Employment Law: How to keep your next job

Inquiry: With so many companies cutting back on their workforce lately, do you have any suggestions on how an employee can try to hold on to his current job or, if unemployed, keep his next job?

Response: The first part of the answer to your question is to analyze why companies discharge employees in the first place. If we can figure that out, then we are closer to the answer of how to prevent the employment axe from falling!

Some of the reasons for discharging employees would include the following: poor performance of duties; "politics"; writing critical memos about one's boss; personality conflict with one's boss; going over boss' head; style issues; corporate reorganization; violation of rules -- insubordination, absenteeism, bad attitude, poor attendance, fighting, drugs, etc.; discrimination -- age, sex, race, religion, handicap, pregnancy, sexual harassment, etc.; mentor change; retaliation -- filing a claim against the company; salary too high; medical claims too high; commissions too high; falling profits; etc., etc, etc.

Obviously, some of the above discharge reasons are not within the control of the employee and little can be done to prevent such types of termination. However, several of the reasons cited are within the control of the employee and can be corrected to avoid discharge.

For example, if an employee has received an oral or written warning about his/her violating some company policy, it is clear that the employee should promptly stop violating the policy to keep his/her job. Surprisingly, a fair number of employees do not seem to understand what such warnings imply!

Writing negative memos about one's boss or going over his/her head without getting permission are two ways that an employee can help to sharpen the axe for management. Amazingly, you would be surprised at the ignorance that exists regarding what is "politically correct" (which the above two examples are not) and what isn't.

Receiving a bad job performance evaluation usually is recognized as an ominous omen by most employees. However, not all of them then take the necessary steps to improve their job performance. A recent client of mine was in fear of losing her job because she wasn't able to get her job done by 5 o'clock each day and she wasn't allowed to work past 5. When I suggested that she either do some work during her lunch hour or start her job a little earlier in the morning, she thought it was an excellent suggestion. he performance evaluation should be viewed as exactly what it is: management's perception of your job performance, good or bad.

Some employees only focus on the good comments and ignore the bad. Really, it should be the other way around because the negative comments are what could cost you your job ... so employees should try to improve those deficient areas by working with their supervisors to develop a game plan on improving them.

Recognizing why one was fired from the last job and/or recognizing one's current job problems is the first step in improving one's chances of staying employed.

Stephen P. Horner is an attorney who practices employment and labor law. Questions for this column may be submitted at shorner@horner-law.com