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"STOOD UP AT THE STARTING GATE"

Dear Kathryn: I've always knew my employer was tough and demanding, now he's escalated to practicing sleazy and deceitful entrapment tactics.

Four of us in the sales and marketing departments received e-mails, supposedly from a headhunter. She indicated she was representing a few outstanding job opportunities with salaries well above what we were being paid. We were invited to submit our resumes for further consideration. While none of us were really looking, it seemed foolish not to reply -- nothing ventured, nothing gained, right?

This morning, the three of us that replied to the e-mail were called in to our boss's office separately and each put on a three-month probation. The reason given for the probation was "our obvious lack of loyalty and interest in our jobs." I've since discovered a vice-president in our company arranged the e-mail ruse to see just who was "loyal" and who wasn't.

I feel this was a cheap, deceitful act and with my excellent work history at this company, I should have never been set up like this. Is this entrapment technique common in the corporate world? I'm disgusted and would like to know my recourse.

PAULA T., Waterbury, CT

Dear Paula:

What you've experienced is commonly referred to as "e-sting" and is more popular than you'd guess. Corporate honchos feel this type of trap-setting is fair-if you're using company time and company equipment to respond to personal e-mails, never mind corresponding with headhunter's for a new job, you risk getting caught and repercussions may follow.

I consulted a few different labor specialists regarding your dilemma, including the law firm of Tyler, Cooper & Alcorn and Shipman & Goodwin. They both concurred that there's no hard and fast rule or statute regarding "e-stings."

CT, one of only 6 states, does have a statute that specifically protects free speech rights for employees, keeping employees safe from employer retaliation. This claim of free speech and contacting the American Civil Liberties Union may be your only leg to stand on should you decide to pursue this matter.

Upon surveying over 200 employers as to their opinion on e-stings, I found a fairly equal divide of opinion. Half felt deliberately sending that e-mail constituted a loathsome attempt of entrapment while the remainder felt it was a legitimate effort to determine if the employee was loyal.

My suggestion: silently endure the probation, analyze how content and challenged you are in your current job. Decide whether or not you can put the invasion of privacy you feel behind you. If not, quietly plan your job search, keeping it out of the office; conducting it outside of business hours.

You don't need a termination, which is what would follow next should your employer discover you're conducting an active, aggressive jobhunt.

Dear Kathryn:

I was lured away from a good, stable job only to find myself on the unemployment line one month later.

I was head-hunted from a job I held for five years by a sr. vice-president of a competitor. After four lengthy meetings with the VP and company president, they offered me a more responsible job than the one I would be leaving, a title and $10k more in salary. As the new job entailed duties where I would need training, we discussed at length a three-month learning curve. They didn't expect me to be up and running until at least that time.

After four weeks of employment, today I was terminated. The explanation by the sr. vice-president was that I wasn't catching on quickly enough and they didn't see the merit in wasting any more time training me.

I was lured out of a good, stable job with great promises of training. They didn't deliver and now I'm on the unemployment line.

I have an offer letter but no contract and the old job I left has been filled. What recourse do I have? I'm frantic!

JESSICA K., Old Saybrook, CT

Dear Jessica:

While my news won't win either of your job's back, it's more positive than simply the unemployment compensation you can collect.

I consulted well-respected labor specialist, Attorney George O'Brien, and he tells me that you should pursue this with a private attorney. O'Brien recommends filing a claim for the remaining two months of salary that would have payment for the training period you were promised.

As you reasonably relied on the promise by the new employer that you'd be trained for three months, thus employed for three months, you anticipated an income for those three months. The state of CT, as well as most states, recognizes what's referred to as "promissory estoppell"-someone made a promise, which the other party reasonably relied on, and that party acted to his potential detriment by relying on the promise. You relied on the promise of at least the three months of training/employment and to your detriment, left a good paying job.

While two more months of salary doesn't give you a new job, it does give you a bit of breathing room to recover from this bad experience and begin your new job hunt. Good luck.