2012-07-26

It’s tiny answer Thursday — seven short answers to seven short questions. Here we go…

1. Hiring the runner-up before firing the first choice

I am an HR director for a nonprofit of about 120 people. We recently wrapped up a lengthy search that saw us have applications from nearly 100 people. It was down to two candidates, and I went with my competency list (attempting to be as unbiased and scientific as is possible in this inherently messy profession) instead of my gut intuition.

We’re now 3 weeks into working with the hire, and he is not meeting the bar. In retrospect, I should have known this and am kicking myself. I am reasonably certain the runner-up has not yet accepted a position since he was leaving the country for the 3 weeks since we called to reject him. I do think he is capable of the job and meets our bar. Is it ok for us to call him and confirm his availability prior to terminating our current hire? How do you suggest handling a conversation to offer him a position after having just passed him up for this spot less than a month ago? The position is urgent and basically must be hired within the next week.

You really need to handle the termination and the hiring separately. If you start hiring this guy before you’ve handled things with the person currently in the position, you risk signaling to any employees who hear about it (including the prospective new hire himself) that you’re not straightforward with employees when things aren’t working out, and that you’re willing to operate in a manner that many people will see as shady.

So don’t wait to talk to the new hire about the fact that it’s not working out. But meanwhile, you can certainly email the other guy and say, “Hey, we have an unexpected opening that we’d love you for; we’re still ironing out details, but I’m wondering if you’re still available.”

2. Part-timer being worked full-time

I am a part-time employee at a design firm, where I also assist the receptionist on an as-needed basis. I cover the desk until she comes in, and for lunch breaks, vacations, etc. Here’s the problem: they ask me to stay late (I am only scheduled until 2 pm) at least twice a week, sometimes more. And the receptionist has been either calling out sick or taking a day off, at LEAST once a week. So I feel obligated to stay the full day (I have a couple of other part-time gigs that are flexible, so it is usually not a problem). The problem is, when she is out, I cannot take a break. I can’t leave the desk for more than a bathroom break, and I’ve worked stretches of two weeks of 9 am – 6 pm or 9 am – 7 pm without stepping outside for air — or to get lunch. That makes some weeks 45 or even 50 hours. It is a small company and I have only been employed with them for 6 months.

Should I be getting overtime for those hours? Or are they required to give me an hour break? I am non-exempt and am paid by the hour.

If you’re non-exempt, you should be getting paid overtime for all hours you work over 40 within a given week. Whether or not you’re required to be given a break depends on what state you live in; there’s no federal law requiring them, and some states do and some don’t.

Also: You can say no. Don’t feel obligated to stay late if you don’t want to and didn’t sign up for that. When asked, say, “I’m sorry, I can’t because I have somewhere I need to be.” You can also say, “Hey, can you send someone to cover the front desk while I go to lunch?”

I would talk to your boss about what’s going on, but she may have no idea or not realize that it’s a problem. Say something like this: “I’m glad to help out by working extra hours on occasion if it’s needed, but I’ve been working as much as 45 or 50 hours per week, rather than the Y hours we talked about. I’m also finding that when Jane is out for the whole day, I haven’t been able to take a lunch break or any other break at all. I’m not sure what options are available to solve this, but I figured I should talk to you about it.”

3. Using current employer’s fax machine to fax job applications

I’ve been looking for a new job, and one of the companies I applied at asked me to fax some paperwork to them. I don’t have a fax machine at home, and, honestly, aside from my job, I never run into one. I know using work resources to apply for other jobs is a big red flag for a prospective employer, but what about this situation? They insisted on faxed documents because they create legal copies. I ended up asking a local convenience store, but I’m worried that still looks bad.

Don’t use your office’s fax machine. You risk being caught, and you also risk their information showing up on the fax itself, which will look really bad. Use a fax machine at a copy shop, or scan the paperwork in and use an online fax service.

(And it’s weird that they’re requiring a fax. Nearly every other company manages to survive without requiring job applicants to use faxes, so their claim to you that it’s for legal reasons is B.S.)

4. Does this dress code sound like my nose piercing will be allowed?

I will be starting a new job in a couple of weeks and I’m currently going through the initial hiring process, reviewing paperwork and the employee handbook. My question is regarding the dress code. I have my nose pierced, and for the interview I put in a small, unobtrusive stud. Typically I prefer to wear a small hoop that is obviously less subtle. I read through the employee handbook, and the dress code just warns against appearing sloppy, unprofessional, or of wearing extreme styles of dress or hair. I live in a city where piercing and tattoos are very common and prevalent, though I recognize that company culture dictates what is acceptable as well. When I went in on a Friday for my interview, everyone seemed casually dressed. If the handbook doesn’t explicitly say anything about piercings can I go ahead and wear the jewelry I want? Is this the kind of thing I should wait to feel out after I’ve been there or should I just ask HR outright if it would be acceptable? It seems silly now that I’ve spelled out my concern, but I feel strange asking for permission for something like this.

Just ask. Wear the unobtrusive stud again on your first day and ask either HR or your manager, “Hey, I wanted to ask about piercings. I normally wear a small hoop in my nose, but I wasn’t sure from the dress code whether that was okay or not.”

5. Explaining a job detour caused by depression

In August of 2010, I left my job as a grant writer at a small, internationally focused nonprofit. There were many reasons for my departure, but chief among them was that I was battling a very bad case of chronic depression and PTSD. I decided to take on a job as a dog walker while I tried to deal with my mental health issues — something that would be physically active, fun, healing and still bring in an income. I am still working as a dog walker now, but I have successfully treated my issues and am eager to return to a more engaging work world. I’ve recently started job hunting and I’ve sent out a few applications, but I’ve been held back by my fear of trying to explain my work history. I’m nervous that employers will not consider me as a serious candidate because I’ve spent the last two years in a service job. How do I tactfully explain why I’ve been out of my field for two years without giving too much undesired information?

“I was dealing with a health issue that has since been resolved.” That’s all you need to say — employers shouldn’t probe to find out specifics; they just want to know that it’s no longer an obstacle. Good luck!

6. Is this temp-to-perm-to-temp job fishy?

I accepted a temp-to-perm job that was suppose to go perm after a month or two. When I accepted the official offer and completed the application, after 2 months my employment was rescinded! Apparently there was an inaccuracy in my job history dates that I thought I cleared during the background screening process. They agreed to let me stay temporary with a possibility that I can reapply after 6 months. Is this at all a likelihood or just an excuse to keep me off payroll? Some of my coworkers are in the same boat.

Hmmm. I was going to say that I have no way of knowing; it’s certainly possible that they’re extremely rigid and bureaucratic and are telling you the truth. However, the same thing happened to some of your coworkers? That makes the whole thing sound fishy to me … although it’s hard to say with certainty without more details.

7. Managing a lazy employee when you don’t have real authority

I think “facilitator” is the best way to describe my position. I am in charge of six people and need to decide their day-to-day assignments within our group, but lack the power to really hire or fire. My question is about an employee who is lazy and apathetic. He needs constant “reminders” about what to be doing. When I give him specific assignments, he’ll say “Really?” as if it were a joke. I’ll answer with “Yup” and sometimes will give explanations. It’s draining to need to give him several more directions when the other employees can usually figure out what needs to be done by themselves, and if others need direction it only needs to be said once. Am I being too soft? I spend all day with these people, and don’t want to scare them off.

P.S. I should add, he’s young and doesn’t really seem to care about the job. It’s more of a short term money-maker.

Tell your boss what’s going on and ask her to intervene with him. If you don’t have the authority to manage people’s performance (which inherently includes setting and enforcing consequences), then she presumably is the one who’s supposed to be doing it … so give her the information she needs in order to do that. If she doesn’t handle it, or if she does but things don’t improve, go back to her again and push the issue harder. There’s no reason this should be tolerated when there are loads of talented people looking for work and who wouldn’t behave this way.

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