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Employment Today™


"HARRASSED, FIRED, LIES AND NOW MORE TROUBLE!"

Dear Kathryn:

Stupidly, I followed my recruiter's advice and am sitting here on the unemployment line, again.

I was terminated unfairly from my last job because I complained about being sexually harassed. My employer said that he had investigated my claim of harassment and found it to be without merit; an exaggeration on my part. When I was terminated only three months later, my employer said it was due to lack of production but it was really due to the fact I had made trouble for the harassing manager. My sexual harassment claim was true.

When I started to interview for new jobs, the recruiter I worked with told me to say that I was still employed; that because of the messy termination, I'd never get another job. I took her advice and told prospective employers I was still working. I got a great job.

Today my new employer told me they're letting me go after only one month as they've discovered I was fired from my last job and had lied on the application. I didn't get a chance to explain why I said what I did.

What, if anything is my recourse? I got fired unfairly, took a professional's advice about interviewing and now again, and am unemployed with a bad reputation. Where do I go from here?

SHARON T., Middletown, CT

Dear Sharon:

Sometimes, I all have is bad news to deliver. Today, I've mostly good news and only some bad!

I discussed your issues with Attorney Brian Clemow and here's our take on this. It seems that you've only been separated from employer number one, whom you had charged with sexually harassment and who possibly terminated you in retaliation for your claim, for less than 180 days.

If you truly feel the termination was a result of your sexual harassment claim, you still have time to file your claim of "termination due to retaliation." The Human Rights Commission views this as a very serious claim against an employer and would investigate it thoroughly.

Should they find your claim credible, you could not only end up with a settlement, the employer would have to change your employment record to "quit", rather then "terminated." At that stage, you could honestly represent your separation due to your quitting, rather than the dreaded "termination" you're now suffering.

As to doing anything about getting your most recent job back-forget it. That employer has every right to terminate an employee who lied.

As to taking the bad advice from the recruiter, that's your mistake.

Evaluate whether you've evidence your work was good and your first employer truly terminated you due to poor production vs. a retaliation. If you're confident in your claim, follow through with the Human Rights Commission. Good luck.

Dear Kathryn:

All I've been reading and hearing is that hiring the over 55 employee is a smart hire as the employer gets a more committed employee with life and business experience. If that were true and employers are really hiring the mature job seeker, why am I unemployed?

I was laid off after twenty three years but kept my attitude positive, thinking this is my chance to rechannel my energies into a new career.

After having submitted over three hundred resumes, followed by countless phone calls and many interviews, I think the news blip about older employees being hired is media hype.

I'm asked on interviews if I need medical and dental benefits, and as I do, I answer honestly. The interviewer's distress is apparent as they mentally calculate the high cost of benefits should I be hired. More roadblocks are put up when the employer asks about my lifting ability (I'm in accounting, what the heck do I have to lift?!) Recruiters are just dreaming up ways to rule me out!

I've actually been told the job requires a great memory and questioned as to whether I think mine has slipped since I've neared social security age. The latest jab was when the company rep told me they had a lot of people near retirement age and what the company needed was new young blood.

I know these questions are illegal, but I'm not about to blow an interview because of a stupid human resources person. I would love to know what I could do to get them to recognize my value and give me a shot. I want and need to work for the same reasons you do-fulfillment and money!

Give me some wisdom!

MARY-ANNE A., Bridgeport, C

Dear Mary-Anne:

You've survived those interviews so I know you'll survive this advice. While you've enjoyed and obviously been successful in your career for twenty plus years, it doesn't mean you've an accurate handle on how you're interviewing, presenting yourself, and being perceived. Your experience and resume may be terrific, but as you'll see with the information that follows, it's not all about experience.

Energy, attitude, flexibility, an outward appearance of agility combined with a sense of humor are elements that employers tell me they're after. The slightest of indications giving the interviewer the sense that you're a "know-it-all", stiff, or inflexible, is a turn off for them.

Rather then just provide you with my opinion and experiences, I went one better and talked to fifty of the leading human resource and hiring managers from a variety of industries. I specifically asked them what their concerns were when interviewing and possibly hiring the near and over sixty year old employee. They whispered the following to me, swearing me to secrecy of their identities. Here are their secrets, sans their names-straight from their mouth to this page.

When I interview the mature job seeker I worry-

"How have they kept their computer skills and how quick will they learn our systems?

How set are they in their ways? Are they in decent physical condition?

How will respond to a cut in salary in the long haul if they're taking a big pay cut? They may say they're ok with it, but will they deal well with it ok when they've been making more.

Is the individual quick and alert?

Have they kept up with industry standards?"

I asked if there was any concern about the older hire fitting in with the younger employees and I emphatically got "no!"

I asked what was the reason why employers liked the older hire--the report: the older employee is established, doesn't have grandiose dreams and daycare issues. Whatever job they take, they'll most likely be satisfied with it for the duration. Older hires tend to appreciate good work environments whereas younger, less experienced hires don't have the experience with which to compare it.

Advice from employers to older job hunters-"Show confidence and enthusiasm, stress specific skill sets and flexibility and adaptability. Most important, give examples of where they've been adaptable, quick to learn and flexible. Even drop in personal hobbies that show you're active (golf, jogging, aerobics)"

My last suggestion-before you do any more interviews, ask an impartial, experienced professional to interview you and give you honest feedback, critiquing just how you come across. With a little bit more work, I think you'll have this interviewing thing knocked.

Keep the humor.