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Welcome to CareerDiva. The thinking man's - and woman's - career and workplace blog. I'm Eve Tahmincioglu, journalist, author, and columnist. I'm the author of From the Sandbox to the Corner Office: Lessons Learned on the Journey to the Top.
I'm the Your Career columnist for MSNBC.com.

Getting fired


Work-Life& Screwing workers& Job opportunities& Getting fired21 Aug 2008 10:29 am

helping-a-friend.jpgThere’s that uncomfortable moment when a friend experiences a loss. You want to say just the right thing; help them feel better for just a moment. But you’re at a loss for words.

Many people feel the loss of a job profoundly. While it’s not like loosing a loved one, the grief process can be similar, experts say.

A good friend of mine recently called to tell me her office would soon be going through serious layoffs. She was obviously worried she might end up on the chopping block, but didn’t anticipate the agony she’d face even if she wasn’t pink-slipped.

The Friday before the official layoff notices went out her office was enjoying a bit of gallows humor.

She sent me this email: The joke is not to answer the phone on Monday. Kind of like “The Ring.”

If you haven’t seen “The Ring,” it’s a great, creepy movie about a bunch of people who die because they answer a phone after watching this cursed, creepy video.

Anyway, once Monday came all the humor went out the window when my friend arrived at the company parking lot and people were walking out of the building holding cardboard boxes and crying.

She dreaded walking into the building and thought of reasons to head back to her car and home instead of facing the music. Thankfully, she wasn’t one of the workers on the layoff list, but some of the people she had grown close to in her department were. One particular young woman who had been with the company for two years had just heard she was being let go and she wasn’t taking it well.

My friend told me she just didn’t know what to say to her and found herself tearing up when she saw her colleague’s reaction.

She assured her things would work out and gave the woman her personal email address just in case she needed her for any reason.

My friend kept saying she wished she could have said more or done more.

Well, in reality, this isn’t a time to get into “do” mode. It’s a time to allow the laid off worker to be sad and grieve, says Thierry Guedj, workplace psychology expert and professor at Boston University.

“The person is in shock so you don’t want to get them in a space of ‘let’s do something about this now,’” he advises.

The best tact is to offer help down the line. You can say, Guedj suggests, “This is going to be a very hard time but I want you to know I’m going to be there for you. I’m going to open my Rolodex to you when you feel better and are ready to start looking for a job. I know a lot of people and I can serve as a reference to you. I have only good things to say about your work and your work ethic.”

He bases his advise on the many people he’s helped after they’ve been laid off. Those individuals have told him this kind of approach by coworkers helped them the most.

What was least helpful, he adds, was colleagues who decide to feed the flames of anger.

“People start taking sides and get mad at whoever the boss was that made the decision assuming they knew why someone was cut. They try to come up with some sort of explanation but end up having a mini fit with the person who’s been laid off, trying to help them by getting them angry about a boss, or gossiping about a management team. This can all be destructive,” he says.

Come on. Admit it. We’ve all done that. “The bastard! They’re screwing you.” This, it turns out, doesn’t help anyone.

And there’s sometimes the jerk in the office who has little empathy and tries to point out what the worker did wrong to get them on the layoff list.

Guedj strongly advises against this type of pseudo constructive criticism.

So, bottom line, give them a shoulder to cry on and don’t try to fix things, at least not right away.

“Sometimes it’s easier to be angry and take sides with the person than be with them in their sadness,” he points out. “Just accept being sad with the person and don’t feel you have to do something either destructive or productive.”

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Getting hired& Job opportunities& Education/training/mentors& Getting fired15 Jul 2008 08:05 am

career-change.jpgThere is a comfort that comes from a two-income household. While it isn’t easy when one spouse gets canned, at least the other is still bringing in a paycheck.

But what happens when both wife and husband hit career hell? And there are young children in the mix?

You have to rethink your job strategy pronto.

I got an email last week from a former newspaper colleague of mine from Tampa, Florida. It was a short note about how he was applying for a job as an emergency dispatcher with the Sheriff’s Office in town and wanted to know if he could add me to his list of personal references.

This was a bit surprising because this guy has been a journalist for years and was pretty set on this career.

He figured I would be perplexed so he added this line:

“Sounds strange, I know. I’ll fill you in on all the details soon. Right now I gotta rush this thing through.”

This morning I got the follow-up email explaining what was going on.

The newspaper he was freelancing for slashed its budget to the core and had little money for contractors like him; and his wife, a long-time employee in the mortgage sector, had been recently laid off after months of speculation that the pink slip was coming.

“So we’ve both been on the job hunt for quite some time,” he wrote. “After much drudgery and soul searching, not to mention financial hardship, here’s where we’re at now:”

His wife had just passed “her final state exam to become a certified nursing assistant, the first important (and employable) step to her eventually making RN or LPN. She’s sent out a barrage of resumes to local facilities. Fingers crossed.”

And he was pursuing the Sheriff’s dispatcher job.

Here’s some of the thought process that went into his decision to change careers:

Why do I want this kind of job? At first I was just as bemused. But I’m a good communicator if you boil me down, whether writing is involved or not. This job is mostly about talking to a wide range of people over the phone, getting the information I need out of them quickly, and recording it accurately. I’ve been doing that for the paper for over 15 years. That’s how I’ve been selling myself to the Sheriff so far, and it’s working (even though I had calm their early fears about my background in the news media. No, I’m not some deep cover reporter on special assignment, I told them.).
Besides, like most government jobs, this one has above average benefits and job security. Those are huge factors for young parents in a shaky economy.

This all makes sense. And it takes a lot of balls to totally embark on a new career path.

His choice and the choice of his wife may not be choices you would make. But I share this story because it’s a great example of how we have to all be ready to make changes and pursue new avenues in this economy. This couple was probably driven into action, in part, by the need to provide for their two young kid, both under 6.

But the bottom line is they looked at the world around them and figured out two gigs that would probably offer some job security.

Where they will end up is unclear, but they are both hard working individuals who won’t let economic hardships derail them.

It’s not easy folk, there is no way around it.

Here are some of my friends final thoughts:

“These past couple of years have been very trying to for us. We see some real light at the end of the tunnel, but we’re not quite there yet.”

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Negotiating/Money/Benefits& Getting hired& Moving up& Job opportunities& Getting fired14 Jul 2008 09:31 am

travel.jpgIf you’re looking for a town where there’s major job opportunities you should check out Fishers, Indiana, or Round Rock, Texas.

Money Magazine just released its list of top small cities to live in and these two have the highest job-growth rates among the top ten.

Fishers and Round Rock are indeed small towns, with populations of 61,800 and 92,300 respectively, but if you don’t mind that it’s an option.

I’m pointing out some U.S. cities to consider right now because my column this week on MSNBC.com is about how many readers have been asking me about job opportunities abroad. Making a move overseas is a difficult proposition so maybe many of you may want to consider something in the good old USA before you start taking French lessons.

Whether you make the move abroad, or stay closer to home, here’s a great resource list from Quint Careers if you’re even considering relocating.

Someone asked me this weekend if I had a wanderlust problem because I’ve moved a lot and had many, many jobs. New York, Delaware, Florida. UPI, Women’s Wear Daily, St. Petersburg Times, etc. It never really seemed like a lot to me, but this guy seemed to think I had trouble staying in one place.

I guess I’m not tied to one place, never have been. I could pack up and move my family overseas tomorrow and be happy as a clam. That’s just how I’ve always been.

You have to make the best of your life where ever you are. That’s how I was brought up. Maybe it’s because my parents felt forced to leave their homeland, Istanbul, Turkey. Maybe they just drummed into my head how no matter where you’re forced to go you make the best of it. They did.

I know, right now, a lot of people may be making moves across country, or to other lands, because they feel compelled to do so in this economy. You have to do what’s right for your economic health and your family. I’m here to tell you it can be great experience if you make the most of it. Go out and make friends, get to know the area, participate in community events. You make it great. Great doesn’t just happen.

I interviewed Bernd Beetz, the chief executive officer of Coty Inc., a fragrance and cosmetics producer, a while back for the New York Times, and he was one of those constant travelers, changing careers and countries often in his career.

He shared a great story with me about moving around from country to country when he was with Proctor & Gamble starting out on the management track and how he learned to adapt.

Here’s an excerpt from the story I wrote:

My career has been very international, and in some ways my father influenced that as well. I started in Germany with Proctor & Gamble, then moved to Paris, then Geneva, then Rome, then Milan, then Istanbul, then briefly in Cincinnati, then to Frankfort. I stayed in most places about two and a half years and was mainly the general manager.

At the end of the 1980s, I was brought in to help our Turkish operations. Procter & Gamble had bought one of the biggest local companies making detergent, toothpaste, shampoos. It was called Mintax. At the time, Turkey was called the Vietnam of Procter & Gamble because the operations were in a downspin. I was in my early 40s and Turkey was a totally different experience. The workforce, suppliers, unions. It was a country where the government changed the rules every other week. The initial team couldn’t control the situation, inflation was 80, 90 percent, and turnover was high. The plant looked not anything close to standard, which we had in the U.S. or Western Europe. It was obvious a lot of things needed to be done.

I immediately realized it was the way they produced, it was the way of thinking. There was a huge workforce, about 3,000 from Mintax, and the work was very manual, not very structured. They were basically living day by day.

The workers and management received me with open arms. First of all, I became part of them. Soccer is big in Turkey so I played soccer on what was the Mintax soccer team. I got close to their habits and got close to them outside, the managers, workers on the floor. I went to their homes for dinner. You go to their homes, take your shoes off, have tea. Most of the time they cooked in front of me and I saw how the meals were prepared. You got to know the whole family; the whole clan comes around. I became very visible.

Is it as easy as joining a soccer team? Maybe not. But we can all adapt if we put our hearts into it.

Bon Voyage.

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Negotiating/Money/Benefits& Worker rights& Screwing workers& Getting fired09 Jul 2008 09:55 am

unemployment-line.jpgEveryone is celebrating now that Congress passed a 13-week extension of unemployment benefits, on top of the 26 weeks already provided.

But many of you shouldn’t be breaking out the champagne.

If you get laid off tomorrow will you get an unemployment check?

Maybe not.

Have you checked your state lately to find out how long you’re supposed to be working for an employer before you’re eligible for jobless benefits?

In many states, you have to be working full time for a company for a few years and make a certain threshold income before you qualify.

“Most people who lose their jobs these days don’t qualify for any unemployment at all,” said Robert Reich, the former U.S. Labor Secretary under Clinton, on the Marketplace Morning Report this morning. Here’s an audio of the piece:


The economic world has changed a lot since the federal government encouraged states to adopt unemployment insurance in 1935, but no one seemed to notice.

The unemployment system made sense decades ago, Reich says, when people were in the same full-time job for years and one breadwinner could sustain a whole family.

But today, he adds, when people are going from job to job, and a growing number of individuals have several part time jobs or are contractors, a gigantic economic black hole is left for a huge number of working Americans to fall into.

“It’s a disgrace that most Americans that loose their jobs don’t qualify,” Reich maintains. “Congress should expand coverage in these perilous times.”

Expanding the benefits by 13 weeks was a good thing. I’m not knocking it. But it will do little to help American workers if they can’t even qualify for one day.

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Negotiating/Money/Benefits& Unions& Getting hired& Gen Y& Baby Boomers& Screwing workers& Job opportunities& Getting fired07 Jul 2008 08:19 am

chicken-little.jpgIt seems almost everyone has a “sky-is-falling” attitude toward the economy these days.

You know we’re in trouble when long-time NPR commentator Daniel Schorr starts singing depression era songs.

“I have found myself reflecting on the recession, no depression, that I experienced in my youth,” said 92-year-old Schorr in his analysis yesterday of our present economy. After describing the horrific economic tragedy of the Depression, he then was asked by Liane Hansen, the host of NPR’s Weekend Edition, about the music of the era. He said there was one song he remembered, “Brother, Can You Spare a Dime.”

It’s a haunting song about the Great Depression written by Yip Harburg.

They used to tell me I was building a dream, and so I followed the mob,
When there was earth to plow, or guns to bear, I was always there right on the job.
They used to tell me I was building a dream, with peace and glory ahead,
Why should I be standing in line, just waiting for bread?

Once I built a railroad, I made it run, made it race against time.
Once I built a railroad; now it’s done. Brother, can you spare a dime?
Once I built a tower, up to the sun, brick, and rivet, and lime;
Once I built a tower, now it’s done. Brother, can you spare a dime?

Here’s a more updated version by George Michael I love:


While it was a great radio moment, hearing Schorr sing the old tune a cappella, I couldn’t help but think these type of comparisons are hurting all of us.

I know, Starbucks is closing 600 stores and with that 12,000 jobs will be lost. And the U.S. auto industry is in a tail spin. Not to mention banking and the brokerage industry. Thousands of jobs among hourly workers, and even among the mansion set have been hacked and slashed.

But are we really talking economic collapse? There’s been so much shrill in the media lately and among politicians that it got me wondering if we really should be making any analogies to the Depression.

Since I didn’t live through that time I figured I had to ask a historian if our present economic state mirrors the Depression, or have we all lost our minds?

“I’d be happy to offer my two cents though you ask quite the large question,” says Peter Cole, an associate professor and labor historian from Western Illinois University.

“My short answer is no, we are nowhere near the economic conditions of the Great Depression, fortunately,” he maintains.

Phew!

“While foreclosures are at the level that they were then, seeing that unemployment is SO much lower that there’s really no comparison,” he adds.

You all might be wondering why I’m making such a big deal out of this. Why I care that some people equate our present situation to something much more dire.

The reason is simple, if we think the sky is falling we may be apt to make rash career decisions right now. We may be convinced to accept less pay or benefits because everything is falling apart, and oh, aren’t we lucky that an employer has offered us a job at all.

This is never a good way to navigate through your work life, with a sense of panic.

Look, it is bad out there right now. We’re all struggling with higher prices and many of our jobs could be up on the chopping block, but we have to resist this crowd mentality of fear. There are still jobs to be had and many companies are stilling turning in profits.

So, take a deep breath and concentrate, with a level head, on your own situation and your own job opportunities.

Clearly, there are economic problems, but our worries may be feeding the flames.

Here are some more of Cole’s insights:

The tremendous anxiousness of most US workers and the powerlessness most feel, the ever-dwindling number of folks with employer-based health and retirement benefits, the very real fear that globalization will result in more jobs lost (not just in manufacturing), the seemingly-endless decline of US organized labor (essential, I believe, for a healthy society and economy with a large middle class) all suggest real issues that dramatically affect the lives of us workers as well as the entire economy. Just look at the stats on number of strikes today compared to previous decades; SO much lower. That, too, is a result of not just Bush’s anti-worker National Labor Relations Board and the Department of Labor but longer trends of corporations cavalierly ignoring US labor law because they know no enforcement is happening.

I wouldn’t say that the problems we are facing our trivial, not by a long shot, but I wouldn’t say that they have risen (or, perhaps, I should say fallen) to the level of the 1930s. Of course, it was the economic crisis of the 30s that produced many of the programs that ALL Americans have benefited from for almost a century as well as a revitalized labor movement that greatly democratized workplaces and our nation. Americans are more individualistic today but I believe that a dose of collective action would be quite beneficial. But Americans and US workers are scared and individualistic and unions are weak, if attempting to rectify that.

Now I understand being spurred to take “collective action”. But that can only be spurred by anger and disgust on the part of workers who believe they’re getting the shaft, and not because pundits, journalists and politicians pull a Chicken Little on us and have everyone running scared.

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Negotiating/Money/Benefits& Getting hired& Networking& Job opportunities& Getting fired02 Jul 2008 09:54 am

headhunter.jpgIt seems like a job blood bath out there. A broad range of companies, everything from car makers to latte makers, are slashing their workforces.

It’s time to start thinking about what your options are, updating that resume, and maybe even calling that recruiter who left you a couple of messages months ago.

I know, many of you think recruiters are useless. My husband compares many of them to car salesmen.

One anonymous writer on a message board where the topic was “recruiters are useless” summed it up best:

The good recruiters call you back and follow up. The idiots are three inches up your ass when they see your resume and then you never hear back if you aren’t ideal for the company that minute.

And that’s the reality of life, some good, some bad.

That said, how do you get the most out of the good ones?

*First off, you have to figure out if they’re good at what they do. There is nothing wrong with asking these recruiters about their credentials. Ask them, “tell me about the last person you placed. What kind of job did he or she get? Did they get the salary they wanted?” If a recruiter refuses to answer these questions DO NOT WORK WITH THEM.

*Look for expertise, especially if you are looking for a job in a technical field. If a recruiter has no idea what Java or PHP is, then you probably don’t want them trying to place you in a web applications gig. The big problem with working with a non expert is they won’t be able to do a great job singing your praises because they don’t understand what your praises really are.

*Beware the email written in broken English. Look, both my parents came to this country from Istanbul and struggled with learning English, so I’m not anti foreigner. But a lot of recruiting work is being outsourced to places like India, especially contract jobs, and that means you’ll get spotty results, if any results at all. One job seeker told me he got a call from someone calling himself “Bob” who had a think Indian accent, and the job lead went no where.

*You also have to do your part when connecting with a recruiter. “Recruiters can end up seeing hundreds of resumes a day,” says executive search experts Ron Bates in an article about recruitnig. “Did I mention your resume should be ‘pin sharp’? Did I mention you should always attach a resume even in a follow up email to an unresponsive recruiter? Even if a recruiter took the time to respond to your email or voicemail there is still a very good chance they have not actually seen/read let alone - saved - your resume.”

*And think about packaging yourself well. “Give them your 30-Second Elevator Pitch. Don’t tell them your life story,” Bates writes. “Ask them what if anything they’d like to know more. Ask them the best way and when to follow-up, or if they’d like to schedule some time.”

*Stick to your guns when it comes to money and benefits. These recruiters want to get you on the cheap so they have little incentive making sure you get the salary you need. If you’ve done your research and figured out what a fair salary for the job you’re looking for is, don’t let a recruiter low ball you. Make it clear that you’re not willing to compromise.

Here’s a great resource from career website Quintessential Careers for finding a recruiter in your field.

If your not going to ask these men and women the tough questions and do you homework when it comes to figuring out what you want out of a job, then forget about using a recruiter. These people will do more harm than good to your ego at a time when you might be fragile. You don’t need anyone telling you your not worth the money, or your skills are lacking if they really aren’t. And that’s just what could happen if you end up with a recruiting bozo that’s just trying to fill a quota and doesn’t no anything about your industry.

And who needs yet another person not calling you back or answering your emails.

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Worker rights& Getting hired& Getting fired& Ethics& Discrimination27 Jun 2008 08:21 am

prosthetic-leg.jpgIt’s easy to identify someone who has a disability if they’re in a wheel chair or walking around with a seeing eye dog.

But what about a worker who wears a hearing aid or an employee who has epilepsy?

Can a manager fire someone with a hearing aid because they use a hearing aid? Can a boss demote a worker who has an epileptic fit?

Today, the answer is pretty much “yes.”

Under the Americans With Disabilities Act the law is pretty clear on those easy to spot disabilities. You can’t fire someone because they’re blind or unable to walk.

For all those other disabled employees out there who have what seems like less constraining physical issues or for those who are able to deal with their ailments through the use of medicines or prosthetics, for example, they are not typically covered under the ADA.

All that may change soon. The House passed a bill this week that would expand the ADA to cover disabilities that didn’t come under the really disabled umbrella.

This from the Washington Post this week:

WASHINGTON — People who take medicine to control epilepsy, diabetes or cancer or use prosthetic limbs or hearing aids could use the Americans With Disabilities Act to fight workplace discrimination under legislation the House passed Wednesday.

Lawmakers said the Supreme Court has limited the ADA’s reach since it was signed into law by the first President Bush in 1990. “For some the ADA is failing to live up to its promise,” said Rep. Howard “Buck” McKeon, R-Calif., top Republican on the House Education and Labor Committee.

The bill, passed 402-17, is designed to bring people back under the ADA’s protection. It now goes to the Senate for consideration.

Under the ADA today, a disability would have to “substantially” impact a person daily activities. Under the new legislation the wording would be changed to “materially restricts”, opening up the door for many disabled individuals who are challenged by their disability but can do many day-do-day functions we all do.

So what will this mean for the American workforce? Simply, more people will be considered disabled under the ADA.

“This means more employees will be able to ask for an accommodation even when the medication they take or the device they use (such as a hearing aid) makes them fully capable to do their job,” says David Ritter, an expert on employment law and chair of Neal Gerber Eisenberg’s Labor & Employment Group. “Employers will have to grant accommodations and engage in an interactive process with many more employees.”

It’s unfortunate that we need a law to force employers to “engage in an interactive process” with their workers.

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Work-Life& Getting hired& Getting fired10 Jun 2008 09:14 am

fishcandy_lg.jpgMy daughter Circe often asks me what I’m writing about when I’m sitting at my computer typing away. When I told her recently that I was writing about older workers who lose their jobs, she seemed perplexed.

I explained to her how hard it is for people to lose their jobs from a financial and a self-esteem perspective. I didn’t use those exact words, but she seemed to get what I was talking about.

She ended up writing a list for me on what workers can do to help their spirits when they face the loss of a job.

Here are her suggestions:
1. Eat candy.
2. Play video games.
3. Sing the happy song. (You know, the one by Bobby Mcferrin, “Don’t Worry Be Happy”)


There is something about resiliency. If you don’t have it you’re screwed.

“If you choose to, you can morph the worst of times into the best of times if you consciously make the effort to learn lessons from every setback,” says a colleague of mine Karen Salmansohn recently wrote a book about this very topic and she called it “The Bounce Back Book”.

“If you’ve been fired from a job or laid off,” she advises, “use this time as an opportunity to explore a whole new and different career? Or consider starting your own company. Or moving to another city. View ‘change’ as ‘chance.’ You now have a chance to learn something new about yourself - and do something new for yourself.”

I know, she sounds like a crunchy, wide-eyed flower child. But Karen is actually a cynical New Yorker who also tries hard to look at the bright side of life. She wrote a best-selling book called “Be Happy, Dammit” and that’s sort of her mantra.

I asked my intern Katherine to read her latest book and offer her thoughts.

Here’s her short review:

The phrase “you’re fired” is not exactly something an employee wants to hear. But, let’s face it, these words do get spoken. So, what do you do when you’re on the receiving end of that phrase?

Karen Salmansohn, a self-help book writer, dishes out some advice in The Bounce Back Book that may help the suddenly unemployed answer this question.

Bounce Back offers 75 tips that are based on everything from Eastern medicine to Greek philosophy and happiness research. Each tip condenses and simplifies a viewpoint into an easy-to-understand concept, so you don’t have to read an entire narrative to get to the point.

Because Bounce Back applies to anyone who has experienced setbacks and adversity, not every tip applies to the loss of a job, but a few hit the nail on the head.

Tip #15: Find your bounceable people
Salmansohn notes that after any kind of loss or setback it’s common to want to hide away, but it’s much more healthful to seek support. Spend time with people who want you to succeed and believe you can.

Tip #21: When life throws you curveballs, hit them out of the park.
Life has thrown you a curveball and there really isn’t anything you can do about it, except make it work positively for you. So, “if you’ve been fired,” says the author, “consider starting your own company.”

Tip #42: See work failure as “fullure”-full of lessons.
Many successful people have been fired, says Salmansohn. The only difference is that successful people learn from their mistakes and apply those lessons to future endeavors. According to Salmansohn, the Fortune 500 club could easily be called “the Misfortune 500 Club.”

Let’s not join!

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Getting hired& Bosses& Job opportunities& Education/training/mentors& Getting fired08 Jun 2008 06:06 pm

bright-spot.jpgI know, it seems pretty bad out there right now.

The jobless rate has hit the highest level in more than two decades. And everyone is wondering what will be the next shoe to drop.

But folks, let’s get our heads together. There are lots of opportunities out there in growth industries, and many companies are going to great lengths to recruit workers these days.

My column this week on MSNBC.com looks at how some firms are using employee testimonials to convince people to consider working for them. Some of the employee videos are corny but a few give you a peak at what it might be like to work for one of these employers, employers that are actually in hiring mode.

OK, I’ve gone over this list before. The job opportunities are a plenty in healthcare; education; consulting; the trades like plumbing and HVAC; all things related to the aging of the population; and a host of green sector jobs, everything from solar energy to bike shops. What about entrepreneurship?

Also, make sure to do what you can to keep your job. Start letting your managers know what you do, and take on some assignments just to let everyone know you’re on the ball and willing to work. Don’t be a loner either. Go out to lunch with coworkers and any manager that will have you. The more everyone feels comfortable with you the harder it will be to add you to the pink-slip list.

If you’ve already lost your job and need advice, please post your questions here. I’ll try to offer you any help I can.

Good luck everyone!

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Work-Life& Worker rights& Baby Boomers& Screwing workers& Bosses& Getting fired& Ethics& Discrimination04 Jun 2008 03:44 pm

wheelchiar.jpgCan your boss fire you if your spouse or child is disabled and their medical bills are high, or because your employer thinks you’ll slack off at work because you’re caring for a loved one?

Under the Americans With Disabilities Act, this is a legal no no.

Alas, some employers are doing this exact thing, or at least alleged to be doing this, according to an interesting story in the Wall Street Journal today.

The number of employees filing charges against companies who are firing or in some way discriminating against non-disabled workers because they care for disabled family members is rising. This is called “association discrimination” and it’s not allowed under the ADA.

Did you guys even know this protection existed? Probably not.

But you might be hearing more about it because there are two law suits pending that deal with this little known ADA provision and the outcome of these lawsuits will likely impact many employees who now care for a disabled loved one, or who cover that family member under their employer’s insurance.

According to the article, many of these lawsuits don’t end up benefiting the employee because it’s often hard to prove an employer took some sort of job action against a worker because of his or her disabled family member.

However, the two suits now in the courts “appear to have strong circumstantial evidence” to back up worker claims of discrimination by association.

One case in particular involving Phillis Dewitt whose husband had terminal prostate cancer appears to be strong.

This from The HR Specialist:

Phillis Dewitt worked as a nurse at Proctor Hospital. She received promotions and excellent evaluations that referred to her as an “outstanding clinical manager who consistently goes the extra mile.”

While Dewitt may have gone to lengths for the hospital, the hospital didn’t seem to have returned the favor. The hospital provided health insurance for employees and their dependents through a hybrid self-insurance and catastrophic coverage plan. The hospital covered medical expenses up to $250,000 per year, after which an insurance policy covered the rest.

The HR office regularly tracked expenses and noticed that Dewitt’s husband was racking up big bills for prostate cancer. At one point, Dewitt’s supervisor pulled her aside and suggested that she put her husband into hospice care rather than undergoing chemo and other expensive treatment.

Then, after a financial crisis in which the hospital invited managers to come up with creative solutions to budgeting, Dewitt was fired. Her husband died about a year later.

She sued, alleging association disability discrimination. The 7th Circuit Court of Appeals said her case should go forward. It reasoned that there was direct evidence of association discrimination. A jury will decide how much that might be worth. (Dewitt v. Proctor Hospital, No. 07-1957, 7th Cir., 2008)

Given the aging of the working population and the never-ending drumbeat in Corporate America to cut labor costs, I think it’s safe to say we’ll be seeing more of these cases…unfortunately.

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