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How to Deal Live
Surviving Your Workplace

Lily Garcia
How to Deal columnist, washingtonpost.com
Tuesday, August 5, 2008 11:00 AM

Lily Garcia has offered employment law and human resources advice to companies of all sizes for more than 10 years. She takes reader questions and answers a selection weekly in her weekly How to Deal column for washingtonpost.com.

She comes online twice a month to answer your questions about human resources issues, workplace laws or just everyday workplace survival.

If you've got a workplace question and would like it to be featured in an upcoming How to Deal column, e-mail Lily at HRadvice@washingtonpost.com.

Find more career-related news and advice in our Jobs section.

The transcript follows.

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Lily Garcia: Good morning, and thank you for joining today's chat. I look forward to answering your career- and workplace-related questions. Let's get started.

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Reston, Va.: I know you get similar questions a lot so I apologize for asking it yet again. I took a new job about three months ago thinking that I wanted to transition back to a small business environment. Unfortunately, it's been a bad fit from the start and while much of it is the business, some of it is that I realize that I miss working for a large corporation. While I know I should try and stick it out for at least a year, I'd also like to send out a few resumes "just in case." My question is -- is there a tactful way to address my short tenure at my current position and why I am looking for a new job -- or should I not mention it? If it matters, I was at my previous job for a little over two years.

Lily Garcia: I don't think that you need to mention in your cover letter why you do not want to work for your current employer any longer. Just focus on explaining why you DO want to work for the prospective employer. At the interview stage, however, you should be prepared to answer questions about why you would like to leave.

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Washington, D.C.: I am currently interviewing with 3 different federal agencies. I am concerned that I will receive an offer from my third choice before I have a chance to hear back from the other two. How long can I tell them I need to think about an offer before the time frame becomes rude? Or can I ask for an offer in writing?

Lily Garcia: You can ask for the offer in writing, and you can ask them to keep it open for no more than two weeks. Even that would be pushing it. Most employers expect an answer within a few days. If you need to, you can always rescind your acceptance. That would not be ideal, but it may be what you need to do if one of your higher picks comes back with an offer.

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Washington, D.C. -- Arbitration Clauses: Can you offer some thoughts about whether mandatory arbitration clauses are enforceable in the District? What if an employer automatically includes the clause in every employment agreement (there is no negotiation?)

Lily Garcia: Sorry, I do not have expertise in this area. Does anyone out there have insights for this reader?

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Silver Spring, Md.: Hi Lily, I was hoping you can help me somehow. Here I go... unfortunately, I was a job hopper in the past. Now, I am trying to update my resume without it looking like a "job hopper's". Do you have any advice on how to spice up a resume even though I have held many positions in one year?

Lily Garcia: I would suggest grouping your professional experience under different functional headings instead of listing all of your jobs chronologically. For example, in a financial professional's resume one heading could be, "Financial Services Experience," and another could be, "Accounting and Auditing Experience."

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Centreville, Va.: Ms Garcia, my name is Devin McDonald and I have a question or two. I recently moved up to the D.C. area from Virginia Beach and I'm looking for employment. I have three years experience in private security and loss prevention but I don't want to make that my career. I was attending Tidewater Community College down in Virginia Beach, but I plan on attending NOVA college to continue my degree in criminal justice. I'm having trouble balancing school and a job. My question is how can I land a descent paying job in this area without a degree. Which areas or fields hire people of my status? Please respond, I would appreciate any advice and thank you for your time.

Lily Garcia: Short of waiting tables, I would recommend approaching a temporary staffing agency. They will typically not rule you out because of your lack of a degree. An agency recruiter will interview you, evaluate your skills, and place you in an apporpriate assignment. The pay may not be great, but you will end up having a variety of experiences that will round out your skills and give you access to professionals who could help your career further down the line. These temporary placements are also ideal for people, like you, who have limited availability and are struggling to balance work with other important obligations.

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Networking: Hi Lily, I would like to create a networking group for new people in my profession (adjunct college faculty.) How would you recommend I start organizing such a group?

Lily Garcia: Have you considered starting a Yahoo group? Then you could recruit members by word of mouth or through a professional or social networking site.

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Anonymous: Hi, a few weeks ago I left a job because of a clear conflict of interest, that the owner was aware of but had no plans on changing anything. Well, now they want me to sign some sort of confidentiality agreement. This isn't the first job I've left, but I've never been asked to sign anything when I have left -- if anything I'm asked to take care of things like this on day one. I can't see how signing any statement at this juncture would benefit me. If it were you, would you sign this? Thanks.

Lily Garcia: If I were you, I would read the agreement to make sure that I am not giving up any important rights (e.g., re-employment in a similar job at a different organization). I would also make sure that the agreement does not give your former employer any specific rights to monetary damages. If it does not hurt you in any way, I would go ahead and sign it as a gesture of good will so that you can maintain that past employer as a good reference.

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Washington, D.C.: I am currently a paralegal for a mid size firm in Washington, D.C. I have a B.A. in Sociology and a master's in Criminal Justice. I am seeking to transition into another career path. What steps do you suggest I take?

Lily Garcia: It all depends on what interests you. Are you looking to get out of the legal profession? It seems like law school would be a natural next step for you.

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Anonymous: My company has a comprehensive review process, and it involves talking to internal and external sources. For supervisors, the manager talks to that person's staff. My question is this: My supervisor is doing a great job in her own work -- even getting a new position because of it. She isn't doing so well at being a manager though. Last year I was asked to be one of the people her supervisor contacted, and so I spoke with him directly. (I wasn't comfortable writing my feedback as I'd never 'reviewed' a supervisor before.) Well, I have been asked for feedback again this year, and if anything I feel less comfortable now, as the situation has only gotten worse. Do you have any advice? Thanks for considering my question.

Lily Garcia: If your feedback last year was kept confidential, then what is the harm in sharing your views again? Especially if the situation has worsensed, it seems like speaking up would be advisable. For all you know, you supervisor's supervisor has been coaching her all year regarding her management skills. If she is not improving, then her supervisor needs to know so that she can take appropriate next steps.

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Detroit, Mich.: Hello Ms. Garcia, I was recently let go from a position after 2 months there. They felt it wasn't a "good fit" but said they would give me a good reference. I am revising my resume, and I would prefer not to put this position on it, since I was there for such a short period of time. However, I feel somewhat guilty lying about this in interviews, if asked what I have been doing for the past few months. Any ideas? Thank you.

Lily Garcia: That's a tough one. If you trust that they will honor their promise to provide a good reference, I don't see the harm in listing your last employer. A two month gap in employment is just as unflattering as a very short stint. So the question for you is, which do you feel most comfortable explaining? As well, wouldn't your employer-before-last tell a person calling for a reference that you left for another job? I am not so sure that there is a fool proof way to avoid being caught in the lie.

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Washington, D.C.: Hi Lily. I was recently offered a great job but couldn't accept because of the start date (I had a family obligation that really could not be rescheduled or avoided.) I made clear to HR my interest and she advised I contact her when I returned and was available because they would be hiring more people. Since then, I've called (and left a message) or emailed once a week but she has not responded. I'll assume this opportunity has passed but since I am truly interested in this position, do you have any advice that might motivate HR to at least return my call? Many thanks.

Lily Garcia: I would leave a voice message stating that you assume the opportunity has passed, but that you would be very grateful for confirmation since you were so excited about the position and you have put your job search on hold in anticipation of a possible offer. Basically, use a bit of guilt.

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Washington, D.C.: I am a new federal employee. I am finding it extremely difficult to fit into this "gov't worker" mentality. People call in sick all the time, just because they have the time. People slack all the time -- I didn't realize how true the stereotypes are. There are a few hard-working people here but the majority would be fired quickly if they ever had to get a job in the private sector.

Lily Garcia: Whether you are working in govenment or private sector, it is hard to stay motivated when you are not on a hardworking team. They best approach is not to try to "fit in," but rather keep doing good work and stick it out for as long as the benefits of the job outweigh its obvious drawbacks.

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Rochester, N.Y.: I am in a bad place in my position. One thing led to another and I was terminated. I am consulting a lawyer for advice on a severance package -- but feel my employee did some illegal things. How do I move on so this does not affect future re-employment? Help!

Lily Garcia: This is a great question for your lawyer. As part of your severance package, see if you can negotiate for a positive or neutral reference. Meanwhile, get started on your job search. That, more than anything, will help you to move on.

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Washington, D.C.: Hello, I work with a small team (3 people) so when one person slacks off, it seriously impacts us all. Lately, it has become evident that one team member is not fulfilling her duties out of lack of knowledge. She does not have the skills necessary to complete tasks assigned to her, so the weight of her tasks are often shifted to the other 2 people on our team. I'm talking basic Word functions (cut and paste), using a fax machine, or writing professionally (or responding to communication.) This has been brought up to management but no training opportunities have been presented. I honestly don't know how she stays employed without possessing the basic skills necessary to perform her job function. Again, management is aware of the situation and has failed to act. I'm near my wits end -- I can't do her job and mine. Please help me deal!

Lily Garcia: At the risk of sounding harsh, I am going to suggest that you and your colleagues allow this employee to fail. As long as you are picking up the slack for her, management is not going to fully appreciate the impact of her knowledge gap.

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Anonymous: In May of 2007, I applied for an Administrative Law Judge (ALJ) position with the federal government. I was determined to be eligible for an ALJ position and authorized to participate in a written examination and structured interview in July. In October I was placed on the current ALJ roster. In the application materials, candidates were required to identify geographic areas of consideration. As you might expect, life circumstances change and I'm now able to consider additional geographic areas where I would accept appointment. Unfortunately, OPM indicates that changes to geographic areas of consideration will not be allowed and that, to add or change geographic areas of consideration, a candidate has to wait until the next open vacancy period, i.e., apply anew. While I appreciate OPM's line of demarcation, I don't agree with part of it. I think it's unfortunate -- for both the federal government and the successful ALJ candidate -- that geographic areas of consideration cannot be added to a candidate's list (I understand the rationale for not allowing a candidate to subtract areas of consideration.) I appreciate your opinion and insight on this issue and am grateful for any information you can pass along. Thanks in advance.

Lily Garcia: I hear your frustration. I do not have any special insights on this process, unfortunately. What I can say is, if it is important enough to you that these additional geographic areas be added, then you might consider going through the (long) application process once more. I would also suggest that you try to find a federal ALJ who would be willing to share his or her perspective on the process. Best of luck.

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Silver Spring, Md.: I've been a consultant stationed at a lot of different offices in a lot of different agencies. The work ethic and standards vary quite a bit, from the slackness the other person described all the way to hypervigilant great workers. Management sets the standards!

Lily Garcia: Thank you for your insights.

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Alexandria, Va.: Hi Lily: I was wondering what your opinion is on freelancers and their ability to re-enter the office. I have had a few bad office experiences and have decided to freelance while mentally regrouping. I've always freelanced even w/full-time office work so I have projects. I'm just not sure how long I can freelance b/c the pay tends to be lower. Will I have trouble convincing future employers to "let me back in" when I need to return? I'm afraid it will look like I am only going to an office b/c I have to, which is how I feel.

Lily Garcia: If you have a solid portfolio and strong references, your application will be fine. It is commonplace in many industries -- especially the creative arts -- for people to make the transition in and out of freelance work and W2 employment. The important thing is that make a good case for why you want to go back "in house" and work for that particular employer.

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Manager feedback -- follow up: Ok - you make a good point that the supervisor might be working with her on her skills. But is it better to do this sort of thing in writing or in a conversation? I lean towards talking things out, but am concerned that then there's no record of what was said.

Lily Garcia: It is best to have a conversation.

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Feeling Unappreciated: Hi Lily -- I've worked for my present company for 2 years. I requested a market increase and was denied. I received a small bump instead. What ticks me off about this is that on a team of 3 people I've been The Go-To Person at crucial points in time, covering for underperforming co-worker, doing her job and mine when she was fired, and again covering for a co-worker who will be out for personal reasons. Needless to say, my resume is on every job search database I can think of. I've only had a few calls and one interview. I'm desperate to get out of here. Would it be worth it to have a professional look at my resume? I'm not applying for jobs out of my reach. These are jobs that I'm more than qualified for. Is a professional expensive? Thanks for your advice and if you can throw in some words of encouragement I'd appreciate that too.

Lily Garcia: It may comfort you to know that your story has been told many times before. Many employers seem to have a hard time appropriately rewarding and motivating, and, hence, retaining employees who make extraordinary contributions. A professional may be able to help with your resume, but I would not invest more than $200-300 in such sevices if I were you. Ask other professionals whose opinion you trust to review your application materials and be persistent. Remember that this is a slow job market. It might take time for you to find a better opportunity.

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NOVA: Please tell Devin McDonald to check out all his financial aid options at Northern Virginia Community College. He might even qualify for a work-study position that could help him balance college and work.

Lily Garcia: Thanks.

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Age question: I have an interview for a great job. I changed careers about six years ago, so I will be about 10 to 15 years older than the standard candidate. Unlike my previous two positions, I didn't get this through knowing someone who already works there. I'm worried about being a non-traditional candidate even though my application is strong.

Lily Garcia: I understand what you are saying. At a certain point in your career, it becomes more and more difficult to get a job without having an inside connection. I think that you should spin your added years of experience as a positive rather than allowing it to dampen your enthusiasm. Momentarily, I will post a link for you to an article I wrote about job searching when you are older. I am not sure of your exact age, but I think the general principles might be helpful to you nevertheless.

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Washington, D.C.: Thanks for the advice.

Lily Garcia: You're welcome.

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Detroit, Mich.: Hi Ms. Garcia, thanks for taking my earlier question. I should have given more information. I was at my previous position for 4 months, where I was laid off for financial reasons (they said it was not performance related.) Then I took the job where it was a "bad fit," where I was let go after 2 months. So my concern is that I look like a job hopper on my resume, when I'm really not. I feel comfortable explaining about the laid off position, since in this economy it's pretty common for that to happen, but I've never been let go/fired before and would prefer not to explain about it.

Lily Garcia: Based upon this additional information, I think it might be better if you do not list your most recent job.

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washingtonpost.com: Finding Work for Older Workers (Post, October 4, 2006)

Lily Garcia: Here is the promised link to the article about job searching as an older worker.

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RE: Detroit, Mich.: Why not ask the employer if they are okay with you putting it on your resume as a paid internship? You save face while being able to list the employer as a reference as well as use it to show your experience.

Lily Garcia: Interesting idea.

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Every job on resume: I read once that it's not always necessary to put a job on your resume if you had it less than 6 months. I have long tenure at most of my jobs - 5 years each at three companies. I have one 4-month stint that I left due to an abusive boss. I'd rather not list it in order to keep my resume to one page. It just feels a bit dishonest and I don't know how I would explain the gap without lying. Any thoughts?

Lily Garcia: Please refer to my earlier exchange with the reader who would prefer not to list his most recent four month stint. I don't think that, as a general rule, it would be a good idea to exclude all jobs that lasted less than six months. If there is a very good strategic reason for leaving off a position (as with the reader who would have ended up with two back-to-back short-term jobs on his resume), then do it. Otherwise, shrink your font, expand your margins, and leave the job in.

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Lily Garcia: This concludes today's chat. Thank you very much for your participation. If you would like to ask a question that I was unable to get to today, please feel free to email me at hradvice@washingtonpost.com. Have a great afternoon. -Lily

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