Job Seeker Shouldn’t Downplay Integrity

Q: I was terminated from my job because I refused to work for a supervisor that I--and the heads of the company--knew was engaging in illegal and unethical behavior.

I’m not sure how to respond when I’m asked why I left. I don’t want to come across as a troublemaker, but I feel I’m being penalized for my integrity. What should I say?

Second, I’ve been out of work for five months, and I probably will have to take a job well below my qualifications. I feel most employers won’t talk to me because of my qualifications (figuring I won’t stay). Is it acceptable to omit my doctorate and to downplay my prior jobs?

If not, how do I get my foot in the door?

--J.A., Santa Ana

A: If you are asked in a job interview about your educational background and work experience, or why you left your previous position, you need to be honest.

You seem to place high value on integrity and ethics, and I would expect that you want to maintain those same high standards in your own behavior.

Certainly, it’s possible that a potential employer might jump to the wrong conclusion that you are a troublemaker. However, many employers place a high value on integrity, and would look positively on your decision to leave your previous job.

Similarly, an interviewer could infer that you are overqualified and could leave for a better opportunity, but many employers would take that risk in exchange for having a highly qualified, experienced worker for some period of time. Indeed, in today’s climate, it’s often unrealistic to expect long-term or “lifelong” employment.

The best thing for you to do in this case is to continue to be open and upfront with potential employers. Let them know your expectations about potential positions.

Obviously, if you are applying for jobs for which you are overqualified, you have lowered your expectations concerning compensation, duties and the like.

Honestly communicate your expectations and circumstances to potential employers. I can assure you that there are many employers who would be glad to hire you.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Attorney Fees Limited in Workers’ Comp Cases Q: I am having difficulty finding an attorney to represent me in a workers’ compensation case. I understand that workers’ comp attorneys do not get paid unless they win the case.

I have been turned down by three attorneys so far, probably because they were uncertain that they could win. This is not a “level playing field”--employers do not have the same problem.

How do I get to be represented by an attorney?

--J.D., Orange

A: According to state rules, workers’ compensation attorneys can only charge a certain percentage of what they recover on a case for attorneys’ fees. That is much less than is normally charged by personal injury attorneys on a contingency fee, in which they receive a percentage of the amount recovered.

Accordingly, workers’ compensation attorneys may be much more selective in accepting a case. They may not be considering only whether they can win. Even a strong case in your favor may not be attractive to a workers’ compensation attorney if it is only bringing in a small amount of money for the work involved.

Not all attorneys look at cases the same way, however. There are many workers’ compensation attorneys available who have different standards in accepting cases. Continue to interview other potential attorneys who might consider taking your case. You also could contact the bar association in your county, or an attorney referral service, for names of more attorneys.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Is Salesperson Entitled to a Minimum Wage?

Q: I’m a salesperson for a large auto dealer. They have a policy of charging every salesperson $30 a month (after taxes) for administrative costs. They also deduct for the costs of business cards and a pager.

We receive commissions, paid twice a month, but if deductions are more than the commission it is not unusual to receive no pay, even after working 110 hours during those two weeks. Aren’t salespeople entitled to at least minimum wage as well as overtime?

--J.J., Calabasas

A: Assuming that you work at your employer’s facility, are not an outside salesperson and are not an independent contractor, you are entitled to minimum wage. Whether you are also entitled to overtime compensation depends on whether (a) you receive at least half of your income in commissions, and (b) the amount you receive each week is at least 1 1/2 times the legal minimum wage for all hours worked. If your commissions meet those criteria, you are not entitled to overtime. If they do not, you are.

But the employer’s practices do not seem lawful, no matter what wage you earn. Employers are not permitted to require their employees to purchase items of value from them. Moreover, employers are obliged to reimburse their employees for all sums the employees necessarily spend in performing their responsibilities.

Employers also must provide employees with all tools and/or equipment necessary to perform their duties. There is a limited exception to this obligation, but it does not seem applicable in your situation.

You should point that out to your employer. If the employer refuses to change, contact the Division of Labor standards Enforcement or a lawyer.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to [email protected]. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.

More on Overtime

* Times on Demand has prepared three pamphlets based on the Shop Talk column. They are answers to readers’ most-asked questions on overtime; unemployment insurance, terminations and medical leave; and job benefits. To order, call (800) 788-8804. Each pamphlet costs $5.41, plus 50 cents delivery. Please allow two to three weeks for mail delivery.