Be honest in interview, but stay away from specifics

By Barbara Bowes

1. What do I say to a potential new employer about the reason I left my former employer, especially if it was the result of an employee/employer dispute?

If asked the question, “why did you leave your last employer”, you can respond by saying you experienced a change in management philosophy and that there was no longer a fit for you with this company. This is an honest statement but doesn’t provide details. Typically, it is unwise to give details because it is difficult to fully explain yourself within the context of a short interview. At the same time, I would prepare a set of statements for your former boss and get agreement on what he/she would say in a reference interview. If your immediate boss will not provide this reference, find another manager in the same company.

2. After 15 years of consistent employment and good performance reviews, I was terminated. The rationale for the termination was outrageously weak and somewhat ridiculous. What avenues of recourse do I have?

The first thing I would recommend is visiting a labour relations lawyer who can provide you with specific advice for your situation. This may be a case of wrongful dismissal because it appears your employer has never identified any areas of concern and you were never given a chance to improve. You should have been entitled to a severance package reflective of your years of employment plus outstanding vacation owing to you. Be sure to ask for career transition counseling services in addition to your severance package. The provincial Labour Board might also be an avenue to pursue. It is illegal for an employer to withhold any vacation pay, salary or bonus that is owing to you.

3. After only 3 weeks on the job in an office environment, where little training was provided, I was summarily terminated by one of the owners. There was no notice, no caution and no specific reason for the dismissal. What complaint options do I have?

All employees are entitled to an appropriate notice period for termination. If there is no notice period specified in the company policy manual, then the legislation states you are entitled to a minimum of one pay period of notice. In your case, it means you should receive 2 weeks pay in lieu of notice in addition to pay for 3 weeks work and vacation accumulation. If this is not the case, call your local Labour Board and seek advice to recover what your former employer owes you.

4. I have been working as an independent contractor with one client as my only source of income. Following the death of my client, members of the family took over and within one year I was fired on the spot. What rights do I have as an independent contractor?

Although I do not have all the exact details of your work arrangement, if your one client was your only source of income and you worked on their premises, technically you weren’t an “independent” contractor, rather you were an employee. However, if you were truly an independent contractor, then the only recourse you have is to take your client to small claims court for the outstanding monies due to you. You would need to have documented your hours on an identified project and you need to have a letter of engagement showing authorization to proceed with the work from the client. Although you can take the former client to small claims court yourself, a letter from a lawyer often brings the client to their senses and they will pay what is owing. Otherwise, you are “out of luck”….unfortunately, one of the trials and tribulations of being self employed.

5. What recourse do I have if my boss is verbally abusive?

I am disheartened to learn that at least two of the recent questions submitted to this column related to issues caused by verbally abusive bosses. I had truly hoped that publicity and training surrounding verbal abuse had awakened management to the fact this behaviour can no longer be tolerated in the workplace. Regretfully, it seems I am wrong.

Typically, verbally abusive individuals are insecure and use their vulgar language as a way to humiliate you and to increase their power and gain control. Abusive behaviour in any situation but particularly in the workplace will quickly tear down your self esteem and destroy your ability to perform well at your job.

Verbal abuse in the workplace cannot be tolerated. Employers are obligated by law to take steps to ensure your work environment is harassment free. If you have exhausted all of your internal avenues such as reporting the incident(s) to a senior manager, human resource manager or union representative and asking for remedy, then register a complaint you’re your provincial Human Rights commission. Go to their webpage and learn how to file a complaint.

6. I am hoping some day to transfer to a role in human resource management. However, this is completely different from what I do now and I am afraid that if I make my interests public, I might lose my current job. What should I do?

Transferring to an entirely new profession will take time, approximately 3-5 years if you are approaching it on a part time basis. Whereas you need your current job for financial security, your best bet is to transfer into the new profession through volunteer experience. Volunteer to sit on a not for profit board or your own professional association where you can chair the personnel committee. This will increase your confidence and build your practical skills.

Volunteer in your workplace for projects that are HR related. Initiate internal projects that will utilize your current skills but which may influence human resource issues. Determine if your professional association offers HR related professional development and volunteer to teach a basic course in which you feel comfortable. Continue with your goal of attaining additional HR related certifications.

Keep in mind that the practical experience in your current operational field will always hold you in good stead so don’t discount it so readily. In fact, seek out other potential employers who understand your underlying operational experience and who would give you a chance to do “HR”. On the other hand, you will have to allow yourself to make somewhat of a financial sacrifice (hopefully short) as you transition to your new desired occupation.