.wp-polls .pollbar { margin: 1px; font-size: 6px; line-height: 8px; height: 8px; background-image: url('http://skloverworkingwisdom.com/blog/wp-content/plugins/polls/images/default/pollbg.gif'); border: 1px solid #c8c8c8;} Sklover Working Wisdom › Your Interactive Mentor on Job and Career  “My Former Employer Keeps Telling Clients I’m Still Employed – What Should I Do?” Published on October 10th, 2008 by Alan Sklover Question: I recently resigned from a job as a licensed engineer with a private consulting firm in Michigan to accept a job with a government agency in Louisiana. It’s been brought to my attention that my former employer is still using my resume, credentials, and name on proposals to attract work. They are concerned that if particular clients find out I’m no longer employed there (because of my additional credentials) the company could lose some very large contracts.Can I demand compensation for the use of my name and credentials?If not, how do I get them to stop using my name? Norma, Baton Rouge, LA (All names are changed)Answer: Two really great questions. Let me take them one by one:A. Yes, you can demand compensation for the use of your name and credentials. However, I’m concerned that if you do, you might just find yourself with a real problem:1. First, if you say to someone words to the effect “Give me money or I will tell someone you are doing something wrong,” you are committing the crime of extortion. So, make sure if you contact them, you don’t say it that way.2. Second, what your former employer is doing is a kind of fraud – they are, in effect, telling clients and prospective clients that you and your abilities are still there. I believe your taking money and allowing them to do that makes you a participant in that fraud.3. Third, if a building falls down, a computer crashes or some other bad event takes place, I think you could find yourself sued for negligence or engineering malpractice.4. Fourth, I’m concerned that your present government job may prohibit your working elsewhere at the same time and, if they find out, they might fire you. For these reasons, and others like them, I surely discourage you from taking money to let your former employer keep using your name and credentials in proposals, on their website or in any other way. B. To stop them from doing so, I’d suggest a friendly-yet-firm letter to them requesting that they do two things: (a) stop doing what they are doing, and (b) provide you with written assurance that they have stopped and won’t do so in the future. I suggest you send it by Certified Mail, Return Receipt Requested, or by Federal Express or UPS Overnite.I don’t think you need to “burn bridges” [excuse the engineering reference], so I would not in any way threaten them. However, if they do not stop and assure you they are stopping, then send them a second letter, making the same two requests, and this time tell them that you have no choice but to contact their clients if they do not. I think that should do the trick.Thanks for writing. Hope you enjoy the Blog. Consider “Subscribing” for free – it sends our Q & A’s and newsletters to you, FOR FREE. Best, Al Sklover  Q & A | Send this article to a friend | Print |  No Comments » A Note to Our Jewish Friends… Published on September 28th, 2008 by Alan Sklover  Our Best Wishes to allOur Friends of The Jewish Faith - and all others, too – for a Sweet,Happy, Healthy, Safe andProsperous New Year. Uncategorized | Send this article to a friend | Print | No Comments » “To Negotiate my Employment Contract, Should I Hire an Attorney to Help Me?” Published on September 25th, 2008 by Alan Sklover Question: While the non-profit I work for searched for an Executive Director, I served as Interim Executive Director. I have been told the Board views me to be their favorite candidate. I am also told the Board had wanted to hire someone with a Masters degree, which I do not have, and that the Board would like to offer me a salary below the advertised salary, so that they can hire a consultant to assist me.Do you think I should hire an attorney to help me negotiate my salary and my contract? Noah, from Anniston, AL(All names are changed)Answer: You should always use attorneys, and other professionals, (a) when necessary, and (b) to the extent necessary. No more, no less. In your circumstances, I suggest you consult with an experienced employment attorney, as soon as possible.In negotiating employment contracts, it is always worthwhile to (a) consult with an attorney about your negotiation strategy, so that he or she can guide you, and serve as a sounding board for your thoughts, ideas and concerns; (b) once an agreement is reached on basic terms (such as salary, term, benefits, job description), then you should always use an attorney to make sure the written document is accurate and comprehensive.I say these things because I have had so very many people come to me with problems in their employment that would probably have been prevented by having a trained, experienced, watchful eye on your side.Incidentally, in deciding whether to choose a particular attorney to work with, don’t be reluctant to inquire to make sure:(a) The attorney has experience in representing employees at your level in employment contracts. Don’t be afraid to ask for references, so you can ask others if they were pleased with his or her work and work style;(b) The attorney has never represented your employer, or other organizations like it, because he or she might be subconsciously tempted to see your matter as an “introduction” to a potential organizational client; and(c) The attorney has a mindset more inclined to the business world than the courtroom. He or she must understand that the goal of your efforts is to build a strong, long-lasting working relation, not to vanquish or conquer an opponent.Hope this helps. The rest is up to you, and your employment attorney. Best, Al Sklover Q & A | Send this article to a friend | Print | 1 Comment » “Do I have a Right to Know the Reason I was Let Go?” Published on September 23rd, 2008 by Alan Sklover Question: I was recently fired from my job. I worked there about 6 months. And without any notice I was terminated. I asked why and they said they didn’t have to give me a reason. Do I have a right to know why I was let go?” Daria, from Battle Creek, MI(All names are changed)Answer: Plain and simple: No, unless you had an employment contract that said you had a right to be told, which is unusual. When an employer ends the working relation, the employee has no right to know the reason why. And, likewise, when the employee is the one who ends the working relation, the employer has no right to know why. That’s the way it is. Best, Al Sklover Q & A | Send this article to a friend | Print | 1 Comment » “Being Placed on a Performance Improvement Plan (”P.I.P.”). What should I do?” Published on September 21st, 2008 by Alan Sklover Question: I have worked for a multinational company in England for six years. I have always received positive performance reviews. I’ve been promoted three times, most recently three months ago.Two weeks ago my manager called me into an informal meeting, without notice, and told me he had received several complaints about me, specifically that I supposedly: (1) don’t share information; (2) I don’t thank the team enough; (3) I don’t delegate authority; (4) I am reactive, and bark orders; (5) I don’t lead by example; (6) I deflect blame to my team.I’ve never been told these things before, and I wasn’t told who said them. After I was honest in expressing that I think these things are so vague, and incorrect, that I don’t think these have any substance. I was then told a second meeting would take place which would be “formal,” and at that meeting I may be placed on a 30-day Performance Improvement Plan (“P.I.P.”).I asked for a copy of emails reporting these allegations. I asked why my boss waited so long to tell me these things. I asked why I did not get a chance to defend myself in an informal meeting before a “formal” one was scheduled. I’ve received no response, but a formal meeting has been scheduled for next Thursday.Two questions: (1) How should I approach the meeting next week? (2) Do I have a case to take my company to Employment Tribunal for attempting constructive/unfair dismissal? Edmond, from London, England(All names are changed)Answer: You are right: (a) These allegations are anonymous; (b) they are terribly vague; (c) they follow you getting promoted just three months ago; (d) the procedure sure seems rushed, without good reason. All in all, it seems very much that you are being “set up” for a fall by being placed on a P.I.P. for some reason.Please look in our Newsletter/Q&A Library at Newsletter 1, entitled “Always Push Back at Poor Performance Reviews,” and our Q&A 3, entitled “P.I.P. - Can My New Boss Do That?”In these situations, we recommend that you respond calmly, clearly, totally respectfully, and most importantly, IN WRITING (preferably in an email) to the allegations as you know them. These are the steps: (1) Question the Facts: are they Not Accurate or Clear?; (2) Thus, the Conclusion(s) must be questioned, as they cannot be accurate or correct; (3) Question the Procedure used, which seems to be wrong; and (4) Question the Motives, that is, why this is being done. Last, (5) suggest a different path, such as an independent investigation of what is going on, or that the CEO or Board of Directors be apprised of this turn of events.Your letter should go to both your manager and the HR representative, and you should ask that it be placed on the agenda of Thursday’s formal meeting.Though I am not fully familiar with English law and the rules and ways of the English Employment Tribunals, it does seem to me that you have a potential case for attempting unfair or fraudulent dismissal. Please consult English Counsel who are specialists in this area.At this time we are preparing a new part of our Blogsite: a Library of Model Letters for adaptation and use by our Blog Visitors. It will not be available for a few weeks; for that reason, I will email you a copy of the Model Letter we suggest you review for possible adaptation in your matter.Be proactive; be vigilant. Something is under way, and it seems potentially under-handed. Best, Al Sklover Q & A | Send this article to a friend | Print | No Comments » “Any tips on how to negotiate severance?” Published on September 19th, 2008 by Alan Sklover Question: I was informed my job was being eliminated on August 18 and my last day at work is September 18. The reason was due to budget issues. I have not been offered severance, and I have not been able to find a new job, either.How can I ask for severance? I need some advice or a sample letter to draft. I have nothing to lose at this point, and would love some professional advice on possibly negotiating a severance package. Sarah, from Atlanta, GA(All names are changed)Answer: There is so much to say, I’ve written an entire book about it: “Fired, Downsized, or Laid Off – What Your Employer Does Not Want You to Know About How to Fight Back.” (Henry Holt Publishers, 2000) It’s an easy read, and costs only about $15. It’s the most popular book on the topic. You can purchase it (new or used) on Amazon.com, or on our Blogsite. See “Self-Help Materials” on our Blogsite homepage. Best, Al Sklover Q & A | Send this article to a friend | Print | No Comments » “My Boss Complains Behind My Back - How Should I Respond?” Published on September 18th, 2008 by Alan Sklover Question: My boss is a guy who loses his temper quite easily. He loves to scold his subordinates, and complains about them to others, behind their backs. When I hear from others how he complains about me, I don’t know what to do. Any suggestions? Jenny, from Taipei, Taiwan(All names are changed)Answer: First, I have this question for you: Are you sure you need to respond at all? If he talks behind everyone’s back, even negatively, do people really care what he says? If it does you no harm, you may not need to respond, at all. I’m not commenting on your boss, but it is often said, “Let sleeping dogs lie.” That is my first suggestion: do nothing, unless something needs to be done.My second suggestion is this: to anonymously remind your boss that what he is doing is hurting only him, and will hurt him more if he continues. That is, you might consider sending him an anonymous note (but make sure it is not traceable back to you in any way) that says, “Your habit of complaining about subordinates is hurting the morale of the employees, and in this way it is hurting the shareholders. You should stop, because if you do not, we will have no choice but to let Senior Management and Human Resources know that you are doing this. We would not like to do that. Thank you.” Because he wants to keep his job, he just might control himself.Third, a more direct way, although potentially harmful to you, since your boss loses his temper easily, is to write him an email note that says, “I have heard others say that you have told them that certain parts of my performance are not what you would like them to be. It is very important to me to be the best, most productive, most loyal, most valuable employee I can be. Can we talk privately about my shortcomings, and how I can improve myself, so that I am more valuable to you? I would appreciate that very much. Thank you.”The goal: your interests come first. Try to adapt your methods to best promote your interests. There are always many ways to do that. That’s what smart workplace “navigating” is all about. Best, Al Sklover Q & A | Send this article to a friend | Print | No Comments » How to Respond to “Take It or Leave It” In Employment Negotiations Published on September 16th, 2008 by Alan Sklover “We can convince others by our arguments,but we can only persuade them by their own.”- Joseph JoubertACTUAL CASE HISTORY: Denise was Firm Administrator of a large Denver law firm. She had been recruited from a smaller, suburban law firm to work in the larger, center city of Denver with the promise of “payment for performance.” The larger Denver law firm paid its lawyers bonuses for working and billing extra hours, and offered Denise a significant raise, and a large bonus, too, if she achieved certain targets on specified goals each year.Shortly after Denise was hired, she met with Peter, the Managing Law Partner and her direct boss, and together they determined specific targets for each of her three goals. For each target achieved, Denise would receive a certain increase in salary, and a certain lump-sum bonus payment. These were her goals, and her achievement targets for each: (a) lowering the turnover rate of attorneys and paralegals by 20%; (b) lowering client late payments by 25%; and (c) lowering overall office overhead costs, for everything from paper clips to pensions, by 10%. Then the two prepared a memo in which they confirmed their understanding and agreement.Denise is a focused, organized, and goal-driven person. After a brief period of getting to know the law firm and how it worked, she promptly came up with ideas that would: (a) encourage legal staff to remain with the firm, (b) encourage clients to pay their bills in a more timely manner, and (c) identify and reduce unnecessary office expenditures. At the end of her first year, she had achieved two of her three targeted goals, and had missed her third targeted goal by just a little.By Denise’s first year anniversary, a different partner, Andrew, had succeeded Peter as the firm’s Managing Partner. Denise asked to meet with Andrew, to confirm her new raise and her achievement-based bonus. When they met, Andrew expressed dismay. He had heard about Denise’s understanding with Peter, but the Firm’s new business had plummeted due to the ongoing crisis in credit markets. Also, Andrew said, he did not believe in “payment for performance,” and saw no reason to adhere to Peter’s philosophy. Andrew saw the achievement of these goals to be Denise’s basic job, not a reason for special reward. Andrew was resolute: in light of the Firm’s lack of new business, Denise’s compensation would not be increased at all.Denise contacted us in a state of near-disbelief. She had believed in Peter’s promises, and had relied on them. We counseled Denise that “all was not lost,” so long as she “kept the conversation going.” As I often say, “In employment negotiation, so long as there is talk, there is hope.” Read the rest of this blog post » Negotiation Pointers | Send this article to a friend | Print | No Comments » Job Security - Six Types, and More . . . Published on September 15th, 2008 by Alan Sklover In today’s oh-so uncertain times, many people are concerned about job security . . . and with good reason. It’s important that employees - and those who counsel them in career matters - understand that job security comes in different “packages,” and that job security can be negotiated in new-job negotiations, while on the job, and in severance negotiations, as well.What is “job security?” For discussion purposes, perhaps it can be defined as “not losing your job, and what your job offers you, by surprise.” By that practical definition, we often ask for, and obtain, job security in these six basic ways:1. Agreed-Upon Term: The most basic form of job security is having an agreed-upon end date for your employment, commonly known as a “term” of employment. Agreed “terms” are not that popular with employers, because they represent commitment to overhead, but are nearly always given to those employees who employers value most - senior executives. But remember the old adage, “You don’t get unless you ask.”2. Minimum Payout: Many employers will not provide a guaranteed minimum employment “term,” but will provide “guaranteed payout.” For example, on Wall Street it is common to see a new employee told, in effect, “You have no agreed end-date, and therefore no guaranteed employment term, but in all events we will pay you all you would have earned had you been with us a year (or two.)”3. Minimum Notice: “You won’t lose your job without receiving at least six months (or three months) prior notice, unless you engage in serious misconduct.” This type of valuable job security is also given out, but more commonly on request than without request.4. Pre-Agreed Severance: Though pre-agreed severance does not keep you in your job longer than your employer wants you there, it does at least give you security regarding some of the most important aspects of being an employee: continued income, continued benefits, and continued perquisites (”perks”), such as leased car, tuition assistance, and the like.5. Continued Payout of Earned Monies: For those compensated in good part by commissions (or their first cousins, formulaic bonuses) we ask for “payment of commissions (or quarterly bonuses) earned during employment, for a minimum of one (or two) years, whether or not employment then-exists.” A related request relevant to job security is “pro rata yearly bonus.”6. Continued Perception of Employment: To some, “perception is reality.” Employers will sometimes agree to give an employee the right to (a) keep their title, (b) use their office, (c) maintain email and phone answering, and the like, in order to maintain their appearance of being employed. This prevents the substantial diminution of “perception of value” in the employment marketplace that comes from coming to an interview “hat in hand,” and also precludes the interview question, “Why were you fired?”The varieties of valuable “job security” an employee can negotiate are limited only by the bounds of creative thinking. These six types are the most common types our clients ask for, and commonly receive, in their workplace negotiations. Job Security | Send this article to a friend | Print | No Comments » Sklover’s Thought for the Week Published on September 15th, 2008 by Alan Sklover  “The worst thing about political jokes is that some of them get elected.”- Elliot Spitzer, Former NYS Governor, In his 1977 High School YearbookWhat more can we say? Should we laugh, or should we cry? It seems proof of the “Peter Principle” - everyone rises to their appropriate level of incompetence, at home, at work, and in “public service.” © 2008 Alan L. Sklover. Commercial uses prohibited. All rights reserved and strictly enforced. Thought for the Week | Send this article to a friend | Print | No Comments » « Previous Entries  Alan L. Sklover Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™". 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