Defending Oneself Is Always Worth the Effort by Lindsey Novak on Creators.com

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Defending Oneself Is Always Worth the Effort

Q: A former supervisor falsely accused me of things in order to fire me, so I resigned before she had the chance. She had no proof of any of the accusations, and she did not report anything to the authorities. That was five years ago, and I have had other jobs since then. In a current job search, I received a notice from a prospective employer that I would not be hired because I did not disclose the unsatisfactory rating I had from a supervisor. Do I have legal recourse?

A: Quitting a job first, when you know you will be fired, does not solve or make the problem disappear. Having been able to get a few jobs since then shows that not all employers conduct formal background and reference checks. Now that you know your former supervisor has offered damaging information about you to potential employers, you must face the situation.

Hire a plaintiff's lawyer to handle the matter. It's unfortunate you didn't deal with the problem when everything was fresh, but try to recall all that happened and write a detailed, chronological record of conversations and interactions you had with your supervisor. When you meet with the lawyer for your initial consultation, present your documentation so he or she will have all the information needed to determine whether you have a case. Don't withhold anything from your lawyer. The truth will come out and being dishonest will ruin your chances of winning, even if you are in the "right." Employment lawyers charge either hourly rates, which vary state-to-state and city-to-city, or one-third contingency fees (from winning the case).

Employers can make truthful negative statements about past employees for reference checks, but the smart ones rarely offer more than employment dates and job titles. If your lawyer can show you have suffered damages, you may have a good case against your former supervisor and the company. Also, you might want to stop your job-hopping, at least until your name has been cleared for any wrongdoing.

PROVE THAT YOU ARE NOT AVERAGE TO EARN A RAISE

Q: Someone mentioned that performance reviews don't make a difference.

Our company gave us such miniscule raises that the work costs in putting the raises through probably totaled more than the raises themselves. I put all of myself into my job, and I think my boss knows it, but how do I get beyond the obligatory amount that everyone seems to be given?

A: Some think self-promotion is bad thing, but if you learn to do it the right way, it will help you, not just in your job but also in your career. Nobody likes a narcissist or a know-it-all — people who don't offer suggestions but give lectures because they always think they know the answers. Those are not positive models of self-promotion. In "I Am Not Average: How To Succeed In Your Performance Review," Brian D. Poggi develops performance review strategies so employees can lead their reviews to focus on their accomplishments at work, keeping their goals in mind. Poggi states that his strategies will not work for average or below average employees. They are designed for top performers only — people who are ambitious, who take pride in their work, who work long hours and are known for delivering. Poggi says today's market is a good thing. "What was good enough in the past will not make it in today's competitive work environment."

Companies should not throw employees into one group, though it's easier for managers since evaluating workers takes planning. Poggi found many supervisors "wing it," but prepared employees focused on succeeding should not allow themselves to be thrown into the "average" group. The most important factor is to prepare a script for the review: present a list of accomplishments, a PowerPoint presentation or whatever enables a person to present all of his or her accomplishments. This will catapult a person far above the "average" category. An employee should not assume the boss remembers everyone's individual achievements.

Rather than accepting the standard format and direction of the company's performance reviews, Poggi recommends preparing, taking charge of the review and focusing on one's contributions to the company. After reading "I Am Not Average," one will see that average is the new below average status.

Email Lindsey Novak at LindseyNovak@yahoo.com with all your workplace questions. She answers all emails. To find out more about Lindsey Novak and to read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.