Company Policy-Non Smokers only. Get to the interview on time and prepared.

The MTSG View

On
business, the workplace and employee relations

March, 2008

Company
Policy: No Smoking While Off the Clock

While smokers may cost their employers big bucks in terms of lost
productivity and medical expenses and employers have a right to prohibit
smoking on their premises, a recently decided case serves as a warning to
employers: Don't try to restrict employees from smoking while off duty

The case arose after the Scotts Company, the lawn and garden products marketer,
instituted a policy prohibiting workers from smoking tobacco anywhere at any
time, including outside of work When an employee of the company failed a urine
test for nicotine he was fired The
worker sued Scotts, claiming that the firing violated the Employee Retirement
Income Security Act (ERISA) because it prohibited him from participating in its
benefits plan The court dismissed the worker's claim that he had been
wrongfully terminated under Massachusetts state law But it allowed him to
proceed with his claims for invasion of privacy under the Massachusetts Privacy
Act, along with his claim that the company had interfered with his ability to
receive his employee benefits under ERISA

ERISA allows employers to adopt, modify, or terminate their benefit
plans It does not allow them to terminate employees who participate in the plan
as a way to interfere with the employee's rights under the plan That means an
employer could be on the hook if it fires a smoker to avoid having to fund his
or her employee benefits The company could also be found liable for violating
ERISA if it fires a worker because he or she expects to file a claim for
benefits or becomes eligible for benefits under the employer's plan

It's important to note that at this point the court only ruled against the
employer's request to dismiss the case Pending further discovery of the facts,
the employer could ultimately win the case Still, while employers can continue
to have confidence in their policies restricting smoking at work, they should
think hard about trying to prevent employees from lighting up when they are off
the clock

Bring Your
Resume Check Directions Tuck-In Your Shirt!

You've landed the perfect
interview You're psyched about the prospect of working for this employer and
you believe that you're the perfect candidate for the job But, before you
convince yourself that it's in the bag, consider some last minute preparations
For instance:

Print
several copies of your resume and reference sheet You never know how many
people you will be interviewing with, and you want to make sure you can hand
them all a copy of your resume and references if they ask for them Put your
resume and references in a folder, and remember to also bring a pad of paper
and a pen with you

Visit
your prospective employer's website Take a look at the organizational
structure and think about how you may be able to cross-utilize your skills to
assist each division in reaching their respective goals Also, be sure to check
out the "About Us" page because it likely will give you an overall sense of the
company's mission, initiatives, and goals

Write
down your answers to some frequently asked questions You're bound to be
asked some version of the following: What are your strengths? What are your
weaknesses? What has been your biggest employment challenge to date and how did
you effectively handle it? What has been your biggest employment success to
date and why? Why do you want to work for this company (what skills and
experience can you offer to this employer)? Questions like these can leave you
fumbling for answers if you haven't taken some time to think about your
responses prior to attending the interview

Jot
down a few questions you have for your prospective employer Use the
employer's website as a resource for generating your questions This can be a
subtle and effective way to let the employer know that you've researched its
mission and initiatives and that you are really thinking about how you could
proactively contribute to its goals

Allow
yourself enough time to get to the interview Plan on getting to your
prospective employer's office a half hour before your scheduled interview (If
you're not sure where the office is, do a dry run the day before) You don't
have to make an appearance in the office this early; simply sit in the lobby or
grab a coffee in the cafeteria or from a nearby coffee shop and collect your
thoughts and review the answers to the questions you considered Head up to the
office about 10 minutes prior to your interview

Before
announcing yourself, take a trip to the rest room for a last minute check
of your appearance

Relax!
It may seem easier said then done, but remember to breathe If your mouth is
dry, don't be afraid to ask for a glass of water The more comfortable you are
leading into the interview, the better you will do

More
Time Off For Service Families

Recently, President Bush signed an amendment of the
Family and Medical Leave Act (FMLA) into law, which affords military services
members and their families additional entitlement to time off The FMLA
provides eligible workers with the right to take up to 12 weeks of unpaid leave
to receive medical treatment for a serious medical condition, to care for an
immediate family member suffering from a serious medical condition, or for the
birth or adoption of a child To be eligible service member must be employed
with companies that have 50 or more employees and they need to have completed
1,250 hours of service in the 12 months preceding a leave request The
amendments, which are part of the National Defense Authorization Act, also give
members of the Armed Forces and their families the right to request unpaid
leave

Specifically, the amendments allow for up to 26 weeks
of leave for circumstances that arise out of a service member's active duty or
to care for a service member who is injured in the line of duty The amendments
extend the benefits to "next of kin" or nearest blood relatives (Under the
original FMLA, next of kin is not a class of individuals who are entitled to
coverage) Also, an employee who wishes to take leave pursuant to the
amendments must provide notice of the intent to take leave due to active duty
as soon as it is "reasonable and practical" to do so

In light of the changes, employers should review
their leave policies and consult with an attorney to make sure that they are in
compliance with the law The Department of Labor (DOL) has issued proposed
regulations that will implement the amendments; therefore, employers should
also visit the DOL's website for information on its pending regulations Go to http://wwwdolgov/opa/media/press/esa/ESA20080198htm
for more information

Network Effectively By Knowing the Pros

Whether you're a first time job
seeker or an established professional, networking has its benefits You can
build your social network one spoke at a time or you can essentially add entire
hubs by linking with the right people Surgeons, Latin professors and relief
pitchers don't rely on connections to succeed But in other professions success
depends upon knowing as many people as possible Get to know these people and
expand your own network

Restaurateurs Good restaurant owners cultivate contacts because
they want a steady clientele Think about places you frequent Make a
connection with the owner by complementing the service or the food

Headhunters Recruiters and job placement counselors are
professional matchmakers They need to know people Know them and get an early
jump on where the openings are

Fundraisers Their job is to solicit money from people and the good
ones are always circulating If they don't have a big Rolodex, they aren't
effective Think about people who raise money for nonprofits, schools or
political campaigns

PR People They need to network with the media and potential
clients Go to any luncheon, business reception, political roast or charity
golf tournament and you'll find a PR person networking

Journalists Good reporters work hard to develop sources for their
information But they're also magnets attracting people who'd like to suggest
an item for their publication or appear on their broadcast themselves