Feds sue Utah firms, seeking damages for 800 workers

Labor » Agency claims contracting companies willfully misclassified employees.

By Jennifer Napier-Pearce

| The Salt Lake Tribune

First Published Apr 11 2013 03:23 pm • Last Updated Apr 11 2013 09:15 pm

A Pleasant Grove-based contracting firm is in hot water again, this time with the feds.

The U.S. Department of Labor has filed a lawsuit against Universal Contracting LLC, along with three other Utah companies and their principals, for "willful violations" of the Fair Labor Standards Act, or FLSA.

 The suit contends that Universal Contracting and CSG Workforce Partners provided workers to two firms, Decorative Enterprises of American Fork and Mountain Builders based in Morgan, but classified the contractors as owners instead of employees. Cory Atkinson, Tracy Burnham and Ryan Pace are also named in the suit.

In a statement, Cynthia Watson, southwest regional administrator of the Wage and Hour Division, claimed the companies failed to maintain a record of work hours or to pay employees overtime, both required under FLSA. The suit seeks to recover unpaid overtime compensation and liquidated damages for more than 800 current and former laborers. The suit seeks to recover unpaid overtime compensation and liquidated damages for more than 800 current and former laborers.

"Universal Contracting, CSG Workforce Partners and their clients are intentionally skirting the law by willfully and wrongfully claiming that their workers are not employees because they are members or owners in a limited liability company," Watson said. "As demonstrated by this lawsuit, the department is vigorously pursuing corrective action in those situations where misclassified workers are actually employees, to ensure that they are paid required wages and to level the playing field for employers who play by the rules."

Under the FLSA, workers must be paid federal minimum wage plus time-and-a-half for hours worked beyond 40 per week.

Representatives of Universal Contracting did not respond to requests for comment.

The lawsuit comes a month after the Utah Construction Services Commission put Universal Contracting’s contractor license on probation for a year for failing to submit financial records on its 700 owners.

In addition to the lawsuit, the Labor Department also filed a preliminary injunction seeking to force Universal and CSG to immediately comply with overtime and record-keeping provisions

Original article found here.

Creating a Resume

According to recent Ladders.com research, the average time spent by a recruiter reading your resume is now just 6 seconds! So, if you are going to get yourself noticed, it is important that your resume is concise and highlights in the correct places the information that will get you a longer look and, hopefully, an interview. Make sure you create a resume designed specifically for the position for which you are expressing interest. This will take some effort and some thought. We will attempt to highlight some points where this is done subtly.

Style

With the high tech ability of today’s word processing or design programs, it is very tempting to use fancy schmancy fonts and colors and style templates. However, not only is this not necessary, it is often counter-productive. When constructing a resume, it is still best to use standard fonts such as courier, arial, times new roman, verdana, and other non-sans-serif fonts (fonts that do not have the small projecting features called “serifs" at the end of strokes). Avoid larger-sized fonts and highlight, if you must, with boldface or italics.

There are several different formats of resumes available to you and are largely dependent upon your level of experience or the type of field in which you are looking for a position.

The Chronological Resume

The Chronological Resume is likely the most common resume format. This type of resume usually contains an objective (passé) and/or career summary statement and a chronological listing (from most recent to past!) of all your employers along with related accomplishments. Educational information is included along with certifications and special skills.

This type of resume may be fine for someone who is experienced, but if you are switching careers or are just entering the workforce, this type of resume will most likely help you wind up in the "no" pile. The reason for this is the chronological resume will highlight your inexperience or the lack of relevance your work history might seemingly display to support your desire for a career change. So how do you showcase your talents if you can't lay them out like everyone else?

The Functional Resume

The Functional Resume takes some skill so make sure you take extra time and care in developing this resume. Functional resumes highlight your abilities, such as hiring, managing or coaching, rather than your chronological work history. You'll still need to summarize your work history, but this is usually done at the bottom of your resume well after the hiring manger is usually sold on bringing you in for an interview. This format is quite helpful for people

• With gaps in their work history.
• With frequent job changes.
• Looking to transition to new careers.
• Who are re-entering the workforce.

The reason this format is so helpful is that commonly we acquire transitional skills in our place of work that are appropriate for non-like jobs. For example, perhaps you worked in a retail or food service establishment where you were required to hire, interview, manage, coach, evaluate and/or terminate other employees. If you were to list “Mamma Jane’s Restaurant” in chronological order, the hiring manager looking for a supervisor in a non-retail situation might skip over that listing. In responding to an ad for the supervisor position, if you were instead to highlight these functions in an ordered way at the front of your resume, you may have a better chance of having this experience noticed.

Bulleted vs. Paragraph

A paragraph format is rarely a good option unless, possibly, if you are applying for a copywriting or newspaper or blogger position (even then, I would recommend writing samples rather than paragraphs on your resume). Remember that the hiring manager is only going to spend roughly six seconds on a resume on average. As soon as that hiring manager sees a paragraph-formatted resume and realizes you’ve sent him a reading assignment, your resume is going to quickly go either into the “no” pile or the “review later” pile. Just so we’re clear, the “review later” pile is the “No-in-training” pile.

Bullet-list your information. Whether using the chronological or functional resume, group your information concisely into bullet points. If using the chronological resume, format your company name, position, etc., and then bullet point your accomplishments and responsibilities below. If you are using the functional resume, you’re simply bullet-pointing your list of skills, responsibilities and accomplishments. Remember to remain grammatically consistent with your bullet points. It’s unnecessary to use complete sentences, but they should either all be complete sentences with periods at the end or none should be complete sentences but instead appear as a list of concisely-worded fragments. Ultimately, since you have all of six seconds to express yourself, I would recommend using the concisely-worded fragments.

How long should my resume be?

You have six seconds. The old standard was to never make your resume longer than one page. This is no longer the commonly accepted practice, but it is still not a good idea to make your resume longer than two pages. Nothing is more frustrating to a hiring manager or recruiter than receiving a monograph for a resume. From person experience as a recruiter, I can tell you that a seven page resume in paragraph format is going in the “’no’ pile” before even being scanned for content. I’m not looking for your autobiography. I’m looking through thirty resumes for the best fit and I have limited time and other things to do. So tell me what I need to know, please, and no more.

What software should I use?

If you are delivering or mailing your resume this isn’t very important. However, if you are emailing your resume or uploading it to a company website, it may be important to consider what file format you should use. On most company websites onto which you can upload your resume, they will tell you what formats are acceptable. But when sending your resume via email, it may be worthwhile to call the company and ask the receptionist or administrative assistant in what format you should send your resume. Typically speaking, Microsoft Word or PDF are your best bets. The newer versions of Word can open and read a resume created in Microsoft Works or saved as an .xps file, but it may alter your formatting. When in doubt, call and ask!

Content

So we have discussed style, but ultimately your resume is going to come down to content.

Objective vs. Summary or Headline

The current trend is moving away from the objective statement. This was an ingredient of the resume that most people did so poorly that it rendered it useless. Hiring managers began simply skipping over it altogether to get directly to the “meat” of resume.

The objective statement can, however, be effective if done properly. Remember our two most important criteria: You have six seconds and what do they want? If you are going to include an objective statement, keep it focused on what you can do for the company. Since this can be quite difficult to accomplish and since the objective often comes across as baloney and since the hiring manager is likely to skip over it anyway, it is probably better to go to a summary or headline.

The summary statement says in one succinct sentence who you are. “I am an accomplished certified public accountant with 12 years of experience.” Or simply a straightforward headline (not in sentence form): Accomplished CPA with 12 years of experience. If you are using a summary statement, go ahead and put the heading “Summary:” If you choose to use a headline, simply center-justify it without the heading “Headline.”

Company name vs. Position Title

Something you will want to consider when sending your resume is what is going to be most important to the hiring manager looking at your resume: where you worked or what you did. This is one of those subtle ways you will create your resume for the specific position for which you are applying.

Say you are sending your resume for a machinist position at Kelloggs and you have previously worked as a machinist at General Mills doing very similar work. In this instance, the typical left-formatted “name of company” in boldface with the position title next to it or below it would be a good idea. Nothing says “call this person” more than the competitor’s name in the work history!

In short, if you are applying for positions in the same or similar industry as your work history and are using a chronological resume, it is perfectly acceptable—and even recommended—to go ahead with the traditional highlighting of the name of your previous employers. For example:

Hartley Insurance—New York, NY                               May 2009 – February 2013 Property Insurance Adjuster Bullet point #1 Bullet point #2 Bullet point #3 The Smith Agency—Uniondale, NY                               June 2003 – April 2009 Property and Casualty Claims Manager Bullet point #1 Bullet point #2 Bullet point #3

However, if you are applying for a machinist position that is not necessarily in the same industry and the job posting indicates that the machining background is what is important, you may want to consider highlighting the position title instead. For example:

CNC Machinist                                                             May 2009 – February 2013 Hartley Tool & Die—Paramus, NJM Bullet point #1 Bullet point #2 Bullet point #3 Sheer Operator                                                             June 2003 – April 2009 Smith Metals—East Orange, NJ Bullet point #1 Bullet point #2 Bullet point #3

Again, the important point here is that you have six seconds to get the attention of the recruiter or hiring manager. What do you want them to quickly see in those in six seconds? It is important to think about this with every single resume you send out and to keep in mind, “what is going to be important to them?” For this reason, I would not recommend lining the dates along the left side of the page as I've seen some do. The dates are important, but they are not going to be what draws the initial attention of the hiring manager.

When creating your bullet lists, regardless of whether you are using a chronological resume or a functional resume, see if you can find some version of a job description for the job for which you are applying. It might be on the company’s career page on their website, or it may be posted on Indeed.com or Monster or CareerBuilder or other job board. Be careful not to lie, but make sure you use similar syntax. If the position calls for “must have experience with accounts payable/accounts receivable” and you have that experience, make sure to include:

• Responsible for maintaining accounts payable/accounts receivable using Peachtree 50
• Achieved 100% client compliance with our 30 day terms

The idea behind this is to make sure they see exactly what they are looking for.

If you are having difficulty remembering what exactly your responsibilities were in a position or if you cannot find a description of the job to which you are applying, try using www.onetonline.org. Simply type in your job title and the website will give you very generalized job descriptions. The idea is to jog your memory as to what you did previously so you can make sure to include it in your resume.

Avoid using terms like “worked” or “made” that say little. Focus on what the skill or responsibility accomplished. Instead of “sold pharmaceuticals” try “Increased sales of pharmaceuticals in my category/geographical area by 40% in the first year.” Instead of “worked on a band saw” try “Cut pine and cherry wood to client specifications using a band saw” or “Increased production of wood furniture materials by 25% operating Proxxon Micro Band Saw.”

Try to keep your bullet lists succinct, uniform, and always written with what the reader should be looking for in mind.

Which comes first, employment or education?

This is a question that is often asked, but the answer once again comes down to”What is going to be important to them?” What came first in the “requirements” portion of their job posting, “3-5 years experience” or “BS in Engineering?” It’s as good as any place to start in deciding which to list first in your resume.

The answer to this could also depend upon which is more relevant to the job to which you are applying. If you are responding to a posting of a Human Resources Assistant maybe your recent Bachelors Degree in Business Administration or Human Resources is more relevant than your positions at the local minit mart—even if you were responsible for hiring and firing and management at that minit mart.

You have six seconds. Which information is most imperative that the hiring manager sees?

Personal information, References, and Hobbies

Never—and I cannot stress this enough—never put personal information like gender, age, marital status, number of children, ethnic background, or anything of that nature on your resume! Just for emphasis: never do this! First of all, it is rarely relevant to the position. Secondly, this is protected information, so don’t give it up willy-nilly. Because it is protected information, including it places the hiring manager in an awkward and unwanted position. Thirdly, you have six seconds, so keep the information on your resume to information that gets you the interview, not information that may give someone a reason to eliminate you.

Mention hobbies or “special interests” only if they are relevant to the position for which you are applying. Typically, hobbies and special interests are resume-fillers and largely unnecessary, if not counterproductive. However, if you are applying for an assembly position at a wood furniture manufacturer and you thoroughly enjoy puttering around in your woodshop in your garage, it may not be a horrible idea to include it in the special interest or hobby section (I would not recommend the phrase “puttering around”). Otherwise, skip this altogether. Don’t forget: You have six seconds!

Never put references on your resume. The idea is to get the interview first. Give yourself the opportunity to sell yourself before giving the hiring manager the chance to default to “word of mouth” no matter how good that word of mouth might be. It was once common practice to include the phrase “References available upon request” at the bottom of the resume. Well, no kidding! Who is going to say “no way” when a prospective employer asks them for references? It’s a waste of space and has become passé. I would recommend not including any mention of references on your resume. This includes the name and number of previous supervisors that some people like to include in their previous employment listings. Leave all of this information for after the first interview.

Grammar and Spelling

Yes, grammar and spelling do count! Very little will kill an otherwise good resume quicker than grammar and spelling mistakes. Most word processing programs are equipped with a spell-checker and a grammar-checker. This is a nice place to start, but I would not recommend stopping there. Spell-checker will rarely catch everything and mistakes like “your” and “you’re” or “collage” instead of “college” (please don’t misspell “college” on your resume!) will not be flagged. Proof-read your resume no less than three times and have someone else review it for mistakes as well. Remain consistent with grammar.

• If you’re using full sentence structure on your job description bullet lists, make sure all of the bullet points are full sentences.
• If you are capitalizing the first word in each of your bullet points, make sure to remain consistent and capitalize every first word.
• If you have decided to bold face company names and italicize position titles, remain consistent. You also want to remember to match this style when it comes to your employment history (i.e., boldfaced company name becomes boldfaced school name and italicized position title becomes italicized major/degree).

Finally, always tell the truth on your resume! There are an increasing number of services that make it progressively easier and cheaper to verify the information you include on your resume. The best that could happen is that the prospective employer finds out prior to or even after the interview and you are eliminated from consideration. Worse yet is the possibility the truth is unearthed after you begin employment and face the embarrassment of losing that new job as a result. Tell the truth. There are very good ways of making the truth sound better than you might think it is than creating an alternate reality.

Remember to keep your resume clean and concise and remember to focus your resume to give the hiring manager the information he or she wants quickly; you only have six seconds. Go!

The Cover Letter

Don't Forget The Cover Letter!

When you have found a position for which you think you are suitable, it’s time to send a resume. Always send a cover letter with your resume. Never, and we mean Never, send a resume without one. We receive many resumes without one and sometimes it difficult to determine which popsition the candidate is responding to. A cover letter can make or break your chances, so if you’re unsure, there are several good resources online. Follow the examples, but make sure each letter you send is original and unique for each employer.

• Make sure the cover letter is on the same type of paper as your resume and uses a font face and size that matches your resume so that they are cohesive and consistent.
• Make sure to address your letter to the hiring individual. You may need to call the company and explain to the receptionist that you are sending your resume for the open accounts receivable position and ask to whom you should address your cover letter.
• If responding to a blind box ad, try to avoid such gender-specific salutations as “Dear sirs” or “Dear Gentlemen.” In such cases, “Dear Hiring Manager” is a better option.
• Make sure in your cover letter to let the reader know which position you are responding to. It is not necessary for your chances, but it might also be good to let the reader know how or where you learned of the position (i.e., "I am responding to the position of business analyst advertised on Indeed.com")
• Use simple language and uncomplicated sentences to answer the question, “why should I hire you?” NEVER make your letter longer than one page, and keep it well under a full page if possible.
• Always make certain to proof-read your letter and use spell-checker. Nothing says “’no’ pile” like a cover letter with typos, poor grammar, or misspellings (for example, “college” does NOT have an “a” in it).
• Be proactive and ask for an interview. Let the reader know you will be following up and when and then actually follow up.
• This is often forgotten because you would think the fact you're bothering to send a letter and resume that it would be implied, but don't forget to express that you are very much interested in the position
!

Follow these steps and get yourself noticed!

The Art of the Career Fair

Having attended many career fairs over the years as a recruiter, I’ve seen many different styles and many different approaches job seekers have used.  I thought I’d share my take on what works and what does not work.

The DOs.

Just like a traditional job interview, it is important to do as much homework as possible before arriving at the career fair.  Don’t just roll out of bed one morning and say to yourself, “eh, what the heck.  The View is a repeat today, so I think I’ll go to the job fair at the local community college.”

When you become aware there is a local career fair scheduled, see if you can find out ahead of time what companies will be presenting.  Usually, if it is being presented by a college or a government agency, they will post on their website what companies will be presenting.

Get yourself a spiral notebook or steno pad or something on which to take notes that you will take with you and refer to at the career fair. If you want to look really good, take a day planner.

Decide what companies with whom you most want to speak.  Maybe there are five to ten companies for whom you are really interested in working.  Get online—most public libraries have computers free to public use if you don’t have one—and research these companies ahead of time.  Go directly to that company’s website and read not just the index (home) page, but look for the “about us” page and their career page.  Learn as much about them as you can.

Create resumes geared specifically for these companies.  Because you’ve made company-specific resumes, be careful to give the correct resume to each.  Also make sure to take plenty of “generic” resumes as well, because they, too, will come in handy.

Dedicate one or maybe two pages of your notebook to each company.  Figure out specific questions you will want to ask the representative about their company.  It’s important that these questions be open-ended rather than yes/no and the questions should, at this point, be about the company rather than positions.  Get them talking about their company.  Make them feel like they are auditioning for you rather than the other way around.  Sound empathetic to what they are saying and maintain eye contact.  Do not ask questions like “what are you hiring for?” or silly questions like “what does your company do?”

The questions you ask the representative should indicate some knowledge of and interest in their company.  “I understand that you make plastic bags.  That’s cool.  That must be recession-proof, huh?”  This has a hint of self-awareness but usually will be received with some humor.  Obviously this is a random example, but the point is that you'll want to plan ahead for your opening statement and question. Wait for them to acknowledge or answer the question.  Then ask “What does that process look like?” or "What does the sales cycle look like?" or a similarly-spirited question that fits the type of position you are seeking.  Wait and listen closely to the answer.  Then bring the company back to you.  “I’m trained to do XYZ.  How do you think that would help your company?”  They may flatly say that it doesn't.  But in that case you haven’t wasted either your time or theirs.  Furthermore, it is unlikely this will be the answer.  It is important here that you ask “How do you think that help your company?” and not “Would this help your company?”  This seems like a very subtle difference, but it is a tried and true sales technique.  In this instance, you are asking them to think of how you could help rather than whether you could help.  First, it is likely to eliminate a simple yes or no answer and will get them talking.  Secondly, it implies an assumption on your part that you can help and you are simply asking what that help would look like.  You should pay very close attention to the answers to all of these questions because they should inspire easy and obvious follow-up questions.  The idea is to keep them talking and to get them thinking about how you would fit in rather than if you would fit.

If the career fair sponsor has a list of the vendors on the website, they may also include information like name and title and email of whomever will be there from the company. If you want to be really creative, look these people up on LinkedIn.com.  If you don't have an account with LinkedIn (www.linkedin.com) it is free and fairly painless to create one. When researching the representative on LinkedIn, take note of how long the representative has been with the company; where they worked previously, what school they attended, etc.  You are looking for anything that might be helpful to make a personal connection with the recruiter. Make sure to note this in your notebook and glance at your notes before going to a booth (you obviously won't remember all these details about everyone). I would not walk up to the booth and say, "hey, i understand you went to Villanova University. The Wildcats are awesome!" But if Villanova is something you can connect with on a personal level, sneakily ask, "how much did your schooling help you with this company?" Wait. They might give up Villanova in the answer. If not, it is perfectly acceptable to then ask "do you mind my asking? Where did you go to school?" I promise they will answer. Now you can go in with your anecdote or personal connection. DO NOT FAKE IT. They will almost assuredly know. "Oh, Villanova? I grew up near there. In fact, I used to ice skate at Radnor before they turned it into a roller skating rink and now a strip mall."  You can try the same thing with a previous employer, but this is a little more tricky, so use this one with caution. If you or someone you know well also worked there or still does it might be worth the mention.  Otherwise, the school thing will be received a lot better. “Oh, you worked at Hostess? Man I love Twinkies!” probably will not get you very far.

Honestly--and trust me when I tell you this is from personal experience--the biggest thing you're fighting against at a career fair is the sheer boredom of the representative. The recruiter has either been there for several hours or they are looking at several hours more. If you get them talking they will feel like they are actually having a conversation with someone and not regurgitating the answer to the "what do you do?" question they've answered many more times than they care to. If you have planned ahead exactly who you want to talk to, see if they have a room diagram when you get there. Whether they do or don't (if they do, this becomes easier) shoot ahead of the pack. If you are there right when it starts (always better than arriving later), there is usually a horde of people walking in one entrance and the vendors in the first aisle or first area get everyone and the people further into the room get to sit or stand there and watch people filter through. Move quickly through the masses and go to the opposite side of the room and work your way back. You will likely have the attention of these people without competition for awhile. Also, once the press of people has made their way through, the people at the front are now bored for the next couple hours. By working your way backward, you will reach the front of the room by the time those people will be quite happy to have someone to talk to again.

Once you have made your way through the room to talk with the specific companies on your list, it is now time to go back through to talk to your “B list” companies. These will be companies that did not jump out to you on the vendor list but may still be worth talking to.  Because they were not companies you necessarily researched you will not have the same intel, but some of the strategies will still work.  Remember to try to make them talk because at this point in the day, they will likely be hungry to do so.  This will be when your “generic” resume will come in handy.

Before arriving, make sure to dress for success.  This seems like a common sense statement, but you would be surprised by how many people attend a career fair to speak to potential hiring managers yet look like they just climbed out of bed or came straight from the gym.  Dressing appropriately not only shows some respect for the situation and for the recruiter, it displays a certain amount of respect for one’s self.  You don’t necessarily need a three-piece suit (although this will definitely make an impression), but you should look professional.

When it comes time to offer the recruiter your resume, give a hard copy and briefly offer one or two highlights.  If you can, stand next to them holding it and point to what you’re highlighting, then surrender the paper.  Make sure to ask if there is an email address you can send another copy to later. Trust me, the recruiter has received quite a few resumes at the job fair and yours is likely going into a folder or a job fair box.  You want to make sure they get another look.   This is very important:  don't forget to actually send one! Also make sure to ask if there is anything additional necessary to apply—an online application on the company website; should you call to make an appointment; is there someone else to whom the recruiter would recommend you copy your resume email;  etc.   When you send the resume email, reference not only having met them but reference something they talked about (i.e., "I was really impressed with your explanation of how you make widgets and I think my skills would not only fit in, but I think I could help improve not only the process but the result.") Remember to thank them not just for their time at the job fair but for the terrific and helpful information. In your email, be sure to ask for permission for a specific time about a week out from the email that you can follow up. If that permission is granted, make sure to actually follow-up, either by email or by phone.

The DON’Ts

Don’t go unprepared.  If you do, you will blend in with the hundreds of other people there. This is basically a one minute date, so you want to be remembered.  The best way to do this is get them talking.  They will remember that you gave them someone to talk to for a little while and they will be more likely to remember your name and face.
Don’t give them any reason to think you don’t care.  This is accomplished by dressing inappropriately and asking inane questions like “what do you do?”  Make them believe you care.

Many of the vendors will have “gift” items on their table.  It is important not to look like you are there just to do some office supply shopping.  Buy your own pens!  Feel free to look at the items and if they have mugs or pens or something with their website or phone number, ask if you may take one “as reference.”

Try your best to refrain from the statement, “I really need a job.”  There is so much wrong with this simple little statement, and will most likely rule you out with the savvy recruiter.  Whether they consciously realize it or not, nearly every recruiter bristles at the statement because they know at some level that the number of times this statement is made is inversely proportionate to the chance that the candidate is actually suited for the position. In my own experience, by the third time a candidate says the phrase “I really need a job,” that person is completely wrong for the job and will not work out.  The statement is horribly counterproductive, serves only to put the recruiter on the defensive, and should be avoided at all costs.

The career fair is a tricky enterprise, but it comes down to three basic concepts:

• Preparation
• Strategy
• Execution

If you follow the above advice, you will greatly improve the chances of a successful experience.

Good luck!

Ted Taylor, SPHR, CSP

Obama Win Assures Survival of Health Care Reform

Original Article  American Staffing Association (11/07/12) Ed Lenz


President Obama's decisive victory in the 2012 presidential election means that few, if any, major policy shifts are likely to occur in the next four years. A key question is whether the federal government can produce any significant accomplishments during that time. This will largely depend on whether the president can forge a consensus with Republicans in Congress following one of the most contentious political campaigns in recent memory.

An immediate test for all parties will be to address the daunting economic and political challenges presented by the "fiscal cliff," which calls for automatic steep tax increases and across-the-board spending cuts beginning Jan. 1, 2013, unless a compromise is reached. If the issues can't be resolved in the upcoming lame duck session of Congress, they surely will dominate the legislative agenda in the early months of the president's second term.

Although Republicans had expected to gain seats in the Senate, perhaps even regain the majority, they may actually lose ground. Republicans picked up a seat in Nebraska but lost seats previously held in Indiana, Maine, and Massachusetts which would mean a net loss of two seats unless Democrats lose in Montana and North Dakota. The Democratic candidates were leading in those states as of Tuesday night, but the races were still too close to call. If they hold those seats, Democrats will control the Senate by a margin of 55 to 45, including independents Bernie Sanders of Vermont who always votes with the Democrats and newly elected Angus King of Maine who is expected to do so. However, Republicans maintained their majority in the House, which means that congressional gridlock looms, on the fiscal cliff and other issues, unless lawmakers can find a way to bridge their differences. Given the dire economic consequences of failure, compromise is likely—but the precise contours of an agreement are impossible to predict.

One thing is clear: Implementation of the Affordable Care Act will move forward. For employers, this means that, effective Jan. 1, 2014, they will have to either offer qualified health insurance to their full-time employees or pay penalties if even one employee receives government assistance to buy health coverage through a state health exchange. Fortunately, ASA and its coalition allies were successful in persuading the Obama administration to allow employers with "variable hour" employees to use a "look-back" period of up to 12 months to determine whether those employees have worked full-time for purposes of offering health coverage or paying penalties. The look-back is expected to substantially reduce staffing firms' exposure to penalties for their temporary employees.

Although the nation's attention has been riveted by the presidential and congressional races, key elections held across the country at the state level could significantly affect businesses. Most of the adverse legislation aimed at staffing firms, historically, has come from the states. ASA will examine the implications of those elections and will report on the regulatory challenges they could present for the staffing industry in 2013 and beyond.

Virginia Supreme Court ruling extends wrongful discharge liability to individuals

Williams Mullen Heath H. Galloway and Reba Mendoza USA
Original Article

November 6 2012

On November 1, 2012, the Virginia Supreme Court, addressing a question of law certified by the United States Court of Appeals for the Fourth Circuit, held that individuals such as supervisors and managers who participate in the firing of an employee can be subject to tort liability for wrongful discharge. In doing so, the court effectively extended liability for wrongful discharge to non-employers. The court ruled that allowing such personal liability was consistent with the principles of tort liability and that the decision was in furtherance of public policy.

The underlying suit, VanBuren v. Grubb, 471 Fed. Appx. 228 (4th Cir. 2012), was filed by Angela VanBuren against Virginia Highlands Orthopedic Spine Center, LLC (“Virginia Highlands”) and Dr. Stephen Grubb. VanBuren was employed as a nurse by Virginia Highlands from December 2003 to March 2008. VanBuren alleged that, throughout her employment with Virginia Highlands, she was subjected to “offensive” and “unwelcome” sexual harassment by her supervisor and Virginia Highlands’ owner, Dr. Grubb. VanBuren also alleged that when she refused to leave her husband and engage in an adulterous relationship with Dr. Grubb, she was terminated. VanBuren sued, claiming that Virginia Highlands engaged in gender discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.§§2000e-2(a) and 2000e-3(a). VanBuren also brought wrongful discharge claims against both Virginia Highlands and Dr. Grubb under Virginia law. Virginia recognizes a narrow public policy exception to its stringent employment at-will doctrine and allows an individual to bring a wrongful termination claim if he or she was fired for, among other things, refusing to engage in an act made criminal under Virginia law. VanBuren claimed that she was terminated because she refused to engage in the criminal acts of adultery and open and gross lewdness and lasciviousness.
The United States District Court for the Western District of Virginia dismissed the wrongful discharge claim against Dr. Grubb, stating that such claims cannot be sustained against supervisors and co-workers, but are limited to the actual employer. On appeal, the Fourth Circuit determined that the Supreme Court of Virginia had not squarely addressed the issue of whether a non-employer may be held liable for wrongful discharge under Virginia law. Thus, the federal court certified the question to the Supreme Court of Virginia.

In a 4-3 opinion, the Supreme Court of Virginia held that an employee can maintain a wrongful discharge claim against a non-employer, such as a supervisor or manager, when such individual acts in violation of certain Virginia public policies and participates in the termination of the employee. In the majority opinion, Justice Millette emphasized that wrongful discharge is a tort claim and not a contract claim. In tort actions, the majority reasoned, individuals are responsible for their own torts, even when individuals are agents acting on behalf of their employers. The court defined the tortious act in a wrongful termination claim as stemming from the wrongful reasons behind the termination and not the mere act of termination itself. Thus, when the tortious reasons behind the discharge arise from the unlawful actions of the individual effecting the discharge, such individual should share in the liability. Moreover, the majority noted that its holding was in furtherance of public policy because the purpose behind the wrongful discharge exception to the employment at-will doctrine is to prevent individuals from discharging employees in violation of public policy. The majority concluded that this intention is best effectuated when employees have a cause of action against the individual in the position of power in addition to the employer. The majority held that limiting liability to the employer is not sufficient to deter wrongful discharge. Notably, the majority acknowledged that its decision to recognize this cause of action could have a chilling effect on supervisors who seek to discharge at-will employees for legitimate reasons. However, the majority argued that the limited nature of the cause of action provides sufficient protection against the abuse of this cause of action. Specifically, the tort of wrongful discharge continues to be a narrow exception to the employment at-will doctrine, and individual liability under a wrongful discharge claim is limited to situations where the individual’s personal actions violate the public policy.

This ruling will likely spur an increase in wrongful discharge claims against individual defendants. At the very least, employers should expect to see individual supervisors named in most employment discrimination cases. In addition, and notwithstanding Justice Millette’s assurances, this ruling will undoubtedly cause supervisors considerable angst when considering a legitimate termination decision. Thus, this is an excellent opportunity to review employment policies with pertinent managers and supervisors to ensure compliance with such policies, and thereby reduce both employer and individual liability under wrongful termination claims. It may also be prudent for employers to provide supervisors and managers with additional training and/or limit the ability of these individuals to make discharge decisions

WHO IS YOUR EMPLOYER FOR WORKERS’ COMPENSATION BENEFITS

In the current labor market, many employees are placed in employment through temporary agencies. There are many agencies in the local market including Labor Ready, Inc., and Manpower. If an employee is injured on the job that they have been placed into by a temporary agency, a question arises as to who is their employer. A recent Pennsylvania Superior Court decision was issued explaining this relationship.

In Black v. Labor Ready, Inc., et al., the Pennsylvania Superior Court made a determination that a temporary agency was the employer of an injured worker who had been placed to work at Williamsport Steel Container, Inc., where she was injured. The Plaintiff was injured when she was working on a punch press machine in the factory of Williamsport Steel Container, Inc., when the machine descended on the Plaintiff’s hand, amputating it. The Plaintiff filed a workers’ compensation claim against both Labor Ready, Inc., the temporary agency, and also Williamsport Steel Container, Inc.. The matter was assigned to a workers’ compensation judge for disposition. The Defendant, Williamsport Steel Container, Inc., filed an answer to the Plaintiff’s petition alleging that it was not her employer and, rather, that Labor Ready, Inc., was the Plaintiff’s employer. The workers’ compensation judge decided that the temporary agency was, in fact, the Plaintiff’s employer. Subsequently, the Plaintiff filed a civil law suit against Williamsport Steel Container, Inc., alleging that she was injured due to their negligence in the maintenance of the punch press machine. In response to that complaint, Williamsport Steel Container, Inc., changed its position and filed a Motion for Summary Judgment attempting to dismiss the Plaintiff’s claim. In the Motion, Williamsport Steel argued that it was the Plaintiff’s employer and as such she was barred from pursuing any civil law suit against it, because her exclusive remedy was the Workers’ Compensation Act.

The workers’ compensation law and the law of the Commonwealth of Pennsylvania clearly states that:
Where an employee’s injury is compensable under the Workers’ Compensation Act, the compensation provided by the statute is the employee’s exclusive remedy against his or her employer. Thus, an injured employee cannot maintain a tort action against his or her employer if the injury is compensable under the provisions of the Act.

Albright v. Fagan, 671 A.2d 760 762 (Pa. Super. 1996).

The Pennsylvania Superior Court then looked into the apparent inconsistent positions that Williamsport Steel had taken in this particular situation. The Pennsylvania Supreme Court has specifically held that as a general rule, a party to an action is estopped from assuming a position inconsistent with his or her assertion in a previous action, if his or her contention was successfully maintained. In re, adoption of S.A.J., 575 Pa. 624, 631, 838 A.2d 616, 620 (2003).

In Black, the Superior Court specifically held that an employer, in this matter Williamsport Steel Container, Inc., could not maintain an inconsistent position. Thus, its previous answer in the workers’ compensation claim, specifically denying the Plaintiff was an employee, barred Williamsport Steel from raising the contention that she was their employee in the civil lawsuit. As such, the Plaintiff was permitted to pursue a civil action against the business where she was placed by the temporary agency. This decision is important, as it potentially expands the rights of injured parties to seek redress for their injuries, and more clearly define the employer-employee relationship in situations involving temporary agencies.
Original site:  http://www.law-aca.com

TAKE AWAY:  Three things, as an employer, to keep in mind when working with a staffing agency:

1) Make sure that the contract you are signing with the staffing agency specifically addresses who is responsible for workers' compensation.  Ideally, you should expect and demand wording to the effect that "staffing agency is responsible for managing and paying workers' compensation claims arising from the client work place."

2) Make sure the staffing agency has--in either its policies and procedures or its employee handbook--a statement regarding the co-employment nature of the placement and that workers' compensation is the sole responsibility of the staffing agency.   The staffing agency should want to comply with both points one and two as it should protect them from civil lawsuits as described in Black.  Points one and two also provide some protection in front of a workers' comp judge, as in the case of the first suit referenced in Black.

3) If you do find yourself faced with the circumstances described in the workers' comp case, consult your attorney (I am not an attorney and should not be considered a substitute).  Avoid a defense in which you claim to not be the employer.  Instead, defend yourself that you are a "co-employer" but that the staffing agency is ultimately responsible for workers' comp claims (and then present your handy-dandy contract referenced above).  The co-employment status should present significant protection against the subsequent civil lawsuit.

Can an employer be sued for commuting accidents?

Apparently, yes.  If you, as employer, are aware that an employee is ill or impaired at work, particularly due to something at work (exposure to chemical, long overtime hours, etc.), you could be found liable for any accidents they cause on the way home!

Typically, an employer is not liable for its employee's actions during their typical trip to and from work.  But be careful with this commonly held "rule," as there can be exceptions. 

Recent Case:  Bussard v. Minimed Inc.

On March 22, 2000, Minimed hired a pest control company to spray pesticide overnight to eliminate fleas at respondent's facility. Around 7:00 a.m. the next day, Minimed clerical employee Irma Hernandez arrived for work. She noticed a funny smell similar to "Raid." By 10 o'clock, she felt ill, with a headache, nausea, and tightness in her chest. At noon, she told two supervisors she did not feel well enough to continue working and wanted to go home. One supervisor offered to send her to the company doctor, but Hernandez declined the offer, while another supervisor asked whether she felt well enough to drive home, and she said yes. (Eventually, nine workers went home early feeling ill and 22 employees sought medical care either that day or later for their exposure to the pesticide.)

Hernandez drove home shortly after noon. While in route, she rear ended appellant Barbara Bussard, who was stopped at a red light. Hernandez told the police officer who responded to the accident scene that she had felt dizzy and lightheaded before the accident.

Bussard sued Hernandez and Minimed alleging a single cause of action for negligence for her personal injuries and property damage. She claimed Minimed was vicariously liable as Hernandez's employer under the doctrine of respondeat superior because Hernandez was acting within the course and scope of her employment when she was driving home ill from pesticide exposure.

Minimed moved for summary judgment. It argued the "going-and-coming" rule meant Hernandez was not within the course and scope of her employment during her commute home. Accordingly, it should not be held vicariously liable under respondeat superior.

The court agreed. It noted the pesticide had not incapacitated Hernandez to the point of rendering her irrational. Thus, her exposure to it did not justify disregarding the going-and-coming rule to make respondent vicariously liable for her as she drove home sick. This appeal followed.

Upon appeal, this summary judgment was reversed and the case permitted to go to trial.

The court, after appeal, then ruled  that despite the traditional “going-and-coming” rule shielding employer liability for an employee’s actions during his or her commute, where an employee’s job contributes to an accident, and such accident is foreseeable as a result of the circumstances, any resulting losses can be fairly attributable to employer’s business.

When  an employee endangers others with a risk arising from or related to work (“in the context of the particular enterprise an employee’s conduct is not so unusual or startling that it would seem unfair to include the loss resulting from it among other costs of the employer’s business”).

Consequently, Hernandez was essentially an “instrumentality of danger” after suffering pesticide exposure at work, and the fact that she may not be fit to drive was a foreseeable consequence of the use of the pesticide. Defendant is vicariously liable here, regardless of whether Defendant bore any responsibility for Hernandez’s exposure and subsequent negligent driving, and the fact that Defendant asked Hernandez whether she was fit to drive does not shield it from liability. Just like in cases where an employer is liable for actions of a drunken employee, regardless of whether the employer is responsible for the employee’s drinking

Take Away

Pay attention to any illness or injury complaints that could be related to work.  Be proactive. Provide transportation to medical care or home. Do the same in other cases where driving might be impaired: after a particularly long late-night day due to overtime, or where alcohol has been served.  Keep this ruling in mind when an employee has failed a drug screen.  Going the extra mile and calling a cap or emergency contact could save you down the road. 

After a bogus jobseeker used an interview to sexually assault a staffing agency's manager...

CLEVELAND (CN) - After a bogus jobseeker used an interview to sexually assault a staffing agency's manager, the company told her not to file a worker's comp claim because "it was trying to lower its premiums," the former manager claims in court. A.M. sued Shamrock Staffing, of Bedford, in Cuyahoga County Court. She says she worked for Shamrock from 2010 to 2012, first as a receptionist, then as office manager.

Full Story at Courthouse News Service

WANTED: CLIENT SERVICES REPRESENTATIVE

Job Description

This is a full-time full-cycle client services representative in a start-up department for a well-established nationwide apparell company.

Incumbent will be responsible for the full-cycle care of the business client from consultation, sale, production, quality, shipment, satisfaction, to ongoing relationship with the client.

• Contact new and existing customers to discuss their needs, and to explain how these needs could be met by specific products and services.
• Answer customers' questions about products, prices, availability, or credit terms.
• Quote prices, credit terms, or other bid specifications.
• Emphasize product features based on analyses of customers' needs and on technical knowledge of product capabilities and limitations.
• Negotiate prices or terms of sales or service agreements.
• Maintain customer records, using automated systems.
• Prepare sales contracts for orders obtained, and submit orders for processing.
• Select the correct products or assist customers in making product selections, based on customers' needs, product specifications, and applicable regulations.
• Collaborate with colleagues to exchange information, such as selling strategies or marketing information

Job Requirements

3-5 Years experience in full-cycle customer/client services with customer-types such as department stores or specialty stores such as Macys, Penneys, Walmart, Target, Victorias Secret, etc.

Apparel industry background a definite plus.

Looking for someone with a go-getter attitude who is willing to be part of a start-up department, willing to make suggestions, full of ideas.

Apply Now

WANTED: CNC PROGRAMMER / MACHINIST

CNC PROGRAMMER POSITION SUMMARY: 

Operate and program computer numerical control machines to fabricate parts. Loads parts in machine, cycles machine, detects malfunctions in machine operations such as worn or damaged cutting tools. Run production lots, communicate with co-workers regarding productions runs, and maintains safe, organized and clean work environment.


CNC PROGRAMMER RESPONSIBILITIES/DUTIES:

1. Perform typical machine shop operations.
2. Detect and report defective materials or questionable conditions to management or designee.
3. Maintain work area and equipment in a clean orderly condition and follows prescribed safety procedures.
4. Must be able to perform, but not limited to, the following tasks: milling, turning, drilling, tapping, de-burring, sawing and sanding.
5. Perform inspection of machined products (including documentation of results).
6. Complete and maintain paperwork for parts.
7. Assist in other work areas, including but not limited to, perform fabrication, lay-up, infiltration, furnace operation and sand blasting.
8. Perform all other duties, as assigned.

CNC PROGRAMMER MINIMUM EDUCATION REQUIRED: High School Diploma or graduation from certified technical school. Associates degree a definite plus.

YEARS OF EXPERIENCE DESIRED FOR CNC PROGRAMMER:

• CNC PROGRAMMER – Minimum 3 year of related experience
• CNC MACHINIST – Minimum 2 years of related experience

SPECIFIC KNOWLEDGE, SKILLS, LICENSES, CERTIFICATIONS, ETC:

• Must have working command of the English language, and be able to communicate orally and in writing (basic oral instructions, simple written memos and instructions).
• Must be able to read and interpret drawings, follow routers, use simple math to perform basic calculations, and use basic hand held measuring tools.

Apply Now

WANTED: SHIPPING CLERK

Job Description

Shipping Clerk

Examine contents and compare with records, such as manifests, invoices, or orders, to verify accuracy of incoming or outgoing shipment.

Prepare documents, such as work orders, bills of lading, or shipping orders, to route materials.

Record shipment data, such as weight, charges, space availability, damages, or discrepancies for reporting, accounting, or recordkeeping purposes.

Determine shipping method for materials, using knowledge of shipping procedures, routes, and rates.

Deliver or route materials to departments, using work devices, such as handtruck, conveyor, or sorting bins.

Pack, seal, label, and affix postage to prepare materials for shipping, using work devices such as hand tools, power tools, and postage meter.

Confer or correspond with establishment representatives to rectify problems, such as damages, shortages, or nonconformance to specifications.

Requisition and store shipping materials and supplies to maintain inventory of stock.

Contact carrier representatives to make arrangements or to issue instructions for shipping and delivery of materials.

Compute amounts, such as space available, shipping, storage, or demurrage charges, using computer or price list.

Job Requirements

• 3-5 years shipping experience.
• High School Diploma/GED
• Familiarity with FEDEX shipping
• Steel-toe shoes

Apply Here for Shipping Clerk

WANTED: PURCHASING CLERK

PURCHASING
Responsibilities

• Prepare purchase orders, solicit bid proposals, and review requisitions for goods and services.
• Interview vendors and visit suppliers' plants and distribution centers to examine and learn about products, services, and prices.
• Monitor and follow applicable laws and regulations.
• Attend meetings, trade shows, conferences, conventions, and seminars to network with people in other purchasing departments.
• Research and evaluate suppliers based on price, quality, selection, service, support, availability, reliability, production and distribution capabilities, and the supplier's reputation and history.
• Confer with staff, users, and vendors to discuss defective or unacceptable goods or services and determine corrective action.
• Evaluate and monitor contract performance to ensure compliance with contractual obligations and to determine need for changes.
• Maintain and review computerized or manual records of items purchased, costs, deliveries, product performance, and inventories.
• Arrange the payment of duty and freight charges.
• Analyze price proposals, financial reports, and other data and information to determine reasonable prices

Job Requirements

High School Diploma or equivalency required. Associates or higher preferred.
Computer aptitude. Some spreadsheets and proprietary software
Verbal and written communication skills
Ability to be reliable and consistent with attendance.
Pre-employment substance screen
Ability to establish authorization to work in the United States

Apply for Purchasing Clerk

WANTED: ACCOUNTS PAYABLE / RECEIVABLE CLERK

Job Description

Accounts Payable / Receivable Clerk

• Operate computers programmed with accounting software to record, store, and analyze information.
• Check figures, postings, and documents for correct entry, mathematical accuracy, and proper codes.
• Classify, record, and summarize numerical and financial data to compile and keep financial records, using journals and ledgers or computers.
• Debit, credit, and total accounts on computer spreadsheets and databases, using specialized accounting software.
• Operate 10-key calculators, typewriters, and copy machines to perform calculations and produce documents.
• Receive, record, and bank cash, checks, and vouchers.
• Comply with federal, state, and company policies, procedures, and regulations.
• Compile statistical, financial, accounting or auditing reports and tables pertaining to such matters as cash receipts, expenditures, accounts payable and receivable, and profits and losses.
• Code documents according to company procedures.
• Reconcile or note and report discrepancies found in records.
• TEMP-TO-HIRE

Job Requirements

• 3-5 years AP/AR Experience
• Experience with QuickBooks accounting software
• Microsoft Office
• High School Diploma / GED

APPLY HERE:

  

ADMINISTRATIVE ASSISTANT WANTED

Job Description

Part-time position (20-25 hours/week) in busy social and traditional media marketing office in Lewisburg PA.

Administrative assistant will be responsible for:

• Daily operations of office
• Maintaining office scheduling and appointment setting
• Reception
• Some local travel with sales representative
• Maintaining telephone and email contact with clients
• Assisting with billing and invoicing

Role may grow into assisting with social media marketing platforms and coordination of advertising and marketing efforts.
Could eventually become full-time.

Job Requirements

• College degree preferred, but not required. Currently-enrolled college students may be considered.
• Friendly and professional appearance and phone voice.
• Microsoft Office
• Aptitude for computers and computer software platforms
• Quickbooks experience a significant plus.
• Hours can be flexible, within reason

JOB FAIR IN LEWISTOWN!!!

Lewistown CareerLink 6395 State Route 103 North Lewistown, PA 17044 
Friday, July 6 from 10:00 am to 1:00 pm. 

We are hiring packers to work for Quantum at Trinity Packaging in Lewistown, PA. These are 90 calender-day temp-to-hire positions. Ability to lift 25-30 lb. frequently and to stand in one place for long periods of time.  Solid work history, high school diploma or equivalent, and a pre-employment substance screen are required.

If you want a job done right, don't do it yourself. Call Quantum SPS

With safe, reliable, and qualified workers, it's always smooth sailing with Quantum SPS

How to Get the Most Out of Your Staffing Agency Experience

 “They weren’t able to get me a job!”

I hear this quite frequently about the various staffing agencies in the area and elsewhere, including about Quantum. There can be many reasons for this--some the job seeker can control and some the job seeker cannot. Let’s focus on those the job seeker can control by starting out with one of the most common misconceptions regarding staffing agencies.

I am asked quite frequently, “oh, you look for jobs for people?” Well, yes, in a roundabout way, but not exactly. Staffing agencies are for profit businesses. Staffing agencies build things; they package things; they design things; they manage things; and they answer phones, type minutes, and create reports. Staffing agencies are just like any other company with payrolls, taxes, employees, management structures, and so on. The difference is that the staffing agency does these things at other worksites rather than their own. The staffing agency’s employees build their widgets in someone else’s building. So, staffing agencies do not exist, typically, to “look for jobs for people.” The staffing agency’s business—its sole business—is to search for and hire the best available talent to make, produce, create, and distribute what it contracts with its client companies to do. When you register with a staffing agency, you are applying to work for that staffing agency.

So how does one increase the chance that a staffing agency will employ him or her? It begins with the same principles and ideas that one might use with any other employer.

Do some research to discover with which agencies you should apply.

By my last count, there are ten agencies in the Williamsport area. All are staffed by good people who do a good job at what they do, but most excel in slightly different areas. Some may be better at factory work or some at office work. Some may be able to provide direct hire offerings. Some may be better at certain niches like engineering or IT or Human Resources or sales. Many of us “do it all,” but have particular strengths, so watch the newspaper or the job boards or the individual websites of the local agencies. If an agency has a track record of having many administrative postings and you’re looking to be a clerk-typist, then that may be where you want to start.  This will require having some idea what you would like to do—“anything” is rarely a good answer when asked. It is also perfectly acceptable to ask your staffing agent. A good staffing agent will see no problem in referring you to another agency that is strong in what you're looking for.

Make sure you read all paperwork given you when you register and learn the rules.

This is extremely important. I have many applicants that look for the “sign here” lines on my application and skip over reading the very information that will help them. The registration paperwork is there for a reason. The purpose from the agency’s perspective—just like any company--is to judge whether you’re qualified and eligible. The purpose from the job seeker’s perspective is to sell him or herself and to read the policies to understand what is expected and how best to become--and stay--employed. So, take your time and use this to your advantage.

Listen attentively in the orientation and ask questions.

This is the time when your staffing agent will reinforce or explain much of what was likely in the application, handbook or the rules you are receiving. This is not the time to play with your cell phone, yawn, nap, or count ceiling tiles. Use the opportunity to understand how your individual agency works and what is important to them. Make sure to ask questions if anything is unclear or uncovered or if you have concerns

.

Follow the rules

Each agency has its own set of rules and priorities, but some are fairly common. Most common is to keep in contact with the agency to establish and maintain availability.   Some agencies will ask you to call on specific days so make sure to follow this. Many times, the very people who state that we haven’t “found them a job” are those that have not contacted us in weeks or months. How am I—or any agency—to know you are available to work for me unless you tell me so? With literally thousands of people registered, make sure you don’t become a name and a number in a computer database. Stay in contact.

Remember to follow these steps and your staffing agency experience will not only be enjoyable, it will be rewarding.

Ted Taylor, SPHR, CSP

Managing Partner, Quantum Strategic Personnel Solutions

Feel free to ask a question or apply at our website

Calling Off Work, Quitting, and Other Ramblings

Being in the staffing and recruiting industry for nearly 9 years, I never cease to be surprised by the reasons people quit their jobs, lose their jobs, or call off work (see "lose their jobs" for more information on this one).  Since every week I find myself saying at least once "well, there's a new one," I've decided to keep a journal of excuses and my reaction to them.   I'll post them here occasionally, primarily for my own entertainment.

Calling off Work

"I have the runs." Of the terms used for this on my phone or on my voice mail, this is probably the least graphic. First of all, let's get this out of the way right off the top:  If this is the reason you are calling off work, I really don't need to know the frequency, consistency, painfulness, or physical description.  "I'm sick to the stomach and am afraid I won't be able to stay out of the restroom" will suffice.  Thanks in advance. But secondly, just for those of you who do not know:  they do make OTC medication for this. How about taking one and letting us know you're sick but could you come in two hours late to give the medication time to work? It's unusual that someone would really need an entire day to get over "the runs."

"I have a doctor's appointment."  So you have to miss the entire day for a doctor's appointment? Of the 4000 hours of payroll I have a week, roughly 60-80 are lost to "doctor's appointments" for 8 people. Most of our employees work in north-central Pennsylvania.  Where is the doctor's appointment, Virginia? New Hampshire? In most common circumstances, there is no reason to miss an entire day for a doctor's appointment. A colonoscopy?  Sure. But your typical doctor's appointment?  No. Go in late, leave early, or go and come back. It really is that simple.

What? You didn't know you had a doctor's appointment until this morning? Please understand that somewhere some production planner based their expectation of how many widgets could be made upon having X number of people there today. The fact you forgot to, neglected to, or chose not to let someone know before today that you have a "doctor's appointment" means either someone else has to work harder to make up for your absence or the company is going to lose some money. Eh, but who cares if the company loses money, right? It's only your job that will eventually be cut due to finances. No big deal.

"My car broke down last night and I can't get it fixed."  All together now:  Give me a "B!"  Give me a "U!" Give me an "S!"   What's that spell?  BUS!  Okay, not all towns have public transportation, but ours does. So why are people telling me about their cars? Oh, and given the fact that getting the car fixed will cost money and we pay by the hour, calling off an entire day while claiming you can't get your car fixed is slightly counter-productive, don't you think?  Here's another idea:  TAXI.  Here's several more: neighbor, parent, relative, maybe the friends that helped you get the hangover that made you call off last Monday. The worst thing a broken car should do is make you late.  It should not make you miss an entire day.

"I QUIT!"

"The supervisor told me what to do!" Hmm.  Really?  Imagine that! Before you roll your eyes reading this, it was an actual honest to God reason an employee on his second day gave me for quitting. Apparently, the supervisor had told the employee that the way he was doing something wasn't efficient and to "try it this way."  

We can't have that. It's not the trainer's job to train, and it's not the supervisor's job to supervisor. So, if you're a supervisor, I caution you against, well, supervising or you may lose your employee.

"It's not enough money to live on."  I get this IF you've already done your job search and have attended an interview while you had the runs, your car was broken down, or you had that doctor's appointment in Virginia. I've read many employment applications on which people wrote "not enough money" in answer to "reason for leaving?"   and then had NO job for two to three years. Really?  How did that work out for you? 

I often wondered about such a reason. I always suspected  the "not enough money" was cover for something else on an application (fired, took an "under the table" job, there's a job not listed, etc).  But then I received a call from an employee last week that her job didn't pay enough and she was quitting (two hours before her shift, I might add).  I asked, "oh, so you found another job?"  She answered, "No. I said it's not enough money to live on."  I asked, "So then you'll have no job?"  She said, "Yeah. I just can't make it on that little." Bewildered, I couldn't resist asking the question, "So you'll just quit because nothing is obviously more than little?" Unsurprisingly, she didn't understand the question, so I repeated it. She answered, "Oh, I'll figure something out." Given the fact I just received her unemployment claim questionnaire, I'm going to go ahead and guess what she thinks she's figured out.

Folks, if you're not making enough money, I get that. But be an adult and find an alternative (i.e., another job) before quitting and sitting home on nothing and expecting someone else to pick up the tab. 

"I was disrespected." This phrase seems to be growing on popularity. Is this a song somewhere or something? Look, I don't mean any disrespect, but if you haven't earned respect, you cannot be "dis"-respected. And without exception, the people who have uttered the phrase "I was disrespected" or "you disrespected me" have not done anything to earn any respect. In fact, in every case it has been the contrary. Being corrected, managed, or expected to do something is not disrespect. Failing to correct, be managed, or do what is expected is disrespect.

"I didn't/don't like the job."  I get it. I think most people have at least had days that they didn't particularly like their job. If it's an everyday thing, it probably is time to change jobs. But in today's economy, make sure you have another job lined up before jumping ship.

"The walk-out." After almost 9 years, someone is still going to have to educate me and give me one example of what would be a good reason for a full-grown adult to walk out mid-shift on a job. 

The common theme for all of these? When did sense of responsibility and commitment die and where are they buried?  I'd like to send flowers.

by Ted Taylor, SPHR
Managing Partner, Quantum Strategic Personnel Solutions
Contact Quantum
 
 

Job Fairs -- Lewistown

JOB FAIRS

Lewistown CareerLink


6395 State Route 103 North


Lewistown, PA 17044


Friday, May 17 from 10:00 am to 1:00 pmThursday, May 24 from 1:00 to 4:00 pm



We are hiring packers to work for Quantum at Trinity Packaging in Lewistown, PA. These are 90 calender-day temp-to-hire positions. Solid work history, high school diploma or equivalent, and a pre-employment substance screen are required. Demonstrable good attendance record is a significant plus. Steel-toe shoes are required. Please bring IDs required for the Federal Form I-9 to the job fair. We cannot hire without these IDs. Pre-register online at www.quantumsps.com


Shifts Available


Monday to Friday: 8:00 am - 4:00 pm 4:00 pm - 12:00 midnight 12:00 midnight - 8:00 am
Rotating shifts: Daylight: 7:00 am - 7:00 pm Overnight: 7:00 pm - 7:00 am

Pre-apply here