Your Boss Hates You: The politics of CYA

In the January 27, 2015 Ask The Headhunter Newsletter, a reader is fed up with a boss whose idea of management is bad politics.

Question

mean-bossI work for a failing organization that brought in a new manager to turn things around. The problem is that the new manager has threatened to dismiss me. He clearly hates me. I have never been in this situation before.

Earlier this year I was given a merit raise and was told by my manager’s boss that they were very happy with my work. I’ll be resigning, but how do I insure that this company doesn’t say negative things to a future employer? Should I see a lawyer? How should I handle this in the meantime?

Nick’s Reply

You’re going to have to play politics, because your new manager started the game. Don’t tell yourself that you can’t play because it’s distasteful. This is part of managing your career and work life, so learn to play well. The key is not to go it alone. I’ll offer you some suggestions, but remember that your judgment matters more than mine because you’re in it, and I’m just watching.

First, assess where you really stand.

I’d go talk to your manager’s boss about what’s happened; that is, to the person who told you what a good job you were doing.

How to Say It
“I just got a merit raise and you gave me some nice compliments on my work — this motivated me to work harder and smarter. Now I need your advice. What am I to make of this threat to dismiss me? I want to do the right thing, for the company and for myself. But it’s very distracting to have my new boss threatening me. Can you please advise me?”

You must find out whether you have support, or whether the company will let the new manager toss you aside. It’s hard to say whether the big boss will come to your aid. Managers don’t like to battle with one another, but you must ask for guidance. Hopefully, you’ll get the help you need.

Regardless, you must also take action to protect yourself.

Second, establish a record.

Visit HR and get the facts. What does HR have on file about this matter?

Then create your own record. Start a written log of events (including names, dates, times, conversations), which may be helpful in the event you take legal action. Bring this with you to the HR office, where you can inquire about the problem you’re facing..

How to Say It
“For the record, have any negative reviews or complaints been filed against me? I have not seen a PIP (employee Performance Improvement Plan). Is there one on file?”

When you ask HR these questions, also submit them in written form. HR relies on records; you should, too. It’s part of playing politics well. If your manager is planning to fire you, HR will use a PIP to document your “problem behavior” and the company’s attempt to help you correct it. HR uses the PIP as a kind of CYA action to protect the company legally. It will tip you off to how serious your new manager is about canning you.

If there’s nothing like this on file, then I suggest letting HR know that your manager has threatened you. Bring along a short letter to HR that states what you’re about to say, and include accurate quotations of (a) what your manager’s boss said to praise your work, and (b) what your manager said to threaten you. If you wind up taking legal action, these documents may be helpful. When HR sees this in writing and observes you taking notes, you may not need a lawyer — your manager may need more help than you do.

Then ask HR for help.

How to Say It
“I’d like to ask your advice and help. My manager has threatened to fire me, but his boss recently said XYZ about my work, and I was given a merit raise. So, I’m confused and very concerned. My performance has been praised and rewarded, but now I’m threatened with dismissal, but there’s no warning in your files. Should I be talking with an attorney?”

please-fire-meWhile it’s a bit risky to bring up hiring a lawyer, providing HR with written documents puts HR on notice. Now, HR — if it’s got any integrity at your company — has to take this seriously. (Do you question HR’s integrity? See What’s HR Got to Do With It?) Ask for a response in writing. If HR doesn’t give it to you, log that fact, too. Lawyers love logs. Whether you go to a lawyer is of course up to you. I’m not advocating that, but I want you to be prepared with information a lawyer may need to help you.

While you’re meeting with HR, let HR see that you’re making notes about your conversation — and doing your own CYA. It’s part of playing politics, whether your idea of winning is a lawsuit or merely quitting and moving on.


Coming Next Week: A special edition about how to leave your job.

Did you get fired? About to get downsized? Ready to quit? We’ll discuss how to protect yourself so you can move on — on your own terms! Don’t miss it!


Third, develop options.

Now that you’ve assessed — and let HR know — where you stand, the third part of politics is to get some insurance.

Gather a few written references from managers and co-workers, if you can do it discreetly. If you have a good enough collection, you may not need to include your current manager as a reference when you go job hunting. Other managers will suffice. One negative reference that you can explain as a bad egg may not matter much, as long as you have the support of others who know you well. (For more about this thorny problem, see How can you fight bad references?) You might be surprised at how much support you have when you make your move — even if these same people can’t help you protect your job.

(See Take Care Of Your References.)

Then take this a step farther. Have a friend who is a manager at another company call your current manager, his boss and the HR office, and ask them for references. (Caution: Do not fake this. You need a real manager asking for real references. Never lie. But there’s nothing wrong with playing more politics.) You’ll quickly learn whether they’re torpedoing you. If they are, you may need to talk with an attorney who can put a stop to it.

Just remember that you can’t lead with your references. To be a truly potent job applicant, you must lead with your ability to show an employer how you’re going to contribute to its success. (See Stand Out: How to be the profitable hire.)

Of course, your most important insurance is to line up interviews with other good employers. Even if you take legal action, your best option is a great new job, and the peace of mind that comes with knowing another employer values you and treats you with respect.

I don’t know whether your boss really hates you, but if he’s threatened to fire you, that triggers HR processes, and that’s company politics. If you don’t believe me, you will when you realize that HR’s first job is to protect the employer, not you. So CYA. That means playing politics to protect yourself. Be prepared to fight fire with fire.


HR: Friend Or Foe?

While HR might be very sympathetic and helpful, it can also be your opponent — whether you’re leaving your job or trying to get hired. For more about dealing with HR, see Fearless Job Hunting, Book 4, Overcome Human Resources Obstacles.


Now for my disclaimer: My suggestions can be risky. I’m not a lawyer and this is not legal advice. So use your own judgment and do the best you can.

Have you faced a boss who hates you in spite of your good performance? What did you do to protect yourself? How did it turn out? How would you advise this reader?

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Bait & Switch Job Offers

In the January 20, 2015 Ask The Headhunter Newsletter, a job seeker interviews for a senior job only to receive a silly offer for a lower level job.

Question

I have not been on the job market since 2007, and after a layoff early October 2014 I am fighting my way through this job market. I have the background, experience, and personality a high tech company was looking for when they advertised a senior technical position at $96,000. After all the interviews, we seemed to be doing great, until my final face to face interview, where I was informed there are now two positions — one senior and one junior. During my initial screening with the company recruiter I was clear on my salary requirements.

When I recmousetrapeived the company’s offer letter, it was for $75,000, way below what we had discussed. I was insulted, shocked, and angry. When I called the recruiter, she stated there were a lot of strong candidates, that there were actually five positions, and that I fit better into a junior role at the salary offered. I replied that I applied for only the senior position at $96,000 and that there was no discussion of four other positions. I asked about the differences between the positions, and it’s clear from what the hiring manager says that there are none but the salary!

I want to send a response letter stating that I was a candidate for only the senior job, re-emphasizing my experience and expertise, and referencing the original senior salary range. What would you recommend?

Nick’s Reply

If you stand a few feet back from this and look at it for what it is, I think you’ll see the proper answer. I’m going to show you how to improve this job offer dramatically, but you must be ready to play this game for keeps.

First let’s do a reality check. This employer is playing you. You laid down the terms for the interview when you (a) applied for a senior technical position, and (b) when you stated your salary requirements and they agreed to proceed with those two understandings.

Now look at the facts:

  1. They offered you different job
  2. At a much lower salary.

We could just call this a stupid HR trick, but there’s another name for it: Bait and switch. A car dealer baits you with a test drive in a car you want to buy after you saw the price. You show up with a check, and they offer you a different car at a different price. You’d kick them down the street for switching the deal and wasting your time.

You did what you were supposed to do, so you’re thrown for a bit of a loop. You interviewed for a certain job at a certain salary level. They knew your expectations, and they agreed to proceed with the interviews. Then they changed all the terms and made a ridiculous offer. Had they made no offer, I’d just say the match didn’t work out. But this employer is clearly manipulating applicants. (I find this is most common with staffing firms that hire people and assign them to work for their clients. See Bait & Switch: Games staffing firms play.)

You’re trying to behave rationally, and you’re looking for a reasonable explanation and next step. The recruiter and manager should be trying to impress you — see Baiting the talent — but they are doing the opposite. They are breaking basic business rules and pretending the problem is yours.

But two can play at this, and you can play without doing anything unprofessional. First, you must decide that you are willing to walk away from the junior position at the junior salary. (If you’re desperate for a paycheck, then you know what you must do.)

What I’d do is sign the offer letter and send it back to them. But I’d cross out the salary and enter the salary you told them you wanted. Initial it. Cross out the junior title and write in the senior title you interviewed for. Initial it. Accept the position at the salary level you all discussed. Add a note that says:

“This is the job I applied for and that you interviewed me for, at the salary range we discussed. If you are prepared to sign off on the original terms as we discussed them, I am ready to start work in two weeks.”

Then let them figure it out.

My prediction is that you’ll never hear from them again. However, there’s a chance that, having a solid acceptance in hand, along with a start date, from a candidate they have judged worthy of hiring, they might negotiate a reasonable salary for the job you want. You’ve written your own ticket, and it’s up to them to join you for the ride. If they decline, you’ve lost nothing (having already decided you wouldn’t accept less) and you’ve preserved your integrity and self-respect.


For more about dealing with the final stages of the interview process, see Fearless Job Hunting, Book 9: Be The Master of Job Offers.


If they decline, write them off and move on. These are jerks of the first order and I’d never talk to them again. This is an unscrupulous recruiter who advertises a high-level, desirable job at a high salary to entice seasoned, experienced technical people like you to invest plenty of time in interviews — just so they can short-sell you on a lower-paying job that they’d prefer to fill with much more highly qualified candidates at a huge discount.

fishhookThey are con-men. You told me off-line who this company is: one of the biggest, most respected computer companies in the world — but it doesn’t matter. They’re still con-men.

Many, many people in today’s job market would fall for this and rationalize that it’s the best they can do. Maybe so — but when you add in a confidence game, we’re left with a bunch of self-deprecating job seekers who let themselves be suckered. Con-men love that.

I’d be interested to know what you do and what happens. The problem, of course, is that there are desperate job hunters who will accept any job under any terms and at any pay. This employer counts on that. It’s what’s wrong with our economy today: Crooks and suckers. They create a market that can’t last. It can only go south. For more about this, see Employment In America: WTF is going on?

(I mean no disrespect to job seekers who need to put food on the table and who will take any job to do so. I’d do it myself. But the economic reality is that being put in this position creates a vicious downward cycle that encourages more of the same from ruthless employers.)

There is nothing wrong with you or your expectations. If you can afford to walk away from this, I would not look back. Jerks make lousy employers. You need only one employer with integrity.

Did you ever feel pressured to accept a lousy offer for a job you never applied for? What’s the most bizarre job offer situation you’ve been in — and what did you do? Was I too tough on this reader? What would you advise?

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2 really insulting interview questions

We often discuss the Top 10 Stupid Interview Questions that employers ask. This week we’ll talk about two really insulting questions that interviewers should never ask — and how you might respond. One question was posed by a headhunter, and the other by an employer.

In the January 13, 2015 Ask The Headhunter Newsletter, two job seekers’ personal space is invaded by presumptuous interviewers:

Question #1

I am aggressively searching for an IT Technician position, and I have been contacted by several headhunter companies. They usually ask, “What other positions have you applied for?” and, “Which companies have you spoken to?” This makes me uncomfortable. What is the best way to answer?

Nick’s Reply

The best answer is short and sweet: “Sorry, I don’t disclose that information.”

tell-meBe polite, but be firm. It’s none of their business. More important, sharing that information puts you at risk. Unscrupulous headhunters (and there are lots of them) will go straight to the employer you mention and pitch other candidates to compete with you. In the meantime, the headhunter may not schedule any interviews for you at all. He’s used you.

In How to Work with Headhunters… and how to make headhunters work for you, I discuss this problem in more detail. The headhunter will likely try to explain that he needs to know where else you’re interviewing because he doesn’t want to create a conflict by submitting you to the same company. Yah, sure.


From HTWWH pp. 85-86, “Should I tell a headhunter who else I’m interviewing with?”:

The argument that the headhunter “just needs to know” to ensure you’re not already interviewing with her client is hogwash. She can just as easily determine that by divulging who her client is. After all, the headhunter called you, not the other way around. A good headhunter should not be bothered because you decline to divulge what companies you’re talking with.


Don’t fall for this ruse.

If they don’t respect your not wanting to disclose, then they’re not worth working with. They lack integrity.

If the headhunter presses you, try this: “Can you please tell me the names of employers and hiring managers you sent candidates to interview with this month?” Of course, it’s none of your business. And where you’re applying for jobs is not his, either.

Question #2

polygraph

I have been on many job interviews in the last two months and each time they have asked me if I would be loyal to them as my employer. I have been laid off a couple of times, though it had nothing to do with the quality of my work or my loyalty. It was due to a downsizing and a change in the job, requiring new skills I didn’t have. But employers seem to hold me responsible for those short jobs. Is there a nice way to say that I have been loyal, but employers were not loyal to me? I find it interesting and a little suspect when this question comes up in an interview. Do they expect an interviewee to tell them if they were not planning to stay more than a year or so? Why would they ask this? It seems like an unrealistic question.

Nick’s Reply

I think employers ask that question, best case, because they’re naive. At worst, because they’re stupid. If they seem puzzled when you explain it wasn’t you, but the employer, that made the choice to downsize, then that should tell you all you need to know. Their reaction is a non sequitur.

Telling them the truth and committing to the new job is the best you can do. But my cynical answer to these clods would be a question: “Well, how long do you keep your employees?” Of course, they’d be insulted, but turnabout is fair play.

Don’t over-think this. Often, the reason employers question an applicant’s loyalty is because they’ve already got a turnover problem. Rather than root out the real cause, they want you to promise you’ll stick around. Duh.

Another, more interesting, way to handle this is to go on a polite, professional offensive. Before they get to that question, ask them what the turnover rate is in the department you’re interviewing with. By taking the initiative, you also gain the advantage. If they answer honestly, they’ll become defensive. Then you can ask why people keep leaving. By the time they get to questions of your loyalty, their own “bad” is out of the bag.

Be careful, of course. I’m not suggesting being sarcastic. But it’s legit to ask an employer about employee turnover, don’t you think?

(For a head-on approach to changing the path of your job interviews completely, see Fearless Job Hunting, Book 6, The Interview: Be The Profitable Hire, especially pp. 16-18, “How do I overcome my deficiencies?”)

The two questions employers posed in these two Q&As are insulting because they are presumptuous and invasive. No one can assure an employer they will stay at a job, and a job seeker’s other prospects are none of a headhunter’s business. The best way to deal with such questions is to politely but firmly decline to answer them. How snarky you get is up to you.

What really insulting interview questions have you encountered? What’s your advice about the questions in this week’s Q&As?

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