be okay with that, but it’s a risky thing for your employer to count on because at any point you could change your mind and get them in trouble).

Keep in mind, too, that as a contractor you’d be responsible for your own payroll taxes, which means you’d be taking home less money at the end of the day, unless your employer was willing to pay you more money to cancel that out.

2. I’m already working from another state, and I’m worried we’re doing it wrong

I work for a very small Florida business that does not have an HR person due to the small size. Recently, I relocated to California for my husband’s new job. I was able to work out an arrangement with my employer where I work remotely and pay out of pocket for any travel to the office, likely a quarterly trip. I feel that is a fair arrangement, given that he is allowing me to work remotely.

But because we don’t have an HR department, we failed to think through the implications of having an employee in California, such as an increase in workmen’s comp insurance. According to a coworker, my boss does not want to pay the increased rates and is considering having me work as a contractor in order to avoid that. I know if I agree to become a contractor, I will not be eligible for unemployment insurance should my boss decide to terminate the long-distance arrangement. I have been hesitant to bring up this topic because the coworker disclosed the information to me in private. And in the meantime, the company has not updated my address in payroll, so I am not paying into payroll taxes, etc. for the state of California.

My boss avoids conflict and unpleasant discussions and typically does not do anything until forced to, but I would like to resolve this soon because I don’t want to be penalized by the state further down the road for not paying California taxes. I am debating whether to raise the subject and suggest that I pay the increase in the workmen’s comp, etc. as a fair trade for allowing me to work remotely. I would really appreciate your perspective on this situation and how to arrive at a fair arrangement for both my employer and me. (As an FYI, please note that my health insurance is provided through my husband’s company so I do not utilize my company’s health plan.)

I want to keep this job because I do enjoy the work, I like the occasional travel element and also being able to work from home, and the pay is significantly higher than what I would earn for the same job where we now live, even after deducting the travel and other costs.

Well, you’ve touched on one of the issues with your boss’s possible plan — the fact that you wouldn’t be eligible for unemployment benefits if you lost your job. You’d also be responsible for paying your own payroll taxes (which is why most contractors charge a much higher rate than employees do for the same work), and you wouldn’t get paid time off (unless you specifically negotiated that, but it would be fairly unusual; typically independent contractors don’t get benefits at all). And, as with the letter above, you can’t legally convert to independent contractor status without changing some fundamental things about your role.

On your employer’s side, in addition to the added expense of workers comp insurance in a new state, they’d have the burden of figuring out and complying with a whole new state’s employment laws, and California’s are not known to be the most simple or the most employer-friendly. To give you just a few examples:

  • As an employee in Florida, your employer is not required to pay out any accrued vacation time when you leave your job. But as an employee in California, not only would your employer be required to pay accrued vacation time when you leave, but they aren’t allowed you to prevent you from rolling over hours (so if they only allow employees to roll over X hours to the next year, they’d have to drop that policy for you).
  • If you’re non-exempt, in Florida you need to be paid overtime for any hours over 40 that you work in a week. In California, you’ll need to be paid overtime for any hours over eight that you work in a day as well.
  •  If you’re exempt from overtime pay in Florida, you might not not be exempt in California. To be exempt under federal law, your primary duties must meet various tests to show that you qualify under the “executive,” “administrative,” or “professional” exemptions. But in California, your employer must show that you spend more than half your time on the duties that meet those tests (a subtle difference, but one that could change your exemption). Also, if you work in software or design and you’re exempt under federal law, your salary may not be high enough to qualify you as exempt under California law (they have a higher salary threshold for those professions).
  • California law requires that different information be provided on your pay stub than Florida requires, and has monetary penalties for not complying.

I’d bet money that your employer doesn’t realize most of this, since most small employers outside of California don’t. You might figure that it’s not a big deal since you’re not going to report them for any of this stuff, since it’s in your interests to be able to work remotely. But it’s really, really not in your employer’s best interest to just turn a blind eye to the legal differences, because no one can predict the future and it’s possible that it will indeed pose a problem for them at some point. (For example, let’s say you get unfairly fired, and you’re treated horribly in the process. You might quickly change your mind about not turning them in for what would likely be multiple legal violations.)

So, where does that leave you? Well, given all of this, it really might make sense to convert to a contractor status, change the nature of the role so that it complies with contractor regulations (if that’s possible; depending on the nature of the work, it may not be), and negotiate a higher rate of pay to cover your increased tax burden (and you could point out to your employer that they’ll be saving on payroll taxes and benefits). But if you stay an employee, I’d make sure your employer realizes all the legal ramifications of that; it’s better to be up-front about it now than to have it cause issues later. Plus, if this stuff is a deal-breaker for them, it’s better to figure that out now than to be blindsided by it later once you’ve gotten comfortable with the situation.

And if you can’t get them to even change your payroll address, I’d take that as a pretty telling indicator that this isn’t likely to work out in the long run.

update: my boss is pressuring me to consult after I leave for a new job

Remember the letter-writer whose boss was pressuring her to consult after she left for a new job (#4 at the link)? Here’s the update.

Thank you so much to you and your readers for your advice/reassurance. I’ve been in my new role for about a month now and am doing well. It’s been a steep learning curve in a number of ways but I’ve been working really hard to get caught up.

I’m so glad that I didn’t end up doing the consulting — I’d have been burned out for sure. There were two instances that solidified my decision to say no. The first was a meeting where she turned to me and said, “If you can consult, we can add this to your to-do list.” (My immediate thought–whoa, no. The task she was talking about was not at all related to the project she had previously wanted me to work on). In that same meeting, she also made a joke about how “cruel” I was to leave in front of two colleagues from other departments (a joke — dramatic and not exactly making me want to help her out more).

When I told her that I would give her my full focus for my time there and would prefer to do the same with my new employer, she jumped to “Did they tell you no? Would it help if I called and talked to someone?” I told her no, that it was my decision and that I felt it would be too much of a time demand to balance both. She was ultimately okay with it and even offered to give me a great reference for future roles.

Interestingly, that steep learning curve in my new position that I mentioned has a lot to do with her. She was so overbearing (about my personal life — I mentioned in the comments that she really thought I needed to break up with my boyfriend, who she’d only met once or twice and about whom she knew very little) and would always refuse suggestions from entry level staff so much so that that mentality has actually stuck with me. I think of myself as someone who is creative and speaks up, but after working under my previous boss, my default has become not speaking up and getting extra approval for everything. I’m working on pushing past this, especially because my boss has made it clear that she wants to hear my ideas and trusts me to handle certain projects independently. It’s awesome that my opinion is valued and I’m trusted and I’m trying to get used to that.

I have gotten a few emails with questions from my replacement and one former colleague. I’ve tried to be helpful, but they often are not simple questions about where a file can be found and are more about how I would recommend they handle X issue or project so I’ve had to put boundaries up–primarily by responding with “X folder will give you the information you need” and leaving it at that.

Thanks again for your advice!