Quick Quitting Questions

by Evil HR Lady on January 14, 2015

I just got released back to work from disability leave after 1 1/2 years and they first asked me to resign and then they told me I will get the swing shift instead of my normal schedule which is mornings.

What do I do?

And one more question, my boss has family working under him, I spoke to HR about it an nothing gets done, do I quit my good job or what do I do?

Well, first of all, they held your job for  1 1/2 years. The Americans with Disabilities Act only requires “reasonable” accommodations and I’m guessing that most companies would be able to successfully argue that holding a job for a year and a half is not reasonable for any company. (Although one never knows what the government will come up with.) So, my point is that they’ve been pretty accommodating to you.

So, you should thank them for that and go ahead and work the swing shift. Now, if they only put people who have taken disability leave on the swing shift, that would be a violation of ADA, but I doubt that’s the case. Of course, you don’t want to work swing shift, so you can start looking for a new job. But, if you quit, you’ll not only be unemployed, but ineligible for unemployment or disability payments. This will create more problems than it will solve.

So, do a good job at work so you can get a good reference, and look for a new job with a morning shift. You can also ask what you need to do to get transferred to a morning shift. As for the family working there, it’s pretty standard to give family members perks.

I currently work for a big corporation.  I have been working here for about 7 weeks.  About 3 weeks ago I found out my company’s health insurance will not pay for my [expensive prescription drug].  The retail cost of [expensive prescription drug] is about [two times EHRL’s rent! Holy moly!] a month.  I cannot afford to pay that every month.  I dropped my company insurance and enrolled in an individual health plan that costs me $408.19 per month but it covers all but the co-pay for my [expensive prescription drug].  I am going to have to quit this job and go back to the job I have prior to this because the health insurance I had there covered my [expensive prescription drug].  I will save $400 a month if I go back and the pay is pretty much equal.  I have to be hired at my previous employer in January so that I will be covered by health insurance in February.  How do I go about quitting this current job? 

Quitting your job is the least of your worries. When you quit you just need to submit a two weeks notice to your boss. They’ll be disappointed because you’re a new hire, but it’s not a huge deal. The biggest deal is getting your old job back.

Most companies are pretty loath to hire people back directly after they quit. After all, you quit for a reason, and 7 weeks later it’s unlikely that whatever problem you left for has been solved. Some managers hold grudges against people who quit, and really have no desire to rehire you. But, it’s also possible that you were fabulous and they would be thrilled to get you back, in which case take the job and resign your current job.

Now, in the future, you’ll have to dig deeply into insurance plans before you quit a job, which kind of stinks. Also, keep in mind that the plan a company has today may not be the plan that they have next year. You can also investigate if you can get an exception to the drug denial, although it’s too late for that now, as you won’t be able to re-enroll in your company insurance until the next open enrollment period.

I’m in a dilemma now if I should resign or stay there to take my boss’s  [squid lips]. My boss told me that I should look for another job, but he doesn’t want to fire me. I feel so upset and not motivated to do anything. I got this job after being offered a better pay than my old job. But it turned out to be, the job is not what I expected. I applied for an accounting job. On the job description, it says record mgmt, but they asked me to scan 30 binders of old  documents. It is more of a scanning job than accounting. I presented that why I was giving this job which I am not assistant position. They say that it’s on the job description. But I don’t see it says that I have to scan past docs. He says that if I don’t want to do, I should resign. Please help me what I should do? 

The reality is, it doesn’t matter if it’s on the job description or not–your boss can pretty much require you to do whatever he needs. It’s also quite possible that once you finish up this scanning, you’ll do the job you were hired for.

That said, if you don’t want to stick it out, you should find a new job before quitting. But, I’d recommend giving it a few more months to see how things shake out. Most companies don’t want to pay someone accountant wages to do document scanning, which makes me think this is probably temporary. Although, once your boss tells you to look for another job, you may well be past the point of no return, but I can’t say for sure. (I did once tell an employee to look for a new job, but that was in the context that she was asking and asking and asking for a raise and I knew she was being paid above the market rate, so I said, “If you want more money, you need to find a new job.” She didn’t find a new job and stayed and actually improved her performance and got promoted, so all was good.)

Absolutely do not resign without a new job lined up.


New Employee Promoted Over Longer Term Employees

by Evil HR Lady on January 12, 2015

I have been working for a non-profit agency for a year. The job posting, along with job postings for the same job title since that time, stated that a BS degree was required. I have a BS degree.

Since I was hired, another person who did not have a BS degree was hired for the same job title. This person only has an AA degree and has been with the agency approximately four months.

This person has less education, experience, and qualifications than me and other employees in the agency, however this person was recently promoted to a supervisor position. There was no notice that a supervisor position was opening and apparently no other employees were considered.

The supervisor who held the position prior to this was promoted to a newly created position. I know the employer does not have to post position openings, but can they legally hire and promote someone who is less qualified than other workers? And let’s assume that the other workers do not have any negative performance issues.

To read the answer click here: New Employee Promoted Over Longer Term Employees


Hour of Code Isn’t Just For Kids–It’s For You Too

by Evil HR Lady on January 9, 2015

If you’re not thrilled about your current job, you might want to pay attention to theHour of Code. This event took place a couple of weeks ago and focused on getting children involved in coding, but Ryan Carson, founder and CEO of online coding school Treehouse, says it’s never too late for adults to learn to code as well.

Most people see learning to code as something for the young, but Carson says that Treehouse is also working on helping adults who are interested in a career change learn to code, and therefore, land coding jobs. Carson says,

“We believe this National Computer Science Education Week presents an opportunity to retrain our current work force and help many American adults, 27 million of whom are either unemployed or underemployed, begin or transition into a computer programming job of their own. Encouraging and educating adults with coding skills now provides an immediate solution to solving our country’s shortage of tech talent, while we wait on our youth to infiltrate our tech work force over the next decade.

To keep reading, click here: Hour of Code Isn’t Just For Kids–It’s For You Too


The Top 10 Helps for Your Career

by Evil HR Lady on January 8, 2015

Whether you run your own business or work for someone else, it’s always best to remember that no one cares about your success like you do. Sometimes your boss will behave in a fairy godmother like way, and grant you your wish without you even asking, but in most cases, you need to take the initiative.

Jacob Share went out and asked the top HR bloggers for their pieces in 2014 that got the most views or shares. Out of those, I’ve picked out top ones that will help Inc readers succeed in their careers.

To keep reading, click here: The Top 10 Helps For Your Career


10 Simple Ways to Get an Employee to Quit

by Evil HR Lady on January 7, 2015

If you have someone you want to get rid of, but you are too wimpy to fire him, there are some things you can do to make him miserable enough to start looking for a new job, just to get the heck out of Dodge.

Here are 10 of them:
1. Lower pay.
It’s perfectly legal (as long as there’s no contract involved) to lower pay if you announce it in advance (and in writing, in some jurisdictions). So, you can say, “Starting next month, you’ll be making $10,000 less per year!” but not, “Oh, by the way, your paycheck is smaller today because I cut your pay.”
2. Dock an exempt employee’s PTO for everything.
Your employee has a sick kid and wants to work from home? Charge it to his PTO bank. What about a one-hour dentist appointment? PTO dock. Coming in 15 minutes late? You betcha. Now, if an employee is exempt, you can’t dock actual pay, but as long as his pay remains the same, you can dock PTO.

To keep reading, click here: 10 Simply Ways to Get an Employee to Quit


I recently applied for, and was offered, a desired position in my current workplace. When the interview was set up, appointments were made on Outlook with my name in the subject, and the purpose of the meeting. The sheet was printed off and used as a reservation schedule for the boardroom for the day. In other words, anyone can walk by and see that I am being interviewed on that day at that time for that position. I felt it was a breach of confidence, as did the hiring manager. She promptly took it to HR, had the information made private, had it reprinted and re-posted on the room.

Of course, it didn’t take long before news got around. Later, when they were interviewing for my replacement in my current position, I asked the HR lady if it was an internal candidate and if it had been a good interview, and told her that’s all I wanted to know. She scoffed and told me that it certainly isn’t confidential information if I wanted to know.

Am I misunderstanding? I realize that unless I ask for confidentiality, I have no reason to expect it. However, I do feel like I should be able to expect this kind of information to remain unadvertised. Is this something I should talk to the HR representative about, or should I report it to her manager, or should I let my manager talk to one of those people? On the other hand, am I completely wrong and I should let it drop?

To read the answer, click here: Internal Job Applicant Has Privacy Concerns About the Interview Process


“We have a male employee whose large belly makes his shirt buttons pop open, leaving his skin exposed. We also have a female employee who has gained weight over time but has not purchased new clothing. Her tight clothing reveals her undergarments. This is a horribly awkward and uncomfortable situation, but their attire is not appropriate for the office. How should HR address this?”

To read the answer click here: Unpolished Problems: How to politely enforce your dress code.


Things You Wish Your Co-workers wouldn’t do

by Evil HR Lady on January 5, 2015

Have you had an annoying co-worker or known someone who had an annoying co-worker or have you been an annoying co-worker? I’m looking for ideas of things that annoy the snot out of you in an office environment. Think about the person who cooked smelly things in the microwave, and the co-worker who constantly  lectures you on nutrition or is selling Amway or whatever.

I’d love to hear your stories and ideas!


How to hire an employment lawyer

by Evil HR Lady on December 22, 2014

I frequently tell people it’s time to hire an attorney. For instance, I got an email from someone yesterday, who believes he’s been illegally terminated from the Philly school district. His assigned union rep is best buddies with the principal who fired him. There isn’t a blooming thing I can do from Switzerland about about that. That’s the type of thing you need a lawyer for. Me saying, “Gee, that sounds unfair!” won’t cut it. (And, given the level of corruption in Philadelphia, finding a trustworthy lawyer might be a bit difficult. If you are such a person, willing to battle this, let me know and I’ll give my reader your info.)

Anyway, sometimes you need a lawyer, whether it’s something simple like help with severance negotiation (which can sometimes be complex, but often is simple), or something complex like a sexual harassment case. But, contacting a lawyer can be a little scary. You don’t know what to expect. You may never have needed the services of an attorney before. Fortunately, Christopher McKinney, a Texas Employment lawyer, just wrote two posts about hiring an employment lawyer. If you need an employment lawyer now or might need one in the future, read this. Regardless, bookmark his posts for the future, when you  just might need an attorney.

1. How to Hire An Employment Lawyer. This tells you what to look for, that you’ll have to pay, and all about the questionnaire you’ll have to fill out.

2. Preparing for Your Initial Consultation With An Employment Lawyer. He’ll tell you what to bring and what to leave home and even how to dress. (Yes, it matters).

Seriously, read these articles. Embrace these. They will help you if you ever need an employment lawyer. It will save you time and money if you know what you need to do going in. Also, you can find an employment attorney at NELA.org. If there are other employee side employment attorney organizations, I’m happy to add them to this post.

Update: Daniel Schwartz has written an article for business owners/managers about when they should call an employment attorney. Read it here:
Three Times When You Should Call an Employment Lawyer


I’m interested in your thoughts and experience with the not for profit sector and Christmas. We know that while the skills to do non-profit work are usually high, the wages are often low. People accept this as par for the course of doing good work.

But usually the Christmas parties suck. Done on minimal, if any budget, it is hard not to be resentful. There is money for management to make trips across the country regularly and at short notice, but they can’t find $25 a head for 40 workers?

Is this plain mean-spirited or just the way it goes?

To read the answer, click here: Why Won’t a Nonprofit Provide a Christmas Party for Employees?