Dress Codes

My office has a serious dress code interpretation problem. Business casual is taken to mean 1 step above how you would dress to go to Wal-mart at midnight. The dress code was lax and poorly enforced long before I was hired.

My problem is when there is a seriously issue like a skirt so short it leaves nothing to the imagination or "dress sandals" that are really just new flip-flops, I get no support from management. The supervisors say they have better things to do than look at what their staff is wearing, and the big boss prefers the short skirts.

Most of the time when I ask one of them to raise the issue with their staff they say they hadn't noticed the clothes. Today my boss was talking to an employee whose skirt made me ill it was so short, and he said nothing to her. He is her supervisor and I asked him to speak with her and I can almost guarantee he told her something like, " when you wear short skirts don't walk by Sally's office." (Okay, that may not be true but it was the vibe I got when I brought it up, like I was ruining his fun)

Do I call corp. HR and ask for help? I feel incompetent that I can't even handle something like the dress code but this is the most consistent issue in our office.

Are you local HR? It sounds that way to me, so that's how I will approach the question. We've had some previous discussions on dress code here, so read that--especially the comments. My readers are all brilliant, except for a few who I don't like to single out because I'm not that evil.

My question for you: Who is telling you to enforce the dress code? It's obviously not your boss, given his penchant for employees with short skirts. (And ladies, please, once you pass 19, men might still think you look hot in that little mini skirt but all the women are thinking, "oh my word, does she have fat thighs or what?" Just a little encouragement to dress modestly.) Is it corporate HR? Since you asked if you should get corporate involved, I'm guessing no.

I'm also guessing your desire to enforce the dress code comes from within. Now, first and foremost, I agree with you. Inappropriate dress should not be allowed at the office. Nice dress sandals, yes. Flip flops, no. Mini skirts or midriff baring blouses, no thank you. (Again, ladies, you do have a muffin top, so stop it with the low rise pants and the short length shirts. You don't walk around all day holding in your stomach and you haven't been to the gym in months and quite frankly, it shows.)

So, how to accomplish your goal of a dress code violation free workplace?

1. You can't just walk into a place and expect people to respect you. You are new. Things have been working "just fine" for a long time, thank you very much. Now, this last statement could be completely false. Things could be a disaster, but your senior management doesn't think so or they would have already changed things.

2. You need to earn respect and authority. Your manager needs to trust you. The other managers need to trust you. Figure out what their perceived problems are and start there. They don't see dress code as a problem, so to them enforcing it is annoyance. They undoubtedly see something else as a problem. As I said, start there. Solve that problem and your influence will grow.

3. If short skirts are "favored" you may have bigger issues than actual dress codes. Why would a self-respecting woman dress like that? She's getting rewarded some way. The reward may not be something she's cognizant of, but it is there. She's obviously getting "attention" from the boss. Is she also being rewarded financially or with better assignments? He may not be noticing he's doing it. She may not notice it. But, if it's happening, the appropriately dressed people are noticing it.

4. Number 3 opens you up to some huge potential problems. Sexual harassment, age discrimination, not valuing performance but appearance. Keep your eyes and ears open for this type of thing. Create an open door policy for employees to drop by your office. Review performance appraisals with a magnifying glass. Correct these problems, rather than the dress code itself.

5. Make sure you always dress appropriately. Don't get lazy and put your flip flops on.

6. Don't ask male managers to speak to female employees about their revealing clothing. You do it. For one reason, your male managers appear to like it. For another reason, it increases your risk of sexual harassment claims.

7. Send out general reminders about dress code. Wait until you've been there a while and established a positive reputation before discussing this with individuals.

8. For the "Wal-mart at midnight" looking folks (I've been to Wal-mart at 6:30 p.m., I shudder to think of what people wear at midnight), make sure you deal with the men and women equally. Women tend to be much more critical of women in such areas. Don't you be guilty of gender discrimination.

There are other things, but these are a few ideas to get you going. Good luck!

Carnival of HR #21

Is now up over at Race in the Workplace.

Go over and read about orthopedic shoes, quiet employees and Munchausen Syndrom at work.

The next carnival will be over at The Cranky Middle Manager, so start getting crabby and get your submissions into Wayne.

Letter of Apology

Hello,

I am in the process of trying to get rehired by a company. To be honest I was terminated about 1 1/2 years ago basically due to job abandonment. It's no excuse, but to explain my circumstances I was getting divorced-becoming a single mother (not by choice) & to sum it up had a meltdown and stopped showing up for work. They tried to contact me & I never responded. The rest is history.

Aside from this I was well liked & did an excellent job. I was recognized by the General Manager of the company as an exemplary employee. Everyday I regret leaving and the way I handled it. This is a top notch organization which I was proud to work at.

Recently a position became available for which I am very well qualified. I left a message for Human Resources that I am interested in the position, expressed my apologies & regrets etc. I asked if that if they would consider me for rehire to please contact me. Well, 4 hours later they contacted me & advised me to send a resume along with a letter of apology to get the process going. I am very encouraged by this, however I have never written a letter of apology for rehire and have no clue. I have searched the internet for a template of such a letter and have had no success.

Thank you in advanced for your help. I am so hopeful to regain a position within this company and would really appreciate any guidance you can provide.

I don't know of any such template. However, it seems like you have a pretty good chance, given how fast they responded. Since you mentioned your past mistake in your voicemail and they still called you back--so quickly--means that they are willing to over look the past. (Or they are incredibly desperate for candidates.)

They would have pulled your personnel file, and (hopefully) called your previous manager. He would have had to have given a positive review or you wouldn't be considered.

So, what to write? I don't know. "I'm terribly sorry for leaving without notice. My personal life was in turmoil. My life is now stable and I look forward to working for blah, blah blah"

That's probably terrible. I'm hoping that my brilliant readers will weigh in. Please?

A Smelly Problem

Dear Evil HR Lady:

In the office that I currently work in all the CSR sit out in the open. No this isn't the problem, the problem is that one of the lady's in the office seems to have, what I would call a hygiene issue, however you may bag to differ. She passes gas - ALL DAY LONG. Some days are way worse than other. I realize that this is a touchy subject in how you approach this lady however it does interfere with my job.

At least once a week, I have to leave my work area because the smell is so bad that it makes me gag and almost throw-up. Several of us have approached our HR/office manager however nothing seems to get accomplished. We are constantly told that it does not "directly" affect us (even though we can't stay in our area because of the smell) or that she can not do anything because of the nature of the issue. Do you have any suggestions for us or our HR department in how to handle this?

What solution do you propose? Should this woman be placed away from everyone else? Should she be fired? Should she be subject to public humiliation? Should you and your co-workers be provided gas masks? What about incense?

I ask because there isn't an easy solution here. You don't know what conversations have gone on between your unfortunate co-worker and HR or her manager. Nor should you.

It's true that your HR and management are full-fledged wimps. (Wimps, I tell you, wimps!) If that's the case, nothing has been mentioned. However, it's more likely that a conversation like this ensued:

HR: Smelly Woman, I don't know quite how to say this, but your flatulence is a bit, umm, excessive.

Smelly Woman: (Bursts into tears) I know, I'm so sorry. I have [name of complicated, serious medical condition] and this is one of the side effects. I've tried everything I can think of and nothing works. I'm so humiliated by it.

HR: Oh, I'm so sorry. Is there anything we can do to make your situation easier?

Smelly Woman: No, I'm so sorry. I'm working with my doctor on this. Hopefully it will get better.

Now, if that conversation has occurred, what would you want to have happen next? HR say, "Well, we're probably going to get sued up the wazoo for this, but we're going to have to fire you"? Would you do that?

I wouldn't.

If the area is conducive to a separate area, I might move the woman there. If not, well, I'd leave it alone as well.

You said that once a week it's bad enough to drive you out of your area. Unpleasant though that may be, it's not the end of the world.

Now, if the woman has no medical condition and she's doing it on purpose to torment her co-workers, then yes, she should be fired. (Can you even do that on purpose? I guess I should ask an 11 year old boy. He would know.) But, the firing wouldn't be due to the "medical" aspect, but rather due to the bad attitude.

Your problem is you don't know which one it is and you have no real means of finding out. Does this woman have any friends at work? My bet is that her "condition" prevents such a thing. We often are able to tolerate a lot more from people we like than from people we don't know. Get to know her and you may find a great person under there, that will make the smells much more tolerable.

And invest in a bottle of Febreeze. Spray your cubical when necessary. It helps neutralize odors.

If you really can't stand it, go find a new job. Customer service jobs are available everywhere.

Will You Please Sign Off on This?

#1 Dinosaur is a primary care doctor who encountered a sneaky plastic surgeon. It appears that said plastic surgeon sent a patient to #1 Dinosaur with a form to fill out. Fine. Except that at the bottom of the form it said this:

Surgery and alternative treatments were discussed with the patient. Complications of surgery and expected outcomes were also discussed.

Umm, no, says our friendly primary care doc. He's not the surgeon and pre-surgery consults are not his job and should not be his liability. He wisely did the following:

By the way, before I signed the form I crossed out the offending line, initialed it, and wrote in: Informed consent to be obtained by the primary surgeon.

Excellent.

Once upon a time I had the responsibility to maintain the organizational structure of the company with in our HRIS. This meant any documentation to conduct a reorganization landed on my desk. All these documents had to be signed off by the HR person responsible for that branch of the business.

More often than not, I would get documents that made no sense. The phone call to the HR business partner went like this:

Evil HR Lady: Hi HR Business Partner, this is Evil HR Lady. I'm looking at the reorg for marketing.

HR Business Partner: Why isn't it in the system yet?

EHRL: Ummm, I just got it 30 seconds ago and I have a few questions.

HRBP: Like what? Is it going to be in the system today?

EHRL: Well, for instance, what happens to John Doe? In the old organization he reported directly to Jane Smith, but he and his 30 reports aren't on the new org chart. The documentation doesn't mention who he now reports to and there is no mention of them being terminated.

HRBP: (long pause) I don't know.

EHRL: {pushes mute and then screams, "why do you sign on off on these things without looking at them!!! Then takes the phone off mute.) Well, I need you to find out. And while you are at it, it mentions that Jennifer Jones is being promoted.

HRBP: Yes, yes, yes.

EHRL: Her new salary is 22% above her old salary. That is outside of guidelines. Did you want that to go into effect?

HRBP: What? 22%! No. I hope they haven't told her. I'll call you back later.

Variations on this theme were repeated frequently.

Now, the HRBPs knew that there was someone like me to save their little rear ends, but they should have acted as if I wasn't going to pay attention. They should have read carefully and asked questions before approving anything.

I know why they didn't. HR is busy. Overwhelmed. Details like this sometimes get pushed to the side. Fine, then, don't sign off on it. Give it to your lackey to read through before signing off. Make sure you know what you are signing off on.

Our consequences are rarely as dramatic as the ones #1 Dinosaur could end up facing, but there are consequences. Read before you sign. Make sure you truly approve before you "approve" something.

Carnival Reminder

Get your posts into Carmen at Race in the Workplace pronto if you want to be included in this week's Carnival!

Time to Ask for a Raise?

Hello Ms. Evil!
I learned that we are interviewing someone for an engineering position who is asking for a salary of $110K. I don't know that my manager or our boss are willing to pay this. I just know that the email from HR to my manager, that he forwarded to me, stated that the interviewee wants that much. That is $30K more than I make. Now, I'm peeved because I'm supposed to be the "lead" of the group that this man will be in. Everyone in the group makes more than me. (In my position, I have access to this info.) They have more engineering experience, although not all directly related, but I have what experience is required for the position. Additionally, some of these gentlemen have to have their hands held (by me) when working in Excel or some of our other specialized programs. I am also performing managerial duties that they don't do.

I want to ask for a raise, but I am usually one to sit back and wait for my annual raise and accept what I get. Is this a situation where I should ask for a raise? I understand that people with 20 yrs more experience (and who are my father's age) expect to have higher salaries than me. They have more experience. They know more. (Maybe). On the other hand, their job requires 10 years exp, not 30. Many of them don't have 30 years directly applicable experience anyway. Besdes, I'm the one in the lead role -- if any of them were suitable for the role, then the boss would put them there instead of me. I will constantly be bothered by the fact that these people working for me make more money than me, but I'm not sure if I can ask for the raise.

Your company may well be taking advantage of you. Or, your skills may well not be worth more than they are paying you. I don't know. You should, however. You say you are the "lead" but make less than the other people on the team. They have more engineering experience than you do.

My guess (and it's just a guess, please correct me if I'm wrong), that you act as a project manager and coordinator. The other people are doing the actual engineering. Therefore, their higher salaries may be justified. Or, they may not.

Are you tired of my wishy-washer answer? Well, without more data and your position, their positions, the industry, the availability of engineers and the alignment of the starts at the time of your birth, I can't really tell.

You, however, should be able to figure this out on your own, with a little bit of research.

First, how long has this position that you've asked specifically about been open? If it's been open for 6 months and they've lost the past 3 qualified candidates to competing offers at higher wages, then the salary the candidate is asking for may be justified. If it's been open for two weeks, they've had 15 people apply--all of whom are qualified--and this is just the first guy they are interviewing, it's doubtful that he will get what he wants. The salary is most likely not justified.

(Unless you are willing to consider the minimum salary proposed by a candidate, don't bother interviewing, by the way. It's a waste of everyone's time.)

Then, you need to look at your job. How does it differ from your team member's jobs? Your skills may be different. Are they more or less valuable in the open market? Do a little job hunting yourself--you don't have to interview, but check around and see what is out there.

See if you can gather information on what other's in similar roles are being paid. If your salary is lower than theirs you definitely have a case.

You can always ask for a raise. The key is in asking properly. You don't go in, guns a blazin' and say, "Bob, Steve and Karen all make more than me. I'm supposed to be the team lead, dang it, and now you are considering this yahoo candidate for $30,000 more than me! This stinks. I need more money!"

This, is what we like to say, is a less effective method of getting a raise.

A better way is to gather information on the market rate of your job. If your company has paybands find out what your relationship is to the midpoint of that band. (For instance, a company will say "Jobs in category J are between $60,000 and $100,000, with $80,000 being the midpoint." If your salary is $80,000 a year, you are said to have a compa-ratio of 100%. If your salary is $70,000 a year you have an 87.5% compa-ratio.) If your compa-ratio is below 95%, you definitely can make a case based on that and your (presumably) stellar performance.

Yes, you should ask for a raise. You should have asked for a raise earlier. No one, but no one, cares about your career like you do. Managers have limited amounts of money to divide among their employees. If they know you will silently accept whatever you are given, you run a higher risk of getting the short end of the stick.

Keep in mind that different jobs command different salaries. For instance, in a pharmacy, you may have a store manager that makes less than the pharmacists she supervises, hires and fires. Why? If the store manager doesn't have a pharmacy degree she's easier to replace than the pharmacist who does. Or in something everyone understands, Katie Couric makes more money than her bosses.

Be positive and not argumentative. If, after you've done your research and shown that your job is worth more money and they are not willing to give it to you, you have to decide if you value that job more than money. If so, stay. If not, start job hunting. No one is forcing you to stay where you are underpaid.

Evil Lawyers, Evil HR People, It's All the Same

I am a middle aged woman who recently acquired a law degree (and bar admission) and wish to pursue a career in HR. So far, I'm told that my law degree is worthless in HR! I'm a bit surprised by this because my 30+ years of corporate experience (in administrative positions) tells me otherwise. HR as a function includes employee relations, which is a goldmine for plaintiff's attorneys. Let's face it - management and employees sometimes do not share an amicable relationship.

I assume that I will need to start in an entry level position and work my way up. Is it a good idea to "minimize" my legal education on my resume?

Any advise would be appreciated.

Surprisingly enough, I dealt with an extremely similar question back in July. Click over and read it and all the comments. There are comments from actual labor and employment lawyers!

Here's where your law degree is a liability for you. If I'm hiring an employee relations person, I want an employee relations person, not a lawyer. If I wanted a lawyer, I would hire a lawyer.

Richard Bales at Workplace Prof Blog reported a study that indicated that humans are disposed towards optimism--except for lawyers.

I found this highly amusing as my most enthusiastic, optimistic sibling is a lawyer. So I asked him. He said, "I can see why that is. All day long you deal with people who make bad choices and are arguing with other people making bad choices." Or anyway, he said something similar, as I didn't actually write it down because I didn't plan on regurgitating it until this very moment. (He can correct himself in the comments, if he so desires.)

My point with all this? Lawyers are adversarial. They are used to arguing a case. (Note that when you go to court, it's for "oral arguments" not for "a meeting with some nice donuts and maybe some fresh fruit for those who are watching their weight.")

Not saying this is bad or good, just saying that it is. Now, you may or may not be adversarial. You may have just gone to law school to learn the law and now you want to apply it to HR. Great. But, I see lawyer on your resume and I think, "adversarial." I do not want someone with that mindset in an employee relations role.

Yes, you must know the law to be a good HR person. However, the law you must know is limited and we have lawyers who we rely on if things get complicated. But, HR isn't so much of a "negotiating" with employees kind of a role as it is a "coaching" role.

We try to develop. We try to resolve. We don't try to argue. (Although, sometimes we do and sometimes we silently bang our heads repeatedly against our desks, but usually with our office doors closed--that is if we haven't been stuck in a cube. I currently have a head banging causing situation that I can't write about. All I can say is it's good that the employee in question is actually located several hundred miles from me because I might become a little more "adversarial" than I should and start banging his head against the wall.)

If you want to be in HR, you need to convince potential employers that, while lawyers are trained to be adversarial, you are not that type of person. You just have a firm understanding of the law. You want to develop people. You want to "resolve" conflicts, not win cases.

As with my other person with a similar predicament, I would recommend labor & employment law. Work for a law firm. Get an in-house position.

Now, that the advice is over, I have some questions for you. I'm curious as to why a "middle aged" woman would spend the time and money to go to law school when the end goal wasn't to practice law? That's something I would expect a 22 year old to do--I don't know how to get a job, so I'll just go get another degree! But, you've been in the work force for a long time and know the ropes. Ask yourself, why did you really get a law degree?

Prestige? It was close to your house? Big salary dreams? If you knew you wanted to do HR, why not get a master's in Human Resources or Organizational Development? Why did you choose law school?

If you wanted to be a lawyer, but haven't been able to secure a job and figured that HR was a good second choice where you could at least use some of your knowledge, well that I understand. I have a master's degree in political science, and we all know how useful that can be. (But it works--politicians are corrupt and self centered, some management is corrupt and self centered. It's all the same, really, except a distinct lack of bribery goes on in my current work.)

For those of you who have managed to wade through this long answer, (what can I say? It's Thanksgiving morning and Grandma is fixing the Offspring's hair, and everyone else is sleeping, so I have time), and who are not done with school, or are thinking about going back, I have some thoughts for you.

Why are you going into this particular program?

What do you think this degree will do for you?

What doors will open with this degree?

What doors will close with this degree?

Have you talked to alumni (notice, I used the plural) about how their degrees have helped them?

Is this the school you really want to be at? Why? Why didn't you pick a different school? If you could easily move, would you attend a different school? Why?

Will this degree raise my earning potential? Are you sure? What makes you think that?

I hate to see people finish school and go, "now what?" Or, "But I thought I could do X, but no one will hire me now!" Or, "I really wanted to work for company X, but they don't recruit candidates from this school."

Think before you jump into graduate school. Think, think, think. Then do it. Or not.

Happy Thanksgiving

I hope everyone is getting the next two days off work.

If you work retail, I hope your feet hold out for Black Friday.

Secret Job Hunt

Hi. I’m the daughter of a high level executive banker. Right now I am trying to do a little research for him on the possibility of finding a new position in Western New York. Yup, that’s right, Western New York. Hey, I’ve got his new little grand kids hostage out here *smile*…so there is a draw.

The problem here is that my Dad is used to having headhunters call him. He’s never had to contact someone to find employment & we are trying to do this discreetly. Any suggestions? I’ve been reading your blog & you seem pretty savvy (and funny).

I'll do anything for someone who thinks I'm savvy and funny, so send me his resume and I'll personally find him a job! All right, just kidding. As I am not a recruiter, nor a head hunter, I'm not the world's best source. But here are some thoughts.

Where in Western NY? Buffalo? Rochester? North Tonawanda? If you insist on the latter you may be in for a tough search.

But, really, this is not unlike any other job search, it's just targeted geographically. He's used to head hunters contacting him--then he should have a file of head hunters (or at least a stack of business cards). Have him contact them (not you--that gets his resume thrown in the trash) and tell them he's looking for a job in that area.

It won't hurt and it might help.

The number one way to find a job is through networking, so you can't do it too stealthily. If you are already in Western NY, start talking to everyone you know. This includes your neighbors, your friends at church, your dry cleaner. "Oh, we are hoping Dad will move up here soon. He needs to find a job as District Manager in retail sales," you say, "do you know anybody who does anything like that?"

"Oh yes," someone will say. "My brother-in-law works for Bunnies R Us, and since they won their lawsuit against Toys "backwards R" Us (the court said the direction the R faced DID matter) they've been on a hiring spree."

"Oh, excellent, can I give you his resume?"

Honestly and truly, I once got a call from someone who said, "Your real estate agent gave me your phone number. He said you worked for [big company]. My contact at [competing big company] is ending in a month. Would you mind passing on my resume?" I said sure, took his resume, looked at it, sent it on to the recruiter (he was looking for a job in a department I didn't have a personal relationship with) and a few weeks later, he was hired. He went to church with my real estate agent. If he had kept his mouth shut, he wouldn't have gotten in the door.

My company gets over 1,000 resumes a week, so if you apply to our website, a recruiter may never even see it. While I didn't have a personal relationship with the department this guy worked with, I do have a personal relationship with my fellow HR people in staffing.

Now, once you've called the headhunters and started talking to everyone you know, have your father start researching companies in the area. Pick the two he would most like to work for and network yourself inside the door.

Tell him to subscribe to the newsletter at Ask the Headhunter. I think Nick is brilliant and helpful. He'll give you ideas on how to target specific companies.

And if your father is successful, I hope he likes garbage plates and white hots. Yum on the latter, but once you're older than 21 the former become impossible to eat.

HR's ROI

I am working on my goals and objectives for 2008. I have two "projects" planned that I need to write business proposals for that will include the plan, the budget and the "return on investment." The two projects are to develop and implement a Wellness Program and develop and implement a Worker's Compensation program (specifically establishing a partnership with the local Urgent Care Center as well as establishing a return to work program).

My difficulty is going to be quantifying the benefit of such programs. I think the Wellness program will be easier b/c I can provide data supporting the number of absences related to medical issues or actual production numbers and the effect of illness. I can then provide an estimate as to how absenteeism will decrease and presenteeism will increase with the help of a wellness program. The real struggle is going to be providing the numbers for establishing a partnership. Both programs will be extremely time-consuming and the results won't be realized right away.

Can you provide even just a few suggestions as to how I can present the proposals in such a way that I will have quantifiable evidence to support the investment?

I don't know anything about either one of those programs, other than my company has all sorts of wellness programs and everyone I know completely ignores it. So, good luck with that! (Other than the on site gym, which people do use.)

But, my general advice on this is to ask yourself this question: How will I know when we're successful?

Are you successful when 50 people come to your wellness seminar? Are you successful when one employee gives up smoking? Are you successful when people visit your designated urgent care center rather than their own primary care doctor? Are you successful when the time on leave due to worker's comp issues is cut in half? By 10%?

What does success look like?

Once you've identified what success is, (and it needs to be something measurable--writing down "employees are healthier" won't cut it. Sick days are down is measurable.), it's pretty easy to write everything down.

The key is developing your programs so that they are effective and measurable. I do not know how to do this for these two programs. At least you are already seeing that the return will not be immediate. Make sure you put time lines in for effectiveness. And do your research--find out what other companies have done and what their results have been. ([Competitor] began a wellness program in 2003. By year end 2007 their health insurance costs had increased 10%, as compared with our 40% increase.)

Good luck.

Benefits

Hi Evil HR Lady. It's so funny that you call yourself that; I used to work in HR and always felt perceived that way. We never have good news!

I'm writing to you with a question that seems to have no GOOD answer depending on the research I've done...and one that I have NO experience with.

I was working for a company. I got sold to a new one and then got leased back to the old one. Result? I've been considered a "contractor" with no benefits.

Nearly ten months later, I am about to be eligible for benefits according to the standards for freelance (or Project-Based) employees. November 1st is the beginning of the eligibility period. I have written to HR with my questions, so I can be ready for this date and not miss a chance to qualify for benefits.

Here is my question: What are the alternatives for someone when HR does not respond to questions regarding benefits? The benefits administrator is notoriously unresponsive, and yet, there seems to be nothing we can do! This can't be right. When it comes to money matters, the labor board can intervene. But when it comes to benefits, who makes sure that HR is doing their job? Who can I turn to for help? What are my alternatives?

Earlier this year, her unresponsiveness cost me the opportunity to accept my COBRA, and therefore made choosing a personal insurance provider more difficult and costly. I don't want to lose my chance this time around; I am entitled to these benefits, and want to make sure I get them.

What can I do?

Any suggestions you have would be greatly appreciated.

As with just about everything, it's not what you know, it's who you know. (Or in your case, it's not the substance of the question, it's who is doing the answer.)

Our benefits person is supposed to respond to my questions within 48 hours. Ummm, that doesn't happen. So, if I truly need an answer faster than 3 weeks, I have to cc not only that person's boss, but their boss's boss. (If I just cc the boss, she doesn't check her e-mail and I think her slacker minions know that, so it's not enough of a threat.)

The sad part is, the boss's boss doesn't really believe there is a problem, because if he's cc'd on an e-mail, I'll get a response within an hour.

What you have to do? Find the right person to ask and the right person to do the asking. The higher up the food chain the question asker is, the more of a chance of a response. This is sad, but true. You didn't get a response. Ask your boss to ask the question. If she doesn't get a response, ask her to ask her boss.

In the mean time, ask around and find out who the real problem solver at the company is. There is one--trust me. Once you find this person, your life will be blissful.

(And people, it is worth it to find that magical problem solver person. He or she can be lurking somewhere you'd never expect. I, for instance, can get a boat load of things fixed, not because of my current position, but because in a previous position I had a great relationship with the right people. I'm valuable to the average employee, but most people don't know that, because it's not in my current job description.)

I hope you get you benefits straightened out.

A Big Hiring Mistake

Dear HR,

Tell me what you would do in this situation? My husband owns a company. He recently hires a CEO under an employment agreement for the period of one year at which time they would reorganize the company into a partnership.

My husband retains ownership and the position of the president of the Co.and is the CEOs employer. The CEO has worked for the Co. for aprox. 6 weeks. In that time he has alienated all of the employees to the point that they are ready to leave the co.

The IT person, who will also be a 10% partner says that he does not want to be in partnership with the CEO. The bookkeeper says that he is a bully, is unprofessional and does not have the skills to manage. The data entry person says that he talks down to her and encourages her to look for other employment.

He has stated that the employees are paid too much and he is paid too little, that my husband is not the boss, he is, throws tantrums and gives directive when he tries to make decisions without gaining all of the information, and generally does not listen to my husband or other employees concerning the business.

He has made statements about my husband to undermine his reputation and authority. My husband would like to fire him but is concerned that he has not given his enough time to learn the industry. What do you think.

I think you should get a lawyer and figure out how to fire the guy. I don't know what kind of employment agreement you have signed, but you better hope it's not one that will require you to give him a good chunk of the business to get rid of him. Get to a lawyer, now!

You are also concerned that you haven't given him "enough time to learn the industry." None of the problems you've mentioned have anything to do with a lack of understanding about the industry. They all have to do with a lack of understanding about managing people. You do not want a CEO who does not understand how to manage people.

One of the big mistakes managers make is not recognizing that they've made hiring mistakes. You hired him, so you must be able to fix it. Bah! Part of the game of being a CEO is playing without a net. You can't do the job and you are out of there.

Get rid of him. I just hope it doesn't cost you a fortune.

Carnival of HR #20

Is now up over at Guerilla HR. It's got a baseball theme, while Patrick (the host) claims to not even like baseball.

You certainly can't trust those HR types, can you?

The Next Carnival of HR will be November 28 and hosted by Carmen Van Kerckhov at Race in the Workplace.

Tuition Reimbursement

Dear Evil,
Love your blog! I'm curious if there are any laws governing tuition reimbursement programs. A colleague at a former company once told me that if a company offered tuition reimbursement, it had to be available to everyone for any subject of study. I didn't fully believe him because the policy stated otherwise, but I have never been able to find any information on the topic.

Example:
My company covers 75% of the cost of tuition for approved educational courses, after completion with a C or better. The requirement for approval is this: "Courses must be associated with obtaining a degree, completing a program of study, improving technical skills required in performing current job duties, or acquiring skills and knowledge for improved performance and advancement within [organization]."

Where is the line drawn? I work at an engineering firm, so most people have BS engineering degrees or 2-yr drafting degrees. It's reasonable that a drafter getting a BS in engineering is eligible. Management or MBA degrees are probably also slam-dunks. But what if someone gets a wild hair to pursue an English Lit degree? Or what if I get my MS in engineering but lay out a course plan that is clearly not focused on our industry (say all automotive-related courses instead of HVAC design)? Or, maybe it's okay for the admin asst with no degree to get an English BA but not for the engineer?

My guess is that it's the difficulty in drawing a clear line in what qualifies and what doesn't is why an employer might choose to just let any education program of study be accepted, hence my coworker's comment. Are there any laws about this? What do you see as common industry practice? I'd like to know before I go apply to have my Culinary Arts Assoc degree sponsored by the company ; )

Where is the line drawn? For your company, I have no idea. Call up whoever administers the plan and ask. There's no secret language used to try to trick you into taking a class and then deny payment. Just ask. Get pre-approved before you start the class.

Tuition Reimbursement is not a requirement, nor are there restrictions on what a company must do with it. (With the usual exceptions of it being non-discriminatory. For instance, a company can't say, "You must be under 40 to receive tuition reimbursement, as if you've made it to 40 without a degree you won't stick it out anyway.")

Some companies allow you to take any class your little heart desires. Others, require the classes to be in a degree or certification program, or to be in a subject area that relates to your job.

How I read your company's description is that unless your company is involved in the food industry your dreams of a paid for culinary school are officially dashed. But, call and ask. Won't hurt.

And since you didn't ask, but I feel compelled to share, I'll throw in my 2 cents worth on what I think a tuition reimbursement plan should include. First, I think it should be related to the business/job, but within a broad range. If your job requires writing proposals, then a degree in English would be acceptable. I'm a general fan of education and can see how [almost] any additional knowledge can be helpful in the workplace.

Second, require the person to remain at your company for a set time period after receiving the money. Generally, 3 years. If you leave in less than 1, you have to repay the full amount. 1-2 years, 2/3, 2-3 years, 1/3 and after 3 years you don't owe anything.

Why the mean repayment plan? Because otherwise people take advantage of you. A friend worked for a company that didn't require you to stay after receiving tuition reimbursement. They also had a generous plan that covered whatever school you wanted to go to. So, he went and got an MBA from the University of Chicago. (Cost: Lots.) That is, he and about 12 of is closest work friends. Upon finishing their pricey and valuable MBAs, all of them split for higher paying jobs.

That company made 2 mistakes: One was not requiring reimbursement if you left too soon. But the other was not actively "recruiting" their internal candidates with new degrees.

For heavens sake, companies, make provisions in your compensation guidelines to allow for big raises and promotions to newly degreed employees. If you would automatically consider a newly minted MBA from the University of Chicago--who was an outside candidate--as a candidate for a Director level position, make sure you allow your internal candidates with the same qualification access to those positions. Otherwise, they'll take their expensive education and go to your competitor. Don't say, "but that's a three grade level jump and we only allow a one grade level jump without approval from a Sr. VP and then the max we can do is two levels!" Policies like that drive me CRAZY. You've just paid for this person's MBA, take advantage of his new knowledge!

Take advantage of your company's tuition reimbursement if you are interested in getting a degree or improving your skills. If you don't have a bachelor's degree and your company will pay, start working towards one NOW. I don't care if you don't think you'll ever need it. You will. Get it, especially since you can do so cheaply. One class at a time, if need be. But, go get it.

Office Politics at Play

I am an IS Customer Services Manager of a large Children's Hospital.

I have an issue that I would appreciate your input on. Another IS Staff member, non-management, applied for my position, and did not get the job. I need to work with this Staff member on project related installations. This person does not report directly to me.

This staff member is determined to provide no cooperation, but it is done in a manner of giving the appearance that she is so busy attending to other fires that any request I have is either ignored, or not answered for an unacceptable period of time.

I have spoken with her direct manager, also less than an agreeable 'alliance' type of person.

I have bent over backwards with this staff member, trying praise (for the smallest things), favors when she 'conveniently forgets' she needs one of my resources, utmost cooperation. And, still she is seeking to underhandedly try to make me fail. Well, it won't happen. I have since gone to my VP to advise of the continuing issues and ask for direction.

The latest issue is a project pulled from her and given to me with pretty much no transition. She horded so much information we are now left with an issue of asking for additional funds for required equipment for a project with a 'closed budget'. My initial thought is to make her invisible to me, but, I am then becoming the type of person she is. While I am extremely capable of getting things done, there are some things that are better answered by this Staff member, rather than having to go to Finance, Purchasing, etc., and making IS look stupid. HELP!

First, my deepest apologies for you having to go through all this. Just be grateful she doesn't actually report to you, or it could be worse.

I know, I know, I'm not being helpful or reassuring.

What you have here is a resentful information hoarder. There are some people out there that subscribe to the belief that their value comes in knowing things that non one else knows. If they tell you, they lose their power. This, of course, can be quite frustrating for everyone else. (And not to mention, the world tends to fall apart when this person goes on vacation--which is part of her subconscious plan to show her value.)

I'm going to suggest two ways to go about this. One is through her boss.

When she says, "I can't do that because I'm doing x," just accept that answer from her. Then e-mail (document, document, document) her boss and state, "I need Y and my understanding is that [bitter woman] is the only one who can provide that for me. She, however, is doing x, and is unable to assist. Is there someone else on your team that could possibly help?"

Then go on to explain the project and what help you will be needing in the future. At everyone one of her refusals or delay tactics, respond in the same, calm manner, to her boss. You can cc her on the e-mails so you know her boss knows.

Now, you also have a problem with her manager, a "less than agreeable" type as well. Even less than agreeable types get fed up with constantly having to defend poor workers.

Now this method can either work, in the sense that manager will finally crack down on his annoying employee, or it will fail miserably, as both of them will grow to resent you even more!

Aren't you glad you sent me this question? Ruining your life even further in three easy steps!

My second option is to realize that she's not going away and she's not going to get over her anger at not getting your job. In this method, you just become realistic about your expectations. You are going to have to reach out to finance, purchasing, etc.

You ask [bitter woman] (via e-mail) for information on x. She responds, "I can't do that. I'm busy doing z." You take that e-mail and forward it to purchasing, "I am so sorry to bother you, but [bitter woman] is swamped. Can you help me with X?"

Gradually, you'll begin to gain the knowledge that this woman is hoarding (and you get your staff to gain it as well), and you'll develop good relationships with other departments. Thank them profusely for all their help. Send over a box of chocolates now and then.

"Purchasing Department--I'm so sorry to have bothered you for so many questions, but you've been so helpful and responsive. We couldn't have finished this project without your help." Attach that to a large box of chocolates and send it over. Trust me when I say they won't care that you are bothering them. They have food. (It's amazing how people that complain, complain, complain about how little they are paid will make the world move for some free chocolate or pizza.)

The end result of this method? Well, you are gradually phasing out your need for [bitter woman]. Keep your VP casually informed. Don't complain or whine about it, just casually mention it. "Boy, [Bitter Woman] must be swamped. She never did get around to providing the necessary information for the project we took over for her. I had to go to purchasing. So, do you have any exciting plans for Thanksgiving?"

Information hoarders are a major annoyance. Angry information hoarders are almost impossible to deal with. Good luck.

Dress Codes

I wore new pants to work on Friday. They were black and very business appropriate. I paired them with a nice jacket and heels. I was very professional. Except that the pants were made out of some sort of stretchy cloth and I felt like I was wearing pajama bottoms, even though I didn't look like I was.

So, I was appropriately dressed and extremely comfortable. Ahh, the wonders of business casual. It made me think about dress codes, which was ironic because I got an e-mail from a Public Relations Firm about a Business Week case study on dress code.

Would you fire someone who repeatedly violated the dress code, but otherwise was an exemplary employee?

If you watch the video at the site, Jennifer Maxwell Parkinson, "The Dress Code Whisperer" (I did not make that title up, it's at the site)recommends hiring an image consultant.

That sounds good, in theory, but can seem to open up a whole host of worms. What if the employee is a member of a protected class? Yikes. You need to be sure it is a dress code issue and not a culture/age issue.

I do think it's critical that you have a clear dress code and stick to it. It's beyond difficult to get managers to enforce it. Anybody have any suggestions on how to enforce dress codes at your office?

You Will Be Laid Off

Well, aren't I just a ray of sunshine on this Monday morning. I can also tell you a few more cheery things, if you'd like: You'll pay too much in taxes. That shirt you got on sale wasn't really a bargain because it's ugly. The phone call from your child's teacher? It isn't to say what a joy he is in class.

But, back to our topic at hand. You will be laid off. Maybe not today or tomorrow, but the way the world works, many (if not all of you) reading this blog will be laid off at some point in your life.

For the record, I'm not opposed to it. Employment-at-will keeps businesses strong and the economy moving. Put too many protections in and it becomes difficult to get a job to begin with.

But, back to my point. You will be laid off at some point. Please be prepared. Even if you say, "My company offers severance and I would be able to find a job before my severance expires, so I'm not concerned," could you go a month without a pay check? If not, please start saving money now. There may come a time when you have to go a substantial amount of time without a pay check.

I regularly get people crying to me because it takes a month to begin severance pay where I work. It's not that money isn't coming, it's that they can't pay their bills today.

So, my doom and gloom message is a little reminder. Money in the bank=happiness. No money in the bank=teary calls to Evil HR Lady. All I can do is sympathize with you. I can't pay your mortgage.

And many people out there don't get severance. Your company is never so stable as to mean you have a job for life.

Please prepare? Please?

Thank You!

I cam in a respectable 3rd Place for the 2007 Weblog Awards for Best Business Blog. Since the winner and the second place blogs were both run by multiple people, who (it appears) get some sort of payment for blogging, I feel extra special.

Next year, maybe we can get some additional HR Blogs in the business category. HR really is the heart of business.

Forcing Payment

Dear Wonderful HR Lady,

I accepted a great job about 2.5 months ago. I've been working for nearly two months now, but I'm started to get a little frustrated over something I was promised.

As part of my offer, I was given $1,000 in relocation assistance. I signed a formal offer letter that said I would be eligible for it. Since I started, I've had to sign two forms because the HR lady said I signed the old form. In order for me to get the relocation assistance, she has to send it to the corporate office.

Originally I was supposed to wait 30 days to get it, although I'm now far past that deadline. I was counting on this money to pay my relocation expenses, which are sitting on my credit card, waiting to be paid. If I wasn't offered relocation, I would have made a larger counteroffer on my salary.

After 1.5 weeks of waiting on my check after the HR lady said it was coming, I approached her again. She sent off yet another e-mail to corporate.

Is there anything else I can do? I really need this money to pay my expenses. It took them 1.5 months to pay me back for my interview expenses, but they weren't as large.

Thanks,
New employee

Well, with a salutation like "Dear Wonderful HR Lady," how can I resist answering you? I'd like to give you some magic words that will make them pay up, but alas, I don't have anything.

Since the company has a corporate office, that you don't work at, I'm guessing the function of paying promised relocation benefits isn't done by the HR lady writing a check.

Companies are generally big, nasty, bureaucracies. I don't know your company, but here's a good guess: HR fills out a form, sends it to payroll. Payroll has a payment cycle and payments such as these are probably processed on specific days, once or twice a month. Payroll requires the request be received 7 days prior to the payment run. Your request got denied the first time because it was on the old form. (Payroll blamed their inability to pay it on Sarbanes-Oxley because that makes everyone shake in their boots.) Then your second form arrived 6 days prior to the payment run, so now you have to wait for another cycle to come to an end.

My point? You can beg and you can plead, but nothing speeds up a bureaucracy. Sure, if you get desperate you can go to small claims court, but that will make you persona non-grata around the office.

Ask for a specific date. If the HR Lady can't give it to you, ask who you need to contact in payroll. If that doesn't work, ask your boss to look into it. If that doesn't work, threaten (politely) the HR Lady by saying, "I really need this payment and I'm starting to feel like my only option is to take this to small claims court."

I don't think it will amount to that, though. These things just take time. And it's not as important to anyone else as it is to you.