Holiday vacation "blackout"

Q: We have Christmas approaching. In past jobs, I have taken the week off between Christmas and New Year's to visit family out of state. I just started working at a new company and employees recently received a memo that taking vacation time is not allowed during that week. It is called a "black out" week. I have never heard of this and am really disappointed. Is this legal to do?

A: Vacation time is a benefit offered by many employers. Usually full-time employees receive vacation time benefits and sometimes part-timers do as well, usually on a pro-rated basis.

It sounds like this restriction was a surprise to you. The week between Christmas and New Year's is a popular vacation week, particularly for those employee traveling for the holidays. Most companies have a policy that vacation requests should be submitted in advance and then the employer can use a specific criteria, like seniority, to decide who is able to take the week off. However, there are often exceptions. For example, if an employee is planning a honeymoon or if an employee is attending a memorial service for a loved one out of state.

Your company's "black out" practice is legal. Employers can mandate when employees use vacation time. However, I would explain to your manager that you were not aware of this practice when you were first hired. You can politely request an exception, but as a newcomer, don't expect it. A valuable lesson is to mention a planned vacation before accepting an offer. You have more leverage asking for an exception before you accept an offer vs. after you have been hired.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Job Doc Chat with Pattie Hunt Sinacole On Monday November 30th

This week on the Job Doc Chat, Pattie answered questions about how to change jobs after a long employment period, how to explain absences from the job market and how to make a clean, attractive resume. She also answered questions about how to change jobs to an entirely new industry, all this and more here: http://www.boston.com/jobs/news/jobdoc/2015/11/monday_job_doc_chat_with_patti_2.html

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Termination for poor communication skills

Q: I was just terminated. I received no severance. I was terminated and given pay for what vacation days I didn't take. I was told the termination was for my poor communication skills and how I work with others. I know I am an introvert and that is why I became an engineer. I prefer to avoid interactions with others. Instead, I like to focus on my work and complete tasks. I thought I should have received coaching or counseling. Can my employer do this to me?

A: Most employees in the US are employed "at-will," which means either the employee or employer can terminate the employment relationship at any time and for any reason. Severance is typically not legally required unless you have signed an employment agreement or are covered by a collective bargaining agreement.

We all have strengths and weaknesses. One of your weaknesses may be communication skills. Rather than avoiding social interactions, it may be worth developing communication skills.

Think about how to be a good listener. Eye contact is important. Maintaining eye contact during a conversation demonstrates interest in what another person is saying. Non-verbal gestures and movements also send a message. Do you cross your arms (which can sometimes signal I am really closed or not listening to what you are saying)? Ways to improve your listening skills including monitoring your eye contact and your body language. If you have the capability, videotape yourself during a conversation. Do you look receptive to what the other person is saying or are you sending signals (maybe even unconsciously) that you are disinterested?

Like other skills, communication skills can be improved upon. Take it seriously. You don't want to be terminated again on a skill that you most certainly can develop.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.  

Job seeker in their 60s needs advice

Q: I am in my 60s and looking for a job. I feel like age discrimination is working against me. What words of advice do you have for a 60s something job seeker?

A: Age discrimination exists for sure. Every day people make judgments about fellow humans. We make judgments based on age, race, color, gender and other factors. Some factors are not even legally protected factors. Think about how we all make judgments about others based on where someone went to school, their hometown, what they drive, how they dress or even sometimes their name.

My best advice is to take the focus off your age and instead try to shift it to your experience and potential value to a company. Before you interview, what can you do?

1. Make sure that your resume is crisp, clean and easy to read. It may be only necessary to summarize the last 15 years or so of your experience. Many employers will be looking for you on LinkedIn too. Make sure that your LinkedIn profile is accurate and your head shot is professional. Some employers expect a Twitter handle.

2. Dress the part. Spend some time on the company's website. Are they business casual? Or are they suits? Don't wear something from many years ago. Wear something which you have purchased in the last year or so.

3. Connect with folks who you know your value. The reason is that they don't necessarily see a number. They see what you can bring to the table in terms of experience.

4. Are your skills up to date? As an example, if you are a recruiter and you are not very familiar with LinkedIn, then I am concerned.

5. What are the stereotypes that many have about workers in their 60s? Rigid? Slow? Low energy? Then, counter those stereotypes. During your interview, demonstrate enthusiasm, energy and flexibility.

6. Use available resources like Operation A.B.L.E. (ability based on long experience). Their website is www.operationable.net.

Finally, be sure you are open to feedback, whether positive or negative.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. 

A workplace brawl

Q: Last week there was a brawl in our lunch room at work. Two guys started arguing and then pushing began. Then shouting and fists. These two guys have only worked for our company for a short time. HR is involved and interviewing everyone asking what we saw in the lunch room that day. The two guys are now telling everyone to "play dumb" and not to mention them by name. I was just eating my lunch and reading the paper. I don't want to get involved. I just want to put my head down and collect my paycheck. What should I do?

A: Oh no. This sounds like a horrible situation. A horrible situation which has turned into an awkward situation, because co-workers like you are now being questioned about what occurred. A lunch room should be a place to relax, enjoy a bite to eat, check phone messages and chat with friends.

You should certainly be honest when HR asks you what you observed that day. Not only is HR looking to make sure that they have an accurate understanding of what happened that day, but they are also need to make sure that the workplace is safe. No one should have to come to work with the fear of being physically threatened. It is frightening to think that an employee would have to be concerned about their physical safety in this manner. Since these two men are new employees that may be even more concerning. In many organizations, a physical confrontation warrants an immediate termination. HR though may be collecting facts before any action is taken. Please be honest and forthright with what you saw. I would hate to hear about an escalated follow-up confrontation.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Job Doc Chat with Pattie Hunt Sinacole on Monday November 2

This week on the Job Doc Chat, Pattie answered questions about applying for multiple positions at the same company, how to deal with sick coworkers and how to make a sample works portfolio. She also confronted the issue of asking for a salary increase, as well as what do when applying for a job while pregnant. All this and more here: http://www.boston.com/jobs/news/jobdoc/2015/10/monday_job_doc_chat_with_patti.html

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Providing professional references can be a challenge

Q: I am looking to resign from my first job out of college. I received an offer that said it was "contingent upon the satisfactory completion of three professional references." Who am I supposed to give? I can't give my current supervisor. I am stuck. Please help.

A: Congratulations on your offer of employment. Many job offers are extended in this same manner. The new company wants to check references but they don't want to delay the process to wait until this can be completed.

Three professional references should ideally include one supervisor. Have you only had one supervisor? Is there another supervisor (who maybe has left the company) who you could contact? Or has there been someone who supervised your work but maybe wasn't officially your supervisor? Perhaps someone who trained you for a position or served as your "go to" person when you were first hired. Or is there a senior person at your current employer who would be willing to speak on your behalf?

Think about colleagues with whom you have shared a positive relationship. Maybe they have left the company or maybe they are still working at your company but understand the discretion involved.
Another option is providing the contact information of a supervisor from a past internship or past summer job. Or a professor who may have supervised a project or internship.

Most employers understand you cannot give your current supervisor as a reference, or you may jeopardize your current employment situation. A new employer hopes to contact at least one supervisor but that can be challenging especially for those candidates with few roles in their career.
It is important to maintain strong professional relationships for this reason. If you are struggling to find former contacts, sometimes LinkedIn can help.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.