Meeting “Efficiencies”

One reader of Undercover Lawyer contributed the following piece based on his own experiences at a large employer in Southern California.  Our guest writer, Brian, followed the advice in “Work Laws Exposed” and filed claims with California ’s DFEH.  He has now retained a California attorney to further fight back against the Hostile Work Environment he had to live through.  Here are Brian’s insights:

MEETING “EFFICIENCIES”

Every now and then a company needs to “meet efficiencies”, which also means to get rid of employee/s for whatever reason; (over budget, employee complains, don’t like, asks for training, wants a raise, etc).

How the game works:

A manager is usually asked to lunch by his/her supervisor. During lunch the supervisor will inform the manager that the company has a problem and needs their help. The manager is then told that an employee or employees need to go for whatever reason.  FYI – This is also a test to see the manager’s loyalty towards the company. Companies are very selective when playing this game. Think of it more like a baseball manager needing a relief pitcher. Before he calls down to the ball pen he usually has a certain pitcher already in mind. That’s the way some companies treat this game. The need to “meet efficiencies”, which manager should we use?

Manager pool the Company Pulls From:

1. Brand new manager

2. A manager who is a single parent

3. One that has pulled this off successfully before

Who’s at Risk:

Usually companies target high earners or whoever they feel is weak. Once the manager targets the victim or victims, then that manager starts the game of discipline. The goal is to either terminate or have the employee/s too resign.  *Note – (managers usually do not touch union employees. They target single parents, car poolers and others). They will discipline the employee/s for any and everything.

Conclusion:

Let’s say the manager terminates the employee or employees as told. The following will occur:

1. The manager successfully terminates the employee/s and they are never heard from again.

2. The manager terminates and the employee sues:

a. Depending on the case, most companies settle quickly and quietly at a fraction of a trial verdict.

b. If any money is paid out for whatever reason, that manager will be terminated shortly after.

Avoiding the Axe…Part Two — by Jenn S.

Here are a few more tips for keeping on the straight and narrow at work and avoiding many of the common pitfalls that I have seen result in many lost jobs…

DON’T gossip. It’s hard, I know. I have a hard time following this one myself. Gossip is just so fun. Though talking about other people’s faults and foibles can be great entertainment, it can also cause a lot of problems. Generally speaking, people don’t like to be gossiped about and when word gets around that you’re one of the folks spreading other people’s business to all parts of the office, you might become the target of some unpleasant commentary yourself. Office dramas and rivalries often begin with what some might characterize as harmless gossip and end with someone losing a job or at least being moved or demoted. And be especially leery of the boss or supervisor who pumps you for the office gossip and information on coworkers… You might think that you’re scoring points with management but ultimately, you are demonstrating a lack of loyalty and integrity. Best advice: Steer clear of the juicy gossip mill.

DON’T get sucked into the cancer crowd. Cancer, as an illness, usually starts out small. But those cells multiply and the disease spreads until it overtakes its host OR the host eliminates it through treatment. Same goes for an office “cancer.” One unhappy employee starts grousing about how mistreated they are and how rotten management is and then goes around trying to get other employees to join the grousing. A small group of grousers may then emerge, bitching and complaining about the workplace but not really confronting management on any certain issue. And their negativity spreads and spreads, ultimately affecting employee morale and productivity. Sound familiar? Well, let me tell you that these little cancer groups do not go unnoticed by employers and the treatment of choice is often termination. Instead of being part of the cancer, try being part of the cure. Said another way, if you are unhappy about something at work and know that others are, too, try to actively make a difference, instead of just letting things fester and brew. If you are viewed as part of the cancer crowd, you might just find yourself jobless when management seeks to stop the spreading negativity.

DON’T be the office jokester. There is always one, isn’t there? That person who always has some new joke or story to relate that is highly inappropriate for work but who shares it, anyway? Get this - Save the joking for your non-work friends. Learned a great new joke about some racial minority? Save it. Think it’s funny to shove two oranges under your shirt and pretend that you’re the supervisor who just got breast implants? Do it after work at your apartment, preferably alone. Acting out in the workplace is a sure way to get attention from your coworkers but you may also garner attention from management, who will not likely be amused. Inappropriate behavior in the workplace paves a road right out the door so keep a lid on your inner comedian.

DON’T let your guard down. This tip goes right along with the previous one. Do not let yourself get too comfortable at work. It is tempting, especially when you’ve become very friendly with your coworkers, to let your professionalism slide. In a fashion that is alarmingly reminiscent of high school, we want to be “cool” and part of the crowd and are willing to lower our standards of conduct to fit in. But the bottom line is this…you may feel safe in your work environment to “be yourself” or “be real” but you’re not. Do not drop your guard and think that because you are “friends” with everyone at work that it’s cool to drop f-bombs or pinch your cube-mate’s butt. The familiarity that is created at work can be a good thing, certainly, but it can also backfire…badly. Best advice: Do your best to maintain a professional and friendly demeanor at work and avoid crossing lines into unprofessional conduct.

Podcast #6: 10 Tips for Anyone Facing Termination, Including Negotiating a Severance Package

Download PDF Transcript
If you want to listen on your iPod via iTunes, you can use this link (will open iTunes and take you to the podcast): http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?id=284065741 You can also listen through this website using the player below.

The primary message of Episode #6 of the Hostile Workplace Podcast is “You Are Not Powerless When Facing Termination!”  This episode shows you how to fight back and try to keep your job, PLUS, we cover how to negotiate a severance if you decide to leave.  Negotiating a severance would also apply to anyone who is facing layoffs at their company.

Tips 1-3:
Fight Back by utilizing protected classes and turning the tables on your supervisor.

Tips 4-7:
Slow the Process Down by knowing all your due process rights and using all of them.

Tips 8-10:
Even if You Decide to Leave, don’t just walk away; you have the power to get something out of the company, and ease your transition to your next (better) job.

The ever-popular “Quick-Tip” feature comes straight from our forums.  A community member who is facing termination at his own job has a great tip for anyone dealing with an abusive boss.

STEP 5 of Walking The Plank Toward Termination: Is Your Boss Hassling You About Tiny Aspects of Your Work?

If you feel like your boss has suddenly started hassling you about tiny, and seemingly irrelevant aspects of your job, then a red flag should go up in your mind.  This is another tell-tale sign that your boss is on the hunt for an employee to terminate — you.

Your boss may be trying to “build a record” of documented mistakes you have made, in order to justify terminating you. Your boss probably has not given you any negative feedback for years, if ever. And when the boss evaluates the major parts of your job — everything is fine. So, instead of noting your solid performance and moving on, your boss redoubles his or her efforts to find something, anything, that you are doing wrong.

This leads your boss into the tiny minutiae of your job — items that you can’t really say are unimportant, but are often get done not exactly “by the book.”  Your boss comes in, and makes a huge deal about something you are doing that is not EXACTLY “by the book.”

Everything works fine.  And your boss has never cared.  Until now.

But to your boss, this is an end-of-the-world problem you’ve caused.

Step back and realize, your boss’s reaction fits with how bad the boss wants to let you go; your boss’s reaction does not fit with how bad a mistake you actually made.

What Should You Do?

1. Ask your boss what is going on

Be polite about this. Don’t sneer and be sarcastic. Simply state that its obvious that something has changed, and ask what happened? Why the change?

You’re probably going to hear something like “Well I found one obvious error in your work, so I’m worried that there are other errors in your work that are not so obvious.” This is how your boss will justify tearing through your desk and computer in search of any mistake that could possibly justify terminating you. How to deal with this is the next tip…

2. Ask what your boss needs to see from you in order to win their trust back

The directness and honesty of saying this will knock your boss off-balance.  For just a moment, they will think to themselves “Maybe there is a better employee here than I realized…”  You must seize that moment.  Follow up with something like, “I want to show you that I still deserve the trust you once had in me.  What would you like to see from me in order to get that trust back?”

If your boss starts telling you what they want to see, then you’ve won.  That’s because a boss is not going to give an employee a list of goals, and then terminate the employee the next day.  So take careful note of that list that comes pouring out of your boss’s mouth — make sure they are measurable goals, and achieve them.  You will save your job.

BUT, if your boss does not respond with a list of things he or she wants to see from you, then you know your job situation is truly dire.  For example, your boss may say, “I don’t know, let me think on that one.”  Or, “I’m surprised to hear you say that… wish you had said that earlier…” (and then walks away).

So if your boss doesn’t give you a list of things to improve, and continues hassling you about the tiniest aspects of your work, then you know you are one step further down the plank toward termination.  It may be time to consider legal defenses, that do not rely on changing your boss’s mind about you.

Have you had a boss that micro manages your work, hassling you about the tinies aspects of your work?  Tell us about it in the comments section below.

10 Steps of Walking the Plank Toward Termination: STEP 4 Your Boss Switches From Harassing You In-Person to Harassing You In Writing

When your boss goes to Human Resources and asks “Can I fire this employee right now?”, do you know what the H.R. Rep always answers?  H.R. says, “What documentation do you have that shows your employee is not doing their job?”

You know what happens next?  Your boss looks down at his or her own feet, and their face starts turning red.  Then they look back up at the H.R. Person and say something like “Goddamnit, don’t we have at-will employment in this state?!  It used to be if someone didn’t do their job they got fired!  Plain and simple.  How come all you ever say is ‘no’?  Why don’t you ever help us get things done around here, instead of just putting up road blocks all the time?!”

The H.R. Rep responds to this tirade with something like, “I take it you have done no documentation of this employee’s performance? You know, like I taught all the managers to do in that little half day seminar last month?”

“I prefer verbal feedback and coaching.  The more informal type,” your boss says.  He’s referring to the last time he yelled at you.

“Well,” says the H.R. Rep, “did you document in your performance log the date and time of each of these verbal feedback and coaching sessions you had with your employee?”  The H.R. Rep says this with a slight grin, because they know what the answer is.

This is where your boss blurts out something like “F*ck! I’ll get your f*cking documentation,” and then stomps back to your department to start writing an email to you about your performance.  And the H.R. Rep?  This is when they cooly open a notebook and jot down the date and time your boss swore at them and admitted to not doing proper documentation.

Then the H.R. Rep calls a friend who is a H.R. Rep at another company.  They meet at a nearby Starbucks and sip lattes and complain about how everybody at their company hates H.R people.

Really, this is not an exaggeration.  Not at all.  This what happens between managers and H.R. Rep’s every single day, especially know that managers are under pressure to start cutting payrolls and reduce labor costs.

Watch for meetings between your boss and someone from H.R.  If you can see into the office, does your boss appear agitated?  Does the boss leave the meeting and immediately start writing?  And most important, does your boss send you a terse, or even angry letter about your performance soon after your boss met with H.R.?

These are all signs that your boss wants to let you go, and is trying to get it approved by H.R. first.

If you are not in a position to observe what meetings your boss has, and with whom, never fear.  There are other ways to tell.

• Does your boss send you emails, particularly about some aspect of you doing your job, with increased frequency?
• Does your boss send you a written memo about a deadline you missed (probably for good reason) instead of chatting with you and letting you explain?
• Does your boss ask you to sign or initial any memo that has anything to do with your performance, or any project you’ve been working on?

10 Steps of Walking the Plank Toward Termination: STEP 3, Your Good Work Gets No Rewards

A law firm partner who wanted me fired used to sing my praises, calling me a “golden boy” and going on and on about how I seemed to have a “magic wand” that would solve all the partner’s problems.  Now, this partner’s inability to remember to take all their pills each morning was not my doing, but it was nearly my undoing (ever had a boss like this?).

One day I had obtained an especially good result for a demanding client in a challenging case.  I was exuberant as I bounded into my boss’s doorway and blurted out “Did you hear how the judge ruled on our Rule 11 motions? Granted! We got them!”  I fully expected my boss to jump out of their chair and hug me, or at least shake my hand and offer to call the client and give me credit for the victory.

Instead I got a cold emotionless stare, and a partly sneered question, “When am I going to see your draft of the summary judgment motion for the Kline case?”

The question didn’t hit my hears, it hit my gut.  It took my breath away.  “We won,” I said meekly.

“I heard you.  I’ll inform the client.  I want to see your draft before I leave today.  I wanted to see it yesterday.”

This exchange depressed me for days.  It was obvious my formerly skyrocketing career working under this boss had fallen back down to earth and crashed.  I knew I was NOT going to continue to grow and move up if I continued working for this person.  When I got over my shock and depression, I started trying to make a lateral move so I could work for a new boss at the same firm.

Luckily for me, this boss also alienated their own boss, and their own management level co-workers.  My boss was asked to leave the firm before getting an opportunity to totally “get” me.  Not long after, I learned that my former boss had wanted me fired.  Given my boss’s total 180 toward me and my accomplishments, I wasn’t surprised to hear it.

Does your own boss act like you can’t do anything right, even when you are bringing him or her great results?  Are other employees getting pats on the back for the same things you do, but you get no rewards?

This is the heart of “The Third Step of Walking the Plank Toward Termination”: a boss that no longer gives you any credit for your accomplishments, especially if he or she used to praise you regularly.

A close cousin of this scenario is when your boss gives you no credit for accomplishing something, while lavishing praise on your coworker for doing nearly the same thing, or less.

In either case, you should be aware that if you were a little doll, your boss would be walking you across the plank of the toy ship on his desk and smiling at the thought of dropping you down into the trash can.

What can you do?  You can try to move away from the boss, like I did.  I got lucky, and the Executives at my firm dropped my boss into their own trash can.  Your boss probably has enemies too, but I wouldn’t rely on them to save you.

Another option is that you can leave your job and look for a new one.  In this economy, I would not recommend that path to anyone.  It’s hardly even an option anymore.

Or, you can learn to fight back by using the tools that the law provides employees — and which mostly go unused.  The knowledge of how to fight back, and the friendship and encouragement you need to actually do it — those are the things this website and forum are all about.  But even if you don’t choose that path, it’s good to be able to recognize the path you are on.

So now you know: when your boss gives you zero credit for accomplishments that used to get praises, it’s time for you to start thinking through your options.

You do, however, usually have a bit more time.  In most cases their are other steps yet to come before the termination axe falls.

We’ll reveal another one of those steps right here on this blog tomorrow.

10 Steps of Walking the Plank Toward Termination: Step 2 You Have a New Supervisor

Note: If you missed Step 1 in this series you can read it HERE.

If a new supervisor takes over your department, brace yourself.  New supervisors change everything, and employees HATE that.

What you need to understand is that it is unthinkable to a new supervisor to not change everything.  A new supervisor feels like they need to PROVE that they were the right person for the job.  How do they prove it?  By making changes.

It doesn’t matter to your new supervisor that everything was working just fine, thank you very much.  Your new supervisor is going to make changes for change’s sake.  Your supervisor believes that their changes prove that they are making their mark, shaking things up, raising the bar, blah blah blah.

In your new supervisor’s mind, this is now their kingdom, their way of doing things, their staff, their leadership style, and it’s purpose is to demonstrate to the world that they are awesome.

If you are a man, image a new coach of an NFL team.  Is he going to bring in his own staff?  Is he going to run his own plays or the old coach’s plays?  The new coach is going to completely revamp everything and install his own system.  If the team then wins more games, it will prove that the coach and the coach’s way of doing things are better than the last coach, and the new coach gets all the credit.

What do you call a coach who doesn’t change any systems, uses all the same people, and follows all the plans of the former coach?  A place holder.  Coaches who change nothing are merely “place holders” in between the really high caliber coaches.  You know, the ones with “vision.”

I’m not saying your new supervisor is supposed to see themselves this way, or that it’s a good thing.  I’m not saying that you should accept all these changes; not at all.

I’m just trying to explain what’s going through your new supervisor’s mind.  This really is how they see themselves.

Now, my own spouse and my own mom don’t care much for sports analogies.  Some women do (which is cool), but to women like my spouse and mom, sports analogies just doesn’t make sense.  So I’ll use another example that won’t apply to all women, but might be more meaningful than a sports analogy (can you tell I’m trying hard to not be discriminatory?).

Pretend for a moment that you just bought a house.  Your new house is in a slightly better neighborhood, and is slightly bigger than your current house.  After you sign the loan papers and get the keys, you are free to make any changes you want.

Are you going leave all the same wallpaper that the previous owner put up?  Will you keep the same odd paint colors that the previous owner chose?  Are you going to arrange your furniture in the same pattern and places that the old owner put their furniture?

Of course not!  You want to leave your mark on the house, and make it into your home.  You want to “make it yours” by choosing your own colors, arranging your own furniture your own way.  What would you think of someone who moved into a house and didn’t change a thing?  You’d probably think they were incapable.

And that’s what your new boss is afraid of — appearing incapable of doing the job.  Being capable of doing the job (in their mind) means doing it their way, with their people, in their style, and measuring everyone according to their scale.

Again, I’m not saying your new supervisor should do this.  I just want to warn you; they will do it.  They actually believe that their success or failure as a supervisor depends upon whether or not they change things around.

A new supervisor means new standards, new procedures, new priorities, and probably more new faces.  Also, if you really got along well with your old supervisor, getting a new supervisor will be especially hard.  Your old supervisor knew you, trusted you, and let you do the things you are good at.

Your new supervisor doesn’t know you, doesn’t trust you, and wants you to do the things that will make him or her look good.  And those tasks may NOT be the things you are good at.

If you start to feel or see this kind of conflict, beware.  Especially if you’ve had a few run-ins with your new supervisor, and then he or she begins referring fondly to people from their former organization.  If that happens I guarantee that your new supervisor is thinking about bringing people from their old company over to the new company, your company, and giving those people your job.

New Supervisor = Warning, changes on the way

New Supervisor + Conflict = Red Alert, discipline on the way

New Supervisor + Conflict + Comments about former coworkers = terminations on the way

Have you ever dealt with a new supervisor, or seen one change everything — even though the old way was working?  Tell us about it in the comments section!

10 Steps of Walking the Plank Toward Termination: Step 1 Your Industry Is Sputtering

Two competing companies will often consider merging when both are suffering financially.  Both companies hope they will have double the customers with less staff.  In other words, half the staff is going be laid off.  I saw this pattern first hand in my pre-lawschool life, when I worked in Human Resources for a big box retailer.

Our company acquired 3 smaller companies while I was working in H.R.; each time we would go in and lay off the corporate staffs of the smaller company we acquired, then add all of their work to our own (already full) work schedule.  This is what Corporate America calls saving money through efficiences of scale, or synergies.

Eventually I began seeing some more of the signs above in our own company.  One top executive left to go to work for a competitor.  There was a rumor that a former female VP was suing the company for gender discrimination.  The traditional blow-out Christmas Party that was held at a posh hotel with spouses invited was toned down to a on-site punch and cake reception the last hour of the work day with no family joining us.  It was obvious the company was hurting.

Then the big news came.  Our company was aquired by an even bigger “big-box” retailer.  H.R. representatives from the bigger company started visiting our corporate headquarters and talking about “efficiencies” and “learning from each other”.  That’s when I left for graduate school.

Only a couple of the many people I knew successfully made the jump to position with the company that acquired us.  Most people scattered to other companies in our area; some started their own business; some moved away in pursuit of jobs with competitors that were located in other states; some people jumped at the chance to take a “early retirement” package the new company offerred.  Most of the people, however, were simply told one day to box up the personal items at their desks and not come back.

I always wondered why those folks didn’t leave sooner.  Why didn’t they make plans to work elsewhere or start something of their own?  Maybe they were intensely loyal people who felt obligated by duty to “go down with the ship”.  But not even the Executives did that.

I think those folks who stayed until the bitter end with no plan for their future could not see the signs.  Maybe loyalty blinded them, sure.  Or even optimism could have dulled their perception of the tell-tale indicators that the company was on its last gasps.

What those folks missed, however, you should be keen to observe.

Today we covered Step One of the “10 Steps Toward Termination”, which is highly relevant to today’s economy, but not required.  Tomorrow we will start exploring the signs of impending termination that are more focused on your relationship with the company and your boss.

Please join me and the other readers of this blog over the next ten days as we explore and discuss the next 9 Steps over the next 9 days.

But before you go, have you seen any of the signs discussed above?  Do you think I’ve left out a sign that other people need to know about?  In the comments section tell me what you think, or about your experiences, and read about the experiences and views of other readers like you.

Bad News: No Home Sales = No Emergency Cash

Why are people so concerned about their jobs right now?  Because they see the “For Sale” signs going up all around them — and they know the reason is because these neighbors can’t afford their mortgages any longer. Billionaire investor Warren Buffett said Friday the economy continues to be in a recession, by his definition, and will continue to be for at least several more months. (Full Article Here.)

U.S. Fed Chief Ben Bernanke said Friday that “the financial storm that reached gale force” last year “has not yet subsided, and its effects on the broader economy are becoming apparent in the form of softening economic activity and rising unemployment,” . (Full Article Here.)

That certainly appears to be the case in my own neighborhood.  I live in a sub-division that was built five years ago.  There are far more homes for sale right now than any time in the prior five years.  And all those homes are staying on the market longer. With few of any signs displaying “Sold” across the top, families like mine can no longer easily access their equity which serves as the emergency fund for so many people who live without the fat savings accounts that financial magazines breezily discuss — as if everybody has one.

The truth is that most people, myself included, make money from working at my job.  The only other way I “make” money is through the appreciation of my home.  Now, with home appreciation cut off, I have to rely more than ever on my job.  And I know I’m not alone in worrying about keeping a regularly paycheck coming in for my family, because more people than ever ARE losing their jobs.

The U.S. Dept of Labor announced that “Year-to-date layoff figures in 2008 were the highest January-July totals since 2003.”  The region that suffered the most was the Midwest, followed by the South and West.  All areas suffered, just to a lesser degree. The largest economy in the west is California, and that state recorded the highest number of initial unemployment claims filed due to mass lay-offs in the month of July with 33,250 people out of work, largely due to layoffs in administrative and support services and in educational services. The next highest numbers of mass layoff claims were in Michigan (27,672), Ohio (19,402), and Kentucky (11,907). (Full Article Here.)

The Overland Park, Kan.-based firm, the local-phone service provider in 18 states.  And what does it blame these problems on? The slow down in housing, just like everyone else.

People are worried because they are awake and listening, and they see what their neighbors are going through. With most people unable to access the equity in their homes, the regular paycheck becomes the sole and crucial source of income. Now more than ever it’s important to protect your job with every tool available. For example, you can increase your education, so that you offer more skills to your employer.  Or, you can simply work harder and more efficiently, so that management views you as an indispensable part of the company machine. Some people, however, are in a situations where the boss or manager are already deciding who to let go; you may not have time to increase your skills through education or make a new impression through working harder. If you are in the latter case, it’s important that you maximize all the legal protections the law gives to employees. Even “At Will” Employees can protect themselves at work through the use of protected classes.  To learn more about protected classes and how anyone can qualify for their protection you can read my free 7 Part Report on the Secrets of Work Law.  Part one comes to you immediately, and all you have to do is sign up with your name and email address in the green box at the top of this page. My next post will address how supervisors and managers are themselves feeling the stress of the economy; bookmark this page and return Wednesday to learn more about how to respond to the economic stress that your own boss feels.