Ask Ella: Employment Legalities, Getting A Promotion
Dear Ella,
Help! I'm stuck in a job and going nowhere fast. My employer promotes my co-workers, but leaves me behind. I was told when I first started here that I would have to come up to speed before I could move up the corporate ladder from an assistant marketing specialist to a marketing representative. It's been six months now, and while I feel I'm ready, my company does not. How can I get my boss to see me as a valuable employee and give me the promotion I deserve?
Dear How Can I Get The Promotion I Deserve,
Communication is the key. Make a formal appointment to speak to your boss and ask him/her for specific areas of improvement that need to be made on your part in order to receive this promotion. Read these areas of suggested improvements back to your boss during this meeting to clarify expectations and let him/her know that you will endeavor to achieve these goals. Set a specific date by which you think you can make these accomplishments, and set another meeting for a re-review of your work at that time. This meeting of the minds will let your boss know that you understand what is expected of you, that you can accomplish these goals and that, once these goals have been achieved, you have a commitment from him/her that you will receive your promotion. Good luck.
Dear Ella,
Eight months ago, I was hired as a waitress at an exclusive, small, intimate California restaurant. I make about $500 a week in tips and am happy with my work; however, since being hired, I have gained 85 pounds. My boss called me into his office last month and said that unless I lose this weight, he will have to let me go. I want this job, but I just can't seem to lose the weight. Can they fire me because I'm fat? That doesn't seem fair! What do you think?
Dear What Do I Think,
If you are unable to navigate the kitchen and the small confines of the dining space because of your added weight, then your weight has become an obstacle to perfuming the duties you were initially hired to do. If you want to keep your job, you will have to lose the weight -- there is no way around it (no pun intended). You can request a probationary period that will allow you to lose this weight while keeping your job, or you can request a leave of absence until you do.
Dear Ella,
How do I approach the salary question in a job interview?
Dear What About Money,
Never bring money up in an interview -- wait for them to ask you what you are looking for in a salary and then say this: "My current compensation is X, but I am open to a competitive offer depending on the opportunity -- and I think this is a great opportunity." Then don't say ANYTHING more.
This brief statement will do two very important things: It will let them know what you are currently making and that you expect to be competitively compensated for your skill set. If they have an issue with these dollars or need further clarification on this issue, they will ask you for it. Otherwise, wait for the formal offer to be extended before you begin salary negotiations.
Dear Ella,
I'm 26 and was just laid off my job due to cost reductions. I hold a BS in Computer Science and was thinking about going back to school to get my MBA -- but this would require my putting any new job on hold for two years while I complete my course work. Will my absence from the workforce during this time make it more difficult to find gainful employment once I complete my academic program?
Dear Want My MBA,
No, as long as you attend a college or university that has strong ties with the private commercial sectors in your area and then designs their curriculum around these companies' specific skill requirements. Interview the academic institutions you are planning on attending this fall to find out what companies regularly participate in their "on-campus recruiting" programs and what types of jobs they traditionally recruit for. Any education that adds to your skill set increases your overall professional marketability. Go for it!
Dear Ella,
I want to quit my job, but I can't afford it. I'm in a catch-22, so to speak, as I can't quit until I find another job and I can't find another job unless I have the time free to interview. What can I do?
Dear What Can I Do,
Most companies offer personal days and these are paid "off" days that you can take for any reason -- I suggest you use these personal days to schedule your interview. Also, let your prospective employer know the times that will work best for you when interviewing -- early morning, lunch, late afternoon etc. If a company is interested in your skill set, they will help you navigate the process and will be appreciative of the fact that you don't want your work to suffer in the process.
Dear Ella,
I am about to leave my company and start my own business. This business will be in direct competition with my current company's product line, as I will be contacting some of the same companies I now sell to -- is this legal?
Dear Is This Legal,
Unless you have signed a contract containing a no-compete clause with your current employer, you have no legal responsibility to stay away from their clients. If you have signed a contract with your current employer, I suggest you consult a human resources attorney specializing in contract law. You may still be able to conduct business with some of the same clients, as the law does not usually allow companies to disallow a professional from seeking gainful employment elsewhere in their area of expertise.
Next week: Mailbag
All rights reserved by Ella Kallish.
Written by Ella Kallish.
For more information on Ella Kallish, go to www.ellakallish.com.
Ella Kallish is also available for corporate and group seminars.
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