Sklover’s Thought for the Work Week

Published on April 16th, 2018 by Alan L. Sklover

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“The productive person doesn’t tell you how many hours they worked;
they show you what they accomplished.”

– John Gross

At work you have a choice, each and every day: either you are focused on what you accomplish, or you focus on the time and effort that goes into it. The first is positive, motivating and inspirational, that is, lifts you up; the second is negative, demotivating and takes you down. It’s a simple choice. Each day, at work, it’s simply up to you.

This quote was sent to us by Ivory D. of Redmond, Washington. We appreciate the reminder, Ivory, of this important point. If you would like to submit a proverb, quote or thought, please submit it to us at vanessa@executivelaw.com.

Need to send a model memo or letter to transmit a request or complaint? A good checklist or form agreement? For a complete list of our Model Letters, Memos, Checklists and Sample Agreements, Just [click here.]

Interested in Membership? It’s free, and has advantages, including discounts on our products. Just [click here.]

Need a private telephone consultation? Just [click here.] Evenings and weekends can usually be accommodated.

© 2018 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

Workplace Negotiating Insight No. 15: “Standard Language” . . . There’s no such thing.

Published on April 10th, 2018 by Alan L. Sklover

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It happens to me nearly every day; in fact, it happened to me just last week. When discussing language in a legal document with an employer’s HR or Legal representative, I am told “That is standard language. So, we can’t change it.”

I know why they say that: they are fearful. You see, “long, long ago, in a land far, far away,” some attorney prepared that “standard language,” and this person I am dealing with today is fearful that, if he or she makes a decision to change it today, it could be a mistake. So, it’s easier to use the excuse of “standard language” than to use their brain to address the opportunity, problem and people counting on us to do so.

To get past that, I remind this person of three points: first, this problem is not “standard,” but arose from “substandard” events, so its solution cannot be “standard.” Second, this opportunity is not standard, so the language we need to use is not going to be “standard.” And, third, these people are unique and special, so our efforts on their behalf require unique and special language.

What am I really saying? In essence, “The people you and I represent want this problem to be solved, or this special opportunity achieved. We should try “special” hard to make sure that gets done. They deserve an extra ounce of thought and an extra pound of courage from us . . . otherwise they will not be happy with the outcome . . . or us.”

If you are ever uncomfortable with the “standard language” put in front of you to sign, and are told “It is standard, so we can’t change it,” think of these “non-standard” arguments to overcome such nonsense.

Sure, you should say it “softly,” and sure, you should say it “simply,” and, too, you should say it with “sincerity.” Get past the “standard” argument, and get to the “special” one -the one that works- you and your employer want.

You are not standard, and your employer is neither. Instead you and your employer are worthy of the effort and fortitude that this problem, solution, opportunity and situation need. It’s like buying shoes . . . they’ve got to fit your feet.

This usually works for me, I am confident it will likely work for you, as well.

Observe and Learn.
Then Negotiate.

Need to send a memo or letter? A good checklist or form agreement? For a complete list of our Model Letters, Memos, Checklists and Sample Agreements, Just [click here.]

Interested in Membership? It’s free, and has advantages, including discounts on our products. Just [click here.]

Need a private telephone consultation? Just [click here.]

© 2018, Alan L. Sklover All Rights Reserved. Commercial Use Prohibited.

Sklover’s Thought for the Work Week

Published on April 9th, 2018 by Alan L. Sklover

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“The best solution seldom requires that someone be right and someone else be wrong.”

– Robert Brault

So simple, so true, so wise, so powerful. At work, as at home, in business and in relations of all kinds, perhaps most of all in politics, the true “art of the deal” is not defeating the “other side,” but convincing him or her to just, even for a moment, see the situation and solution your way. What does that take? You first doing the same for them . . . and a healthy dose of that rarest of emotions, patience. You cannot do better than that, not in the short run and not in the long run. Take a few moments to try your best to consider the viewpoint of even your most ardent adversary. Imagine, just for the moment, that you agree with their view. It is in their perspective that you will find the secret to successful negotiation. You really will.

This quote was a gift from Tommy D. from Davenport, Iowa. Thanks go out to you, Tommy. If you would like to submit a proverb, quote or thought, please submit it to us at vanessa@executivelaw.com.

Need to send a model memo or letter to make a request or complaint? A good checklist or form agreement? For a complete list of our Model Letters, Memos, Checklists and Sample Agreements, Just [click here.]

Interested in Membership? It’s free, and has advantages, including discounts on our products. Just [click here.]

Need a private telephone consultation? Just [click here.] Evenings and weekends can usually be accommodated.

© 2018 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

Cancer, Job Applicants & the Law – Eight Most Common Questions Answered

Published on April 3rd, 2018 by Alan L. Sklover

 
“Whoever said winning isn’t everything
wasn’t fighting cancer.”

– Author Unknown

ACTUAL CASE HISTORY: Theresa, 48, an experienced Architectural Draftswoman, was seeking to return to the workforce after not working for four years. After hearing of a job opening at a large architectural firm for which she seemed perfectly suited, Theresa submitted her resume, and she was soon asked to come for an interview.

Theresa responded quickly, and after two interviews that went extremely well, she was told that the partner in charge of hiring for the job was her only remaining step. Unfortunately, that interview was unusual for its focus, from the first moment to the last, on her reasons for being out of the workforce for four years.

After several rather penetrating questions about the reasons for her being out of work for four years, Theresa felt she had no choice but to share what she did not want to share: that she had been battling ovarian cancer, and now, for the first time in years, felt strong enough to commit to full-time work. “Finally,” she thought to herself, “that’s out of the way. Maybe now we can talk about ‘what really matters,’ namely the position’s responsibilities and the corporate culture.”

Her interviewer apparently thought differently, and simply proceeded to ask her if she was certain she had the energy to do the job, what medicines and treatments continued, and – pointedly – what was her prognosis. As Theresa complied, with each additional question, she was less and less certain that she wanted to work for this firm.

Not surprisingly, Theresa did not get an offer for the job.

LESSON TO LEARN: Any person who is struggling with cancer, or who has done so in the past, knows what it means to fight for your life. Those who are fighting cancer surely have a lot on their “plate.” Those who are battling the disease, or who have done so in the past, AND who are seeking work, have more on their “plate” than most people can imagine. This newsletter is intended to lighten that burden by providing information about how the law provides some protections for them, and for those who care for them.

Disability Law, In General: The Americans with Disabilities Act (“ADA” for short), is the federal law that protects those with disabilities from discrimination in employment based on their disability. The ADA defines “disability” as (a) an impairment that substantially limits a major life activity, or (b) a record or history of having a substantially limiting impairment, or (c) being perceived by others as having a disability. The ADA covers employment by private employers with 15 or more employees, as well as state and local government employers (Section 501 of The Rehabilitation Act provides similar protections for federal employees).

The U.S. Equal Employment Opportunities Commission (“EEOC” for short) is the federal agency that enforces the provisions of the ADA. With certain different limitations, definitions, and procedures, most states, and even many cities, have their own laws, ordinances and agencies that provide additional protections to employees with disabilities, or who are perceived to have an impairment.

Cancer and Disability Law: The ADA was amended in 2008 to protect job applicants who are battling cancer, or who have done so in the past, from discrimination on that basis. Unique among diseases, cancer is now presumed to be a disability, giving cancer victims more protection from discrimination than are those who suffer from many other diseases.

Unfortunately, despite increasing understanding of the burdens of having cancer, people with cancer still experience barriers to equal job opportunities due to interviewers’, supervisors’ and colleagues’ misperceptions about their ability to work during and after cancer treatment. Even when the prognosis for recovery is excellent, some employers presume that a person diagnosed with cancer will be unable to perform their work duties, will take frequent and long absences from work, will be unable to focus on their duties, and may not survive very long.

Perception of Disability: Although many people don’t know it, you do not need to be disabled in order to be protected by the Disability Laws, which also protect job applicants who are “perceived to be disabled.” So, if for any reason a job interviewer “perceives” you to be disabled, then the prohibition against disability discrimination protects you, too.

Like Theresa in the Case History above, you may not have cancer or any other disability, but nonetheless your interviewer believes you may not be able to work occasional overtime, or if he or she believes you may call in sick a lot, and does not hire you for this reason, the law is on your side, regardless of the fact that, in fact, you have no disability.

[This newsletter is dedicated to the memories of Emil, 66, a friend of 55 years, and Krysten, 40, a close friend of several years, both of whom over the past year have fought the good fight against cancer, but who did not, in the end, prevail.]

EIGHT MOST FREQUENTLY ASKED QUESTIONS, AND THEIR ANSWERS:
Continue Reading. . .

Sklover’s Thought for the Work Week

Published on April 2nd, 2018 by Alan L. Sklover

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“Working Hard . . .
A Monday Poem”

He worked by day and toiled by night.

She gave up play and much delight.

Dry books he read, new things to learn.

And forged ahead, success to earn.

He plodded on, with faith and pluck,

And when she won, they called it luck.

– Author Unknown

This sweet poem was sent to us by Geoff T. of Baltimore, Maryland. Keep up the good (and hard) work, Geoff. If you would like to submit a proverb, quote or thought, please submit it to us at vanessa@executivelaw.com.

Need to send a model memo or letter to make a request or complaint? A good checklist or form agreement? For a complete list of our Model Letters, Memos, Checklists and Sample Agreements, Just [click here.]

Interested in Membership? It’s free, and has advantages, including discounts on our products. Just [click here.]

Need a private telephone consultation? Just [click here.] Evenings and weekends can usually be accommodated.

© 2018 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 30 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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