Chapter 7

Employment

Michael R. worked as an accountant, but he loved to garden. When he was diagnosed with an early stage of prostate cancer, a small ad caught his eye for a local corporation that had a campus-type building and was looking for a “groundskeeper.” He got the job, which had terrific health and other benefits, and the chance to use his landscaping talents every day. The thought that he could actually earn a living doing something he loved had never occurred to him before.

 

This chapter guides you through a reconsideration of your job—from making your current job work better for you to the possibility of looking for a new one. If you are currently looking for a new job, skip to section 4.

Section 1. Reconsidering What You Do for a Living

1.1 Make Your Job Work Better for You

Benefits of staying in your current job. Staying with your current employer has the advantage of keeping your current benefits, with the probability that any exclusions in health coverage for conditions that existed before the coverage went into effect (preexisting-condition exclusions) are not relevant or have already been satisfied. You may also have built up goodwill and made friends with coworkers. Assuming your health insurance and other benefits are adequate, before you look for a new job, consider trying to make your current job work better for you. There are a couple of ways to approach this.

Job accommodation. Chapter 6, section 1.4, examined the concept of “reasonable accommodation” under the Americans with Disabilities Act (ADA). If that law applies to your employment situation and you are unable to perform the duties of your job the way you have been, but you could still do the job if you received an accommodation from your employer, you could think of this as an opportunity to seek some modification that will increase your job fulfillment and/or True Net Pay (see chapter 4, section 1.1). In pursuing an accommodation, you must disclose to your employer information about your health that necessitates that accommodation.

Or consider another approach—you may choose to seek changes in your duties without disclosing anything about your condition to your employer. If you take this tack, however, you are no longer protected by law and you will have to rely solely on your negotiating skills.

With these guiding principles in mind, consider:

• Is there some other way to do the same work at the same or increased True Net Pay and still have more time to enjoy your nonwork hours? For instance, there may be an office closer to your residence. Or maybe you can work freelance and still keep your benefits. Consider working different hours, such as part-time a few hours a day or a few full-time days per week or even full-time for a number of months per year and taking off the remaining months. These sorts of accommodations are common in the ADA context. If, however, you choose not to disclose health information, perhaps you can barter or offer your employer something for this kind of change.

• Is there work that is different from what you are now doing that would either increase your fulfillment or your True Net Pay or both? Although not required by the ADA, many employers are willing to consider changes in job assignments for current employees because they would rather work with a known employee than hire someone new.

• If there is no acceptable ADA accommodation or you choose not to seek one, could you at least receive a raise if you requested one with a persuasive argument?

• If your employer can afford it, consider requesting a continuation of your salary while you work “on loan” to a nonprofit organization that can gratefully use your expertise. Many large corporations do this as a means of keeping employees engaged while polishing the corporate image. Working on loan provides you with the opportunity to obtain more fulfillment while continuing to receive your salary and benefits. Consider working for a GuardianOrg relevant to your condition.

Do not be afraid to manipulate the meeting to take care of your needs. If the meeting goes in a direction other than the one you hope for, rather than let it end on a negative conclusion, ask for time to consider what has been discussed and set a date for another meeting. This will give you a chance to consider alternative arguments and/or approaches.

A few words of caution.

• In some circumstances even hinting to your employer that you are unhappy with your current position may jeopardize raises or advances. If you are going to have the discussion, perhaps you should wait until after decisions about raises and/or advances have been made.

• If you work for a boss or company that discriminates in spite of the law against people with conditions such as yours, think carefully about disclosing health information.

When you’re part of a couple. When determining your own ideal with respect to your employer, if you are married or living with someone, consider alternatives that might work for both of you. For example, Kate and Ron B. both worked full-time when he was diagnosed with cancer. They realized that since Kate’s income was larger than Ron’s, if he shifted to part-time work, they would be able to increase their total True Net Pay because Ron would be home in time to take care of their children. In addition, it gave a better quality of life to both Ron and their kids. For Ron, this meant losing his health coverage, but it was acceptable because he was fully covered under Kate’s health coverage and their relationship was solid.

Performance review. Your annual or semiannual performance review may be another opportunity to improve pay or fulfillment. As a general matter, always prepare for performance reviews. Don’t assume your manager is aware of everything you’ve done. Preparation should include a review of your accomplishments and abilities (from your company’s point of view), as well as additional educational courses you may have completed or experience you have gained. Also think about how you could do your job differently. This may also be the time to let your employer know about your condition.

1.2 Is Now a Good Time to Change Jobs?

You are not locked in. If you can’t get what you need from your current employer, changing jobs may be the answer. Your diagnosis alone should not prevent you from looking for a more fulfilling job. Everyone has things they can and cannot do. You are no different. As you read in chapter 6, there are laws to protect you in your search for a new job.

Before you start down the path of exploring other job or career opportunities, keep in mind the pitfalls that you have to avoid and the stress you are likely to incur when thinking about, and actually, changing jobs. Also, be aware that while the “grass is always greener,” few of us are lucky enough to find a job that truly maximizes fulfillment and True Net Pay.

Benefits. If your current benefits are not good enough, it may be worthwhile to look for a new job, even with a lower salary, just to obtain appropriate benefits—especially good health coverage.

Time off. If you need time to explore other job possibilities, review your employer’s guidelines to determine whether you would be entitled to time off, with or without pay, without disclosing the reason. If your condition is active, you may be eligible for leave under the Family and Medical Leave Act or the Americans with Disabilities Act. Even if you are not entitled to leave by employer policy or by law, your employer may voluntarily give you a leave if you ask for it. Before requesting any type of leave, make sure that your benefits continue, and find out for how long.

Retraining. Consider going back to school or entering a training program if that would lead to your ideal job. Other factors in your life may dictate against it, but your diagnosis as such should not be one of them.

Section 2. Leaving Voluntarily

2.1 Considerations Before Leaving Your Current Job

Now that I’ve encouraged you to be open to changing jobs, please don’t resign before considering the following:

• The risks associated with exchanging the known for the unknown.

• Loss of goodwill and possibly the friends you’ve made in your current job.

• The economy.

• The new job may not work out.

• True Net Pay is difficult to calculate until you actually start the new job. Talking with other people who do a similar job may give you an idea, but you won’t really know until you start.

• Benefits—insurance evaluation: Before you leave a job with insurance benefits, make certain that the new position provides comparable or better health, disability, and life insurance coverage (unless you can obtain these coverages on your own or have sufficient coverage through your spouse or significant other). There are guides for evaluating health and disability coverages in chapters 14 and 8 respectively. Chapter 19 discusses the important features of life insurance policies. Also, look at when the various coverages start for you as a new employee. For example, some companies have disability-income insurance that is only available to employees who have been in the company for a minimum time, such as five years.

• Gaps in coverage: Avoid gaps in health coverage. If the health coverage at the new job does not start immediately, exercise your COBRA rights (see chapter 6, section 4) to extend your current health benefits to take up the slack. If there are exclusions in your new employer’s coverage (such as for preexisting conditions on health policies), it is important to determine how that meshes with the coverage you are leaving. Usually an extension of your current policy will cover you through the period of the new preexisting-condition exclusion. In addition to HIPAA on the federal level (see chapter 6, section 6), various states are beginning to enact laws that prohibit exclusion of preexisting conditions if the gap between new and old coverage does not exceed a limited period, such as sixty days.

• Your current life insurance: In most group life insurance policies you have a right to convert to an individual policy when you leave the company or retire. If this is the case, you should look closely at the option since, as you will see in chapter 19, you should keep and obtain all the life insurance you can. It is a new liquid asset for you.

• The effect on your retirement plan: Unless you’re vested and have an unqualified right to the funds in the plan, you may lose any money your employer contributed to your account. If vesting is imminent, it may be in your best interest to wait until vesting occurs before you give notice. With a 401(k) and 403(b) plan, no matter why you’re leaving, you’re entitled to any money you paid into the plan. Before you decide to make a move, check the details of your current employer’s pension plan. Find out whether you are permitted to transfer funds to either an individual plan of your own or to a new employer’s plan without incurring a tax. If you will incur a tax, it is important to know the amount and when it is payable. This is a complex area, and no transfer should be made, even if it appears to be tax-free, without first consulting an expert.

Tip. Roll over the cash into your new employer’s plan or into a tax-deferred individual retirement account (IRA). If you’re not permitted to enroll in the new plan right away, invest the funds in a so-called conduit IRA, an account you can open at your bank to hold your money until you’re eligible to roll it into the new plan.

2.2 Negotiate Before You Leave Your Job

If you’ve decided to leave your job, don’t just walk out. Even though you are leaving voluntarily, you should negotiate to obtain as generous a severance package as you can. This really is doable.

Do your homework.

• Look carefully at your employer’s benefit plan and see which of the benefits you are entitled to.

• Know what others of your level, tenure, and experience have received, in terms of severance money, benefits continuations, outplacement services, and other benefits.

• Read the summary to find out if you can convert your group life insurance policy to an individual policy. The odds are you can. The only question is whether it is for the full amount of the coverage or a reduced amount. If the plan summary doesn’t tell you, your human-resource contact should be able to.

Set a game plan.

• If you’re not going directly to a new job

• you need to take health coverage with you.

• you should bargain for whatever may assist you in finding the job you want, such as outplacement services that will help you assess who you are, what you want, and how to get it. Many companies, of all sizes, provide some level of outplacement. Outplacement firms provide valuable information and training in all aspects of a job search.

• you may need a loan of your office or computer or other equipment until you find a new job. An empty office with a computer and a phone, or at least voice-mail service, can be helpful, so that prospective employers won’t know you’re out of a job.

• ask yourself what other low-cost assistance the company could lend or give you that would help you find a new job, such as a laptop computer, a company car, or a pager.

• ask your current employer to hire you as a freelancer, perhaps even to finish a project you’ve been working on or maybe to get a new one started.

• If you have unused vacation or personal or sick days, ask for the cash to compensate. If you usually receive an annual bonus, try not to forfeit the whole amount. Request at least a pro rata portion of your bonus.

• If you have options to purchase the company’s stock, the odds are you have to exercise the right before you leave the company, or within a short time after leaving. Compare the price of the company’s stock against the price in your options. If the market price is less than your option price, consider arguing that the money your options were supposed to provide doesn’t exist, so you should receive a larger severance package.

Last, but not least.

• Prioritize your desires. Once you know what you want, make every effort to negotiate for it while you’re still working.

• This doesn’t necessarily mean hiring a lawyer. You’ll probably be better off doing it yourself, since you can more easily work on your employer’s sense of fair play or, as a last resort, guilt. Keep in mind that the higher up you are in the company structure, the less likely the company will want to come off looking mean or cheap. It may still be a good idea to have a lawyer or financial planner to advise you about your rights in preparation for these discussions.

• Do not take the first offer you are given, and don’t sign anything until you’ve had time to read it over and think about it. A request for twenty-four hours to think about it, even if they’ve given you everything you want, is understandable.

• Your employer doesn’t have to know you are headed toward another job, but it could be helpful to let the employer know that you have been diagnosed, and with what. “I don’t want to talk about it, but I thought you should know…” is an appropriate lead-in that will arouse sympathy without exaggerating the seriousness of your condition. Nevertheless, think carefully about using this tactic if you’re seeking work in the same industry. Word does get around.

• Most employers prefer to avoid lawsuits. If your employer has not been reasonable, you can use this as leverage in negotiating your severance package.

• Don’t let your employer play the “this is our standard policy” card. There is no rule that can’t be broken or at least stretched. Grumbling often leads to a better deal. And definitely do not hesitate to play on your employer’s guilt. This may be the time to bring up your accomplishments at the company and/or sacrifices you’ve made for the company.

Tip. If you’re near retirement age, but not “disabled” as defined by your employer’s benefit plans, you can ask your employer to add a few years of service to your employment record so you will qualify for an early pension.

Tip. Before you go, build your reference file by asking for references from your boss or other company executives, colleagues, or clients. Similarly, if your firm lets employees photocopy their employee files, photocopy above-average performance reviews.

Exit interview. If your company requires in-depth exit interviews, accommodate the request to keep your relationship. It is always helpful to keep good relationships with ex-employers and not burn any bridges unnecessarily. Remember that the interview is for the employer’s benefit. Assume that nothing you say will be kept in confidence, including any steam you let off.

Section 3. If You’re Fired

No discussion about jobs would be complete without addressing the possibility that you may be fired.

If it is because of your condition, refer to the discussion about the ADA to determine your rights. If, however, it had nothing to do with your condition, then you are in the same position as anyone else whose job is terminated. If you believe you have redress of any kind, speak with a local attorney.

Review the discussion in chapter 6, section 4, about COBRA and similar state laws. Together they assure you the right to continue your health insurance.

Section 4. Looking for a New Job

4.1 Identify Your Ideal Job

Time is short. Look for the job that will be most fulfilling and will pay you an adequate True Net Pay. As critical as fulfillment is, you must also be sure you already have or can obtain adequate health insurance through the new job. I cannot repeat too often how critical good health insurance is to you.

Tip. The Internet is an excellent supplement to traditional job-finding resources. In addition to listing job openings, many companies have chat rooms for their employees. It may be worthwhile accessing a chat room to find out what they think of working for the employer.

If you can’t identify your ideal job. Here are several time-proven methods of helping determine your ideal job.

• Richard Nelson Bolles—author of the classic text in the field, What Color Is Your Parachute?—suggests that as an aid to finding out what you want to do, spend as much time as necessary writing an article entitled “Before I Die, I Want to…” You may find that it is practically impossible to keep the focus only on your career and that some dreams creep in concerning leisure or learning or other non-job-related experiences. Include them and be as specific as possible. According to career-change experts, the more you tap into your dreams, the more you increase your chances of finding the right job.

• An alternative approach, expanded in Do What You Love, the Money Will Follow by Marsha Sinetar, is to think about what you enjoy doing, with the idea that it will most likely take you to your real skills and what you do well … and thus, a job.

• Consider seeking professional help through aptitude and skills testing. Look in your yellow pages under “career and vocational counseling.” The oldest and one of the leading firms is Johnson O’Connor Research Foundation, with offices throughout the country (800-452-1539).

If your ideal job doesn’t exist, consider creating it. Try it with an existing employer or start your own business.

4.2 Considerations Before Taking a New Job

Before you take any steps toward moving to a new job, be sure to consider:

• The details of the new employer’s benefit package. Evaluate health coverage according to the charts in chapter 14, sections 2 and 3.2, and disability income coverage according to the chart in chapter 8, section 1. You may be lucky enough to find an employer that considers their benefit package such a selling point that they will open up the subject in a job interview and possibly give you an employee handbook to look over. However, if details of the prospective benefit package are not volunteered, consider the following means of obtaining the information without tipping your hand:

• Have a financial planner or other adviser call the company identifying himself as a planner or attorney who cannot disclose the name of his client.

• Obtain a copy of the plan from a current employee who is a friend.

• Between the time of receiving the job offer and accepting it, tell the new employer that your financial planner insists on seeing the plan. For positions below the executive level where use of a financial planner is not the usual practice, you can change “planner” to someone with whom we can all relate, such as “my obnoxious brother-in-law, who happens to be a financial planner…”

• Don’t discriminate against yourself. Take an honest look at your current skills and capabilities. Then only apply for jobs you know you can do. Don’t try to do more than you are able to handle—or settle for less (unless, of course, the point for you is you want to handle less).

• Your field. Consider whether you want to remain in the general field in which you have been working, or whether this is the time to change.

• The way in which you work. Don’t be bound to the concept of a full-time job or even going to an office.

• Relocating. Maybe this is the time to move to the place where you’ve “always wanted to live.” If you are considering relocating to seek or accept a job, determine what it will cost to live in the new location before you make the move. You may find that an apparent increase in salary really results in a decrease in your standard of living. If you need help in crunching the numbers, there are companies that will help such as Right Choice, Inc., 151 Woodland Meade, Suite 4, South Hamilton, MA 01982 (800-872-2294). You can access the classified ads of major newspaper dailies through the Internet. For smaller papers, AdOne Classified Network links the electronic classified sections of community newspapers across the country (see www.adone.com). Also, check out the Monster Board at www.monster.com, a free Web-based career search site. It has more than fifty thousand job postings in different locations.

• Volunteering. If wages and benefits are not an issue right now, consider working as a volunteer or as an intern.

• Working more than one job. You may even want to do two jobs, one for yourself and one for an employer while your own idea is getting off the ground.

• Large corporations and the government. Both large corporations and the government offer a sufficient variety of jobs to make it possible to find fulfillment. They also tend to offer a wide range of benefits, usually without an exclusion for preexisting health conditions. In fact, a new job with the federal government includes the right to sign up for life insurance with no questions asked in an amount equal to a multiple of your salary, as well as health coverage.

• Independent contractors. Try to get hired at a full-time job for the minimum period of time that makes you eligible for your state’s various programs. For example, in New York, if you work as an employee for just eight weeks, you are eligible for New York’s short-term disability coverage. Even though the maximum benefit is only $170 a week for six months, that means over $4,000 to you.

4.3 Tips for a Job Interview

Don’ts.

• Don’t volunteer health information if no one asks. You have no legal responsibility to mention your health history unless it directly relates to the job you seek.

• Don’t lie about your medical history if an employer or an application asks you directly. Lying could be grounds for dismissal, regardless of the subject matter.

Dos.

• In case you are asked an impermissible question about your health, it is a good idea to be prepared with your answer. Be confident and avoid sounding defensive.

• I suggest starting the answer with something like, “You and I both know you can’t ask me that question, but I’ll answer it anyway.”

• Answer truthfully.

• Stress your current abilities to do the job.

• As an alternative to answering the question directly, the National Coalition for Cancer Survivorship has prepared this response: “I currently have no medical condition that would interfere with my ability to perform the duties of the job for which I am applying.”

• In case you do discuss the specifics of your condition, have with you a letter from your doctor (on office or hospital stationery) that explains your health situation for employers. The letter should include a description of your physical ability to perform the type of work you are seeking. If you are in good health now, the doctor should verify your good health in the letter. The doctor also may include statements about the documented work ability of survivors of your condition nationwide. Even if you decide that you do not want to share this information with an employer, knowing that you have it when you need it can provide peace of mind in a job search. Caution: ask your doctor not to include this letter in your file in case you later want to sell any life insurance coverage while working.

• Be sure to make notes after you leave the interview and keep them in case you need to file an ADA claim.

• Consider working with a job counselor, who can help you prepare fully for your job search and interview.

• Organize your résumé to your best advantage. For example, a chronological résumé may raise questions if treatment or recovery interrupted your career. To avoid highlighting those gaps, you might organize your résumé by skills or achievements instead of by dates of employment.

• If you’re over fifty, play down your age when preparing your résumé by not including your birth date or the year you graduated. Only list the last fifteen or twenty years of experience. Emphasize your up-to-date skills such as with computers.

Think about.

• If you are angry or depressed, work through those feelings before you start dealing with other people who may be in a position to hire you. Otherwise, that anger may hamper your efforts. Try doing mock job interviews with a friend so that you can practice what to say and what not to say.

• How you would respond to being asked, “Tell me about yourself”? Create an answer, then videotape yourself saying it. The answer should convey solid confidence, knowledge of your skills, experience, and what you want to contribute to an organization. Critique the tape with a friend. Remember, enthusiasm and a positive mental attitude are contagious and appealing.

Talking salary with a new employer. Try not to specify a figure. Get the other person to mention one first. If the employer asks, evade the question with a statement such as, “The salary in my last job is not relevant because the job I did there was very different from what I’ll be doing for you.” Instead, ask for the company’s salary range. If there is none for your position, ask for the salary range of workers who would be reporting to you. And be sure to ask for a performance and salary review in six months.

Kathy Strickland, an internationally renowned outplacement expert, suggests, “If they ask how much you made in your last job more than twice or seem annoyed, then answer. Do not lie.” Ms. Strickland also suggests that before the interview, in order to be comfortable with talking about money, practice saying the amount you earned in front of a mirror or on a videotape. “Money is the most sacred topic in our society, even more than sex. We give ourselves away through cues other than the words we say, such as stammering. Talking about salary is a difficult thing for any of us to do.”

Salary includes benefits. When considering whether a salary offer is fair, be sure to add in the value of the benefits. Asking about the “value” (i.e., amount of money you would have to pay to get the same benefits) may be a way of introducing the subject of the benefits and details.

Tip. In your new job, sign up for the maximum benefits for which you are eligible. If you do not sign up within the time specified for new employees, a physical will probably be required before you can obtain the coverage.