Random Thoughts – Randocity!

Spotting a Liar

Posted in advice, analysis, mental health by commorancy on June 15, 2019

pinocchio-knowsRecently, I’ve come across a book by Pamela Meyer entitled Liespotting: Proven techniques to Detect Deception released in 2010. Unlike Pinocchio, determining if a human is lying is quite a bit more complicated. While this is not the only book involving the topic of lie detection, let’s review Pamela Meyer’s visitation of this topic and of the act of deception itself. Let’s explore.

Lies and Deception

Let’s open this article by talking about Pamela’s TED talk. The difficulty I have with Pamela’s TED talk, which was apparently meant to simultaneously accompany and promote her book, was her seeming lack of expertise around this subject. Oh, she’s certainly knowledgeable enough… but is ‘enough’ really enough? It seems that her corporate America stint has led her to using these techniques to ferret out suspected liars from truth tellers. While that’s a noble reason to go into writing a book, it doesn’t make you an expert on the subject. I will fully admit now that I, like Pamela, am not an expert on the subject of behavioral psychology. Only a trained professional should be considered an expert on the art of detecting lies and detecting body language clues. I leave that to the experts. And even then, this art is so nuanced that detecting a lie could mean the difference between indigestion and actual lying.

The difficulty I have with Pamela’s book is that she focuses on trying to catch people in a lie whom are unwittingly using verbal and body cues that tell a different story. Her methodology suggests and implies that you’re planning to sit in a room with that person for potentially an hour (or longer) and have a conversation. Okay, so maybe ‘conversation’ isn’t the right word. Maybe the right word is ‘interrogation’. Or really, the correct word is probably ‘grill’.

If you’re planning on sitting in a room with a suspect grilling them for a lengthy period of time and asking all sorts of pointed questions, perhaps you can eventually catch someone in a slip-up or even multiple slip-ups. Even then, you have to question whether that ‘grilling’ methodology can really uncover a definitive measure of lying. Even more than this, is ‘grilling’ a practical methodology to employ in everyday use? Perhaps it is with your children if you’re trying to get to the bottom of who broke the lamp. But, would you ‘grill’ your friends? A co-worker? Your boss? No, this methodology is not in any way practical. Practicality aside…

In her TED talk, she discusses looking for ‘clusters’ during these question ‘sessions’. Seeing many telltale behaviors in a row may indicate deception. Though, is it really deception, is it fatigue, is it simply a person’s idiosyncracy, is it indigestion or is it, indeed…

Coercion?

The longer you sit with someone in a room interrogating them, the more it becomes about coercion. There’s a fine line here. While Pamela may not have called this aspect out, it’s a line that can easily be crossed when interrogating someone at length. At some point, you have to ask if the “cluster of mistakes” the person seems to be making is attributed to lying or coercion? With enough questions and time, you can actually get someone to confess to something they didn’t do simply because they wish to end the conversation and get out of there. Fatigue and boredom easily causes people to make mistakes, particularly when you ask the same questions over and over and over. Coercion, like lying, is part of human nature. In fact, I’d consider coercion to be the flip side of lying.

If you know the person and interact with them daily, you would know how they “normally” behave. You can then tell when they do, say or act in a way that’s somewhat off. If you’re talking to someone you don’t know, you have no idea of their personal behaviors… so how can you spot clusters of anything? Even then… if you think (and the key word here is “think”) you have spotted deception, what do you do?

Spotting a Lie…

is half the battle. The other half is what you choose to do with that information. Do you leave and go grab a pizza and beer and forget all about it? Or, do you confront the person? Confrontation is not likely to get you very far.

Pamela’s book seems geared towards brokering corporate business deals. I’m not sure exactly how useful her information would be in corporate business considering that the majority of corporate executives are not only pathological themselves, but many are also sociopaths and/or narcissists. Few CEOs actually care about their underlings. Additionally, C-Level anybody is not likely to sit long enough to be ‘grilled’. Perhaps they may be willing to submit to being ‘grilled’ under certain business conditions of duress. For example, if a CEO’s company is failing and there are millions of dollars at stake needed to revitalize a failing company, then they might be willing to sit through a grilling session by investors. However, they might not. So, again, I question out how useful her information might actually be in corporate America employed at an executive level?

Certainly, at corporate meetings and outings, executives put on a good face. But, don’t kid yourselves. They didn’t get to be a CEO without being some measure of ruthless and sociopathic. No, it also follows that most of these CEOs lie through their teeth when at corporate meetings. If they’re on a stage professing the latest greatest thing the company is offering, they’re simply telling you what you want to hear (and, more specifically, what they want you to hear). Personally, I’ve worked in many businesses where CEOs say things at a corporate events that, in fact, never take place. In fact, I already knew it was a lie the moment it was said. It’s not hard to spot when a CEO is lying to the company. Perhaps I’m being a bit too cynical here, but I don’t think so.

Another example, when the CFO takes the stage and begins is talk about finances, you can bet there’s information on his/her spreadsheet that’s not accurate, or indeed is not even there. This is the lie that corporate executives tell often. They want you to think the company is “on target”, is “doing well” and is “making money” even when things aren’t nearly that rosy. You simply cannot believe all of the “rah-rah” that corporate executives tell you at events. If you do, you’re extremely gullible. Nothing is EVER that rosy… or as another idiom goes, “There’s two sides to every coin.”

That not to say that all CEOs lie all of the time. But, they certainly are masters at withholding key information from the common folks in most organizations. Withholding key information is a lie, make no mistake. If a company insists on “transparency” in its business operations, you can bet that CEOs won’t apply transparency to their own business decisions. However, this is getting off into the deep end of the psychology of corporate business America. I could write a whole article, perhaps even a book, on this subject alone. For now, let’s move on.

Being Caught

You think you’ve caught someone in a lie? The question remains… what do you do with that information? Do you confront them? Do you walk away? Do you ask them for the truth? And, these are all questions, choices and decisions you’ll have to make for yourself. Knowing that someone is lying is entirely different from acting on that information. How do you act when you think someone is deceiving you? The answer to this question depends on where the lie happens.

If the lie is in your personal life and it involves a personal relationship, then only you can work it out with your partner. If your relationship is supposed to revolve around truth and trust, then it’s probably worth bringing it out into the open to discuss it.

If the lying involves a co-worker or boss at your company, then you have to make the decision how this affects your ongoing position at that company. If it’s a small lie that really doesn’t affect you personally, walk away and forget about it. If it’s a large lie that could easily jeopardize your position at the company, then you need to take steps to both protect yourself and distance yourself from that person. In this case, it’s worth having a sit-down with your manager and explain what you have uncovered and why you believe it’s a lie… bring proof if you can find it.

If it’s a lie that involves and may materially impact a business deal, this is difficult to offer a suggestion here as there are many forms of this which would require me to go off into an extremely long tangent and could significantly impact corporate legal agreements. In fact, maybe I’ll circle around to this topic and write an individual article involving corporate lying, legal contracts and business deals.

Deceit, Deception and Lying

With that said, I’d like to get into a little about the ‘whys’ of this topic and types of lies. Why do we lie? Two reasons: 1) To protect ourselves and/or 2) To protect someone else. Yes, that’s the primary reasons that we lie. Though, there is also a third category. The third type are those who are pathological. They lie because 1) they can and 2) because they find it fun.

Basically, there are two types of liars: 1) the ordinary liar and 2) the pathological liar. The “ordinary” liar is the person you’re most likely to meet in a lie. The ordinary liar is also more easy to spot. The pathological liar is less likely to be seen or caught. Don’t kid yourself, some co-workers are pathological liars… and these are the ones you need to completely avoid. Pathological liars will basically stop at no lie to get what they want. Many pathological liars are also ruthless sociopaths and/or narcissists, so don’t get in their way.

There are many types of deception, not just verbal lies. There is also deception by lack of information… or, what they aren’t telling you. Company executives are brilliant at this strategy. Withholding vital information from folks is the way they keep what they know limited. It’s also a way that many corporations choose to do business with customers. Lies sustain corporate America. In fact, you’ve probably been told a lie by someone selling you something… simply so you’ll buy that product or service. It’s not about what they are telling you, it’s about what they aren’t telling you.

Internally, companies also lie to employees. As an example, a company where you work may have rumors of “going public”. The executive team will not officially announce any information about this until it’s considered “official” and “unstoppable”. The difficulty I have with this process is that if I’ve been given ISO stock, I’m a stockholder. I should be kept informed of when or if the company chooses to IPO. Being left in the dark is not good for shareholders. Yes, this is a form of a lie. Withholding information from someone even if they have asked you pointed questions is lying.

Credentials and Lying

Here’s yet another type of deception… and it’s extremely prevalent in the self-help industry. Many people profess to have knowledge of things they do not. Again, Pamela Meyer is from a corporate business background. She does not have a medical or science degree. She can’t claim to have medical behavioral psychology training. Yet, here she is writing a book about this topic as though she does. Yes, she does carry a Ph.D. That means she has a doctorate of philosophy. That is not a medical degree… and even then, calling someone a ‘doctor’ who carries a Ph.D is dubious at best. The word ‘doctor’ is primarily reserved for those folks who are medically trained professionals and who carry, for example, a medical degree such as M.D., D.O. or even a D.D.S. These are folks who spent significant time not only in medical school, but have served at a hospital to solidify their medical training. For doctors licensed in psychology, that would be a Phys.D degree. Psychiatry is a totally different thing and is governed by professionals holding a Ph.D.

Carrying certain Ph.D. credentials in no way, by itself, qualifies you to write about psychological related subjects with authority or impunity. Sure, you can have an opinion on the subject matter, as we all do, but carrying a Ph.D doesn’t make you an expert. That would require medical training, and specifically, psychology related medical training.

That doesn’t mean she didn’t take some measure of psychology classes as part of her Ph.D program. In fact, I’m sure that her school’s degree program required psychology as part of its foundation class load. However, these college fundamental classes are simple basic introductory classes. These basic classes introduce you to the basics of psychology… such as terms and vocabulary with general purpose, but limited information. There’s nothing specifically introduced in these “basic” classes that would qualify anyone to be an expert covering the nuances of human behavior or teach them the detail needed to identify someone in a lie. These are all techniques that would most likely be taught in advanced behavioral psychology classes, usually only attended by students intending on graduating with a degree in and intending to practice behavioral psychology. Even then, you’d have to practice these techniques for years to actually be considered an ‘expert’.

That’s not to say that her time working in corporate America didn’t give her some valuable corporate life experience in this area. But, that still doesn’t indicate expertise in this field. And this is the key point I’m trying to make here. This article is not intended call out only Pamela Meyer. She’s used as a broader example here because she’s the most obvious example to call out. There are many forms of lying. Writing psychology and medical leaning books beyond your actual expertise level is considered disingenuous… or one might even say lying.

Even were she (or any other author writing about this topic) to have a Phys.D degree, I’d still want to understand exactly how an author had come to know this information (e.g., clinical work, working with the military, working with prisons, working with the police, etc). You know, show me years of training in and practice in this area. Even publishing journal articles, theses and dissertations in this area which have been accepted by medical publications would lend legitimacy to her ‘expertise’. Simply writing a book and having a TED talk doesn’t exactly qualify you as an ‘expert’. Though, maybe it does qualify you as an expert researcher.

Behaviors and Lying

One of the things Pamela does to solidify her credentials in her TED talk is open by discussing how “we all” perform these behaviors when we’re lying. That’s the perfect opening to get the audience to “relate to” you. After all as humans, we all occasionally lie. What’s more perfect than roping the audience in than with a blanket statement designed to make the audience immediately think she “knows what she’s talking about” simply because the information is “accessible”. Accessibility of information doesn’t make someone an expert. What she is, if anything, is articulate. Yes, Pamela is actually very articulate. However, being articulate, and I’m going to reiterate this once again, doesn’t make you an expert.

Expertise comes from training, research, publications and working in this specific area as your career choice for multiple years. She’s not a behavioral psychologist. Instead, she draws upon others works to help write her book… to flesh out those pesky details. This is typical of teachers and researchers and even journalists, not practitioners. This is the problem and the difference between the teaching profession and the doing profession. She’s a teacher, not a doer… so her advice in this area may or may not be helpful.

Lying is Rampant

One thing Pamela does get right is that lying is extremely common and seems to be more and more nonchalantly used today. We lie to our boyfriends and girlfriends. We lie to our spouses. We lie to our bosses. We even lie to our friends. The question isn’t that we lie, but to what degree. If the lies consist of the insignificant or “little white” variety, then these don’t matter.

The lies that matter are those that lose relationships, that tank businesses, that lose millions of dollars or even that cause someone to be killed. These are the lies that actually matter. Putting down the wrong information on the wrong patient chart may be unintentional, but it’s a lie that could get someone killed in a hospital. These are deceptions that where saying, doing or performing the wrong thing can get someone dead. Some might consider this a ‘mistake’, but I consider it a lie. It all depends on perspective.

What Pamela got wrong is that most lies don’t matter. Let me say that again. Most lies do not matter. What I mean is that if someone tells you they like your shoes, but in reality they’re hideously ugly, that’s a lie that is meant to help someone feel better. There’s nothing wrong in that. This is the ‘little white lie’.

Lying to a Walmart employee claiming you bought something there that you didn’t actually purchase at Walmart does monetary damage. Lying to an insurance company claiming damage or injury that doesn’t exist, that also causes monetary damage. Both of these actions are also called fraud. The lie is half the problem. The other half is proof of the lie. In Walmart’s case, if their computers were actually better than they are, they could look up the person’s recent purchase information and catch them in the lie. In the case of insurance fraud, there are private investigators.

And here’s another thing Pamela got wrong. Catching a person in the lie is enough. There’s no need to spend hours interrogating them as to “why”. We don’t need to know why. We just need to catch them in the lie. Hence, the need for private investigators who follow people claiming injury to insurance companies. The proof is catching them in the act, not spending time looking at body language and listening for verbal clues. Another phrase comes to mind, “Ain’t nobody got time for that.” It’s true, we don’t have the time to spend hours sitting in a room trying to get to the bottom of a liar. We need to get the proof that they’re lying and that proof lies (pun intended) outside of the liar. Proof is what matters in a lie, not a confession. A confession is great IF you can get it, but the proof is what tells you the person is lying, not their words or actions.

In law enforcement, getting a confession seems to be the “holy grail” out of a perpetrator. However, there’s no need to get a confession if you have proof that the person was there and did whatever he/she claimed not to have done. Considering that crime scenes can easily become tainted and proof dismissed due to ‘technicalities’, a confession overrides that red tape problem. Red tape is there for a reason, but many times it allows acquittal of someone who is actually guilty. Of course, red tape has nothing to do with lying and everything to do with law and policy.

If the person chooses to tell the “truth” and “confess” to whatever they had been lying about, that’s great. Obtaining proof is the key, not spending hours waiting on someone to squirm in just the right way only offering a possible 50% success rate. With computers becoming faster and more powerful and able to store more and more data about each of us (some of it voluntarily posted on social media), lying about certain things (DNA tests to determine relationship) may become impossible.

As detection technologies evolve and become faster, smaller and more portable, determining such information as paternity may become as easy as a cotton swab to the mouth and in minutes you’ll have an answer.

Lying has never been a crime

This subject heading says it all. It’s not the lie that’s the crime. It’s whatever the lie is attempting to conceal that may or may not be a problem. For this reason, you won’t find laws on any books that ban lying. If any legislation was introduced that actually attempted to enforce telling the truth, it would be met with much consternation (and, at least in the US, would be against the fifth amendment of the constitution — which this amendment says you have the right not to incriminate yourself).

Pleading the fifth, in the US, means that you do not have to talk to anyone about anything. Simply saying, “I plead the fifth” stops all questions regarding whatever matter is under investigation… at least when talking to the authorities. In some cases, pleading the fifth may, at least in the public eyes, make you seem guilty. If you aren’t willing to talk, then it is assumed you have something to hide… perhaps something that implicates you, thus making you seem guilty.

In the US, the tenet is, “Innocent until PROVEN guilty.” This only holds for official courts of law. In the court of public opinion, “Guilty until proven innocent” reigns. In the court of public opinion, there is no proof needed. Once you are seen as guilty, you are always considered guilty.

In a criminal court of law, the burden of proof is typically measured as ‘reasonable doubt’. The word ‘reasonable’ being the key word. It doesn’t take 100% proof, it simply takes ‘reasonable’ proof. ‘Reasonable’ is intentionally left subjective and vague and is up to any specific jury to ascertain what they consider as ‘reasonable doubt’. Indeed, some juries are sometimes confounded by the word ‘reasonable’ and rightly so. What is ‘reasonable’? The word itself means “to reason” or “decide” or utilize any similar thought process. But, what does it mean in a court of law or in legal circles? Juries are never comprised of legal professionals. Instead, they are comprised of people not in the legal profession and usually not professionals who might significantly impact the prosecution’s case. Instead, legal counsel typically appoints jury members who do not appear either biased in either direction (toward or against the defendant) and whose profession is not considered a ‘conflict of interest’.

Civil courts offer a different legal standard. In civil trials, the burden of proof is “preponderance of evidence”. In a way, ‘preponderance’ offers nearly the same vagueness as ‘reasonable’. Both are vague terms meant to be interpreted by the jury at hand. In both criminal and civil trials, these terms are intentionally so vague as to allow juries to effectively make up their own rules under “reasonable” and “preponderance” when deliberating. This allows juries the leeway to consider some evidence and dismiss other evidence. It also means that, for example, a jury has 25 pieces of evidence, but only 8 pieces are solid enough to consider. Simply doing the math, 8 solid pieces of evidence is well less than 50% of the evidence presented. Is eight really enough? If those 8 pieces basically put the person at the scene and also shows that the person’s DNA was found at the crime scene and also that they were there at the time in question, then ‘lack of reasonable doubt’ and sufficient ‘preponderance of evidence’ has been established. From here, the jury should convict on whatever counts are listed for that evidence.

Note that ‘preponderance of evidence’ is tantamount to a phrase that more or less means, ‘overwhelming’ or more simply ‘enough’. The ‘preponderance of evidence’ phrase implies looking for ‘more than enough’. With ‘reasonable doubt’, it implies the opposite. The jury should be looking for ‘reasonable doubt’ or ‘not enough evidence’ to convict. In civil cases, juries (or a judge) would need to look for ‘preponderance’ (or more than enough) evidence to convict. Both result in the same outcome, conviction or acquittal. It’s just that the way the jury is directed to act is slightly different based on the legal phrasing of the burden of proof.

What that all means is that the ‘laymen’ folks who are chosen for a jury typically are ignorant of laws and legal proceedings. They are there because they don’t have this knowledge. They can then remain impartial throughout the trial by reviewing all of the evidence presented in a ‘fair’ and ‘just’ method. Yes, they can even use some of the verbal and body cues of the defendant to determine if they ‘feel’ his body language is indicative of lying, which could sway their view of ‘preponderance’ or ‘reasonable’. In civil trials, juries are reminded to rule based on “preponderance of the evidence”. In criminal trials, juries must rule based on “reasonable doubt”.

What does this all mean? It means that in a court of law, while you could use some of these lie spotting techniques to determine whether a defendant is telling the truth, what makes the difference is the evidence presented. The evidence is what catches someone in a lie… particularly when they don’t confess.

For this reason, legal court proceedings require burden of proof for juries to ponder during deliberation… rather than using hunches, intuition or gut feelings.

Local Friendships

Back at home, we don’t have to judge our friends based on vague legal terms. Instead, we have to use our own critical thinking skills. This is where you can use and apply lie spotting techniques (which, if you have noticed, I have not included in this article intentionally), to spot a friend, co-worker or boss in a lie. Again, it’s up to you what to do with that information once you spot it.

If lying or telling the truth is an important concept for you, this article might not make you happy. You should understand that lies are everyday things told to us by even our closest friends. If you get worked up at the thought of someone lying to you, you should probably learn to relax more. Lies are something told by many people every day. If you’re a bit uptight at learning this, you might want to forget all about this article and go on with your life oblivious. After all, “ignorance is bliss”.

We don’t have to use juries or law books to judge our friends. We use our instincts and common sense. If you add in a little behavioral profiling (yes, it is a form of profiling) you may be able to determine if that leg twitch or nose itch or eye glance or finger motion is a telltale sign of lie. As I said, most lies are insignificant in the grander scheme. Learning to let these things go or, as another phrase goes, “don’t sweat the small stuff” will let you remain a happier person. Nothing in life is ever perfect. Nothing. Not relationships. Not people. Not actions. You have to expect that anyone around you will not always do things for your benefit, not even your spouse. You have to be willing to understand this and compromise by ignoring these lies.

If a lie is something you can’t ignore, particularly a life changing event (birth of a child), then that’s where you must stand up and take responsibility for your own actions… or confront someone about their actions.

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Careful what you say

Posted in botch, Employment, tips by commorancy on May 26, 2019

angryguy2This story is about a co-worker at a previous job. I won’t name any real names or the company or describe him in detail, but I will explain the situation, which is most important for this article. Let’s explore.

Flowery Explicit Language

I’ve worked at various Internet companies and occasionally I run into co-workers who choose to use flowery explicit language while at work. In most cases, that language is a form of expression, usually reserved for exasperating circumstances. You know, when something goes wrong and you might yell, “shit”.

Well, a particular co-worker, let’s call him ‘J’, used this language casually and at all times. I thought it a bit odd, because I’d never met someone who did it so often and so casually in a professional workplace, particularly as loudly as he did it.

Before I go any further, I’ll explain that J wasn’t a native English speaker. He also wasn’t American. I had personally attributed his tactlessness, loudness and language to his personal nature (read: upbringing). With that said, I’ve met many people of J’s nationality and many of this nationality worked at this particular company. By and large, most of the people I’ve met of his nationality were cool and collected. They didn’t use such language at all (or very, very rarely). However, J had a mouth on him like you might expect on, well let’s just say on someone “low class”. It was particularly surprising to hear this language from someone in his situation (no green card, needing sponsorship, here on a work visa) and position. His language was always a bit like “Throwing caution to the wind”, in other words, risky. I always felt that he should have been a bit more cautious considering his personal work circumstance and that the workplace staff didn’t often use this kind of language. It was an odd mix for J, but apparently he was set in his ways.

I even politely commented that he should reserve these colorful expressions to more appropriate times rather than using them all of the time. I even told him he should be careful when using these expressions around the office as it’s likely to get him into trouble… and so begins this story.

Reading Your Environment

I’ll take a brief detour before continuing on with my story. When you hire onto a workplace, you should always go into observation mode for at least a couple of weeks. This observation period allows you to “read” your environment and understand what is considered acceptable and what isn’t. You don’t come in with mouth ablazin’ shooting off all manner of colorful expressions. Instead, you learn to read the staff, the behaviors and the acceptability of that kind of expression.

Some businesses have managers who are very verbally expressive with expletives. Some businesses do not. Reading the environment is the only way to determine if such behavior is considered ‘normal’ at that place of business. In general, it’s not typically considered professional or acceptable language and you should always choose not to use colorful expressions at all. However, if you find your manager uses them at times, then it’s not off to use them yourself if you’re so inclined. Your manager probably won’t even care if he/she also uses expletives.

Unfortunately, certain employees don’t understand this concept of “reading your environment” when they begin new employment. J was one of these folks and remained completely oblivious. Let’s continue with this story…

Executive Bailout

Our company had had a particularly successful last 18 months. However, all good things must come to an end, and so it did. First, the CEO announces his departure. Then, a number of other executives also announce their departures. An interim CEO is named and he takes over as CEO immediately after the other CEO announces.

My team was led by an executive VP who, at the time, had been simply going through the motions for the last 12-18 months. At first, this executive was highly motivated, on-board, and extremely engaged with everything and everyone. By the last 18 months, he had more or less checked-out. He no longer kept up with the day-to-day operations, he didn’t really much care how the department operated (other than not wanting to see it melt down, of course) and he no longer took an interest in the team. He was simply disengaged and “going through the motions”. I saw it and so did everyone else. So, it wasn’t a surprise what happened next.

Mandatory Meeting

We were called, as a department, to a large open presenting space in the lobby of our company’s building. At the time, we had no idea as to the reason for this impromptu “all hands” meeting, but I had my suspicions as to what was coming as we had had many of these in the last few weeks. I didn’t make any snap judgements as we had also had some of these meetings that simply ended up new product announcements, rah-rah sessions or other random weird (and unnecessary) company “all hands” announcements.

As I showed up a bit early, I was able to get a seat. Unfortunately, not so with everyone who showed up later. In fact, by the time the presentation started, it was standing room only and many were standing around the entire perimeter of the room, including in front of the two main double doors. For an impromptu meeting, it was really the only large-ish space the company had and it was well overfilled.

Anyway, the room fell silent and the executive who was disengaged took the stage and began explaining that he would be departing. No surprise there. After a few rah-rah type statements from him to try and keep the team motivated, the interim CEO took the stage, announced this now-departing executive’s replacement and began well wishing and additional rah-rah messages.

After it is all over (about 15 minutes later), we exit the room and head back to our desks to continue with our day on that news. The meeting had convened early, around 9AM… so we had a full day of work ahead on that “exciting” news. On the way back to our desks, I spoke with J in the elevator. We had a quick conversation about this executive’s departure and he was, as usual, using his standard flowery expressions in the elevator. Since we all knew one another, nothing here was a surprise. I even had a few more conversations with J before the end of the day about meeting up tomorrow and at this week’s wine event. At this point, nothing seemed out of the ordinary (other than this latest executive’s departure news).

Surprising News

On the following day, I noticed that J was no where to be found. He wasn’t at his desk. I needed to talk to him about a project we had both been working on. Because my direct boss was also his boss, I asked my boss where he was. I was told he was no longer with the company. That was a surprise much more than the disengaged executive’s departure.

I was a little bit in shock. My boss offered no additional explanation other than he was no longer with the company. It was an abrupt change that I didn’t see coming… at least, not at that moment. Usually when staff are let go, there’s a process… typically involving a probationary period. I didn’t think that J was currently on any kind of probation or performance plan. Even though he did rub a lot of people the wrong way, it didn’t really much seem to affect his job. At least, the people in my department were tolerant of his behavior, and had grown accustomed to it. It was definitely a surprise at his departure.

In fact, my boss actually seemed surprised at the news when he told me. His voice and words implied to me that he had nothing to do with J’s departure. In other words, my boss’s tone and words told me he hadn’t fired J. Instead, something else had happened. This is where things get interesting…

The Full Story

We had a regularly scheduled after-hours wine event once every couple weeks where we could unwind, meet people from other departments, drink a little wine, snack and, of course, chat. This wine event was already scheduled a day or two after this disengaged executive departure announcement. This executive even attended briefly. In addition to consuming choice wines, obviously, we’d chat about whatever was on our minds (i.e., company gossip). As the wine took effect, so did the venting. Sometimes the conversation was about the office. Sometimes it was about world events. Today, we chatted about all of the departures, including J’s.

At this wine event, even though my boss had been extremely tight lipped, the beans were spilled as to exactly what happened with J by an attendee (not my boss). Here’s how the story went…

Let’s go back in time to the presentation…. As I was comfortably sitting in my seat awaiting the presentation to begin (probably working on my laptop), J was standing by the entry doors. He was apparently holding onto one of the door handles. The presentation starts and the disengaged executive begins his departure announcement.

At this point, someone opens the main entry doors where J is standing and holds the door open. Because there was some commotion outside in the echo-filled lobby preventing him from hearing the presentation, J, who gets irritated and triggered way too easily, chimes in and says, “Close the f*cking door, dumb*ss!” (or something very similar) rather loudly and without looking. He might have even said something more demeaning to the person, but this is what I had heard that he said.

Needless to say, the person holding the door open was none other than the brand spankin’ new interim CEO himself. At the time, the then CEO ignores the comment, enters the room, walks to the front and begins his speech. He finishes up and exits through the side door as if nothing happened.

Here’s where things get interesting. Immediately following the announcement, the CEO (and this is according to those at the wine event) walked over the HR to first identify J and then he requests J’s termination. J was gone the following day.

My boss told me none of this. Whether he knew the details, I have no idea. He wasn’t the one who told the story. This was from another person at this wine event who apparently had close ties to the HR person.

After speaking with J later, I had come to find J had no idea what went on or why he was fired. According to J, one day he was there, the next day he was gone. He doesn’t get it. Either he’s thick and can’t recall what he says or he’s feigning ignorance at what he did. I’ve spoken with J several times, even meeting at a restaurant for dinner, and he still doesn’t seem to get it. In fact, I’ve disclosed none of the details to him for fear he’d go do something stupid. He’s not only abrupt with his language, but he’s also a bit of a hothead with a temper. It’s also not really my place to tell him as I didn’t actually witness the event. I was sitting in my seat not watching the rest of the room. I’m getting this information from a third party. However, it does make perfect sense based on J’s personality.

The moral of this story is, if you’re at work, always use professional language at all times and …

Careful What You Say

If you’re thinking of using flowery explicit language (or you do already) at work, here’s an example where it can easily backfire. Everyone gets frustrated when things don’t go as planned. That’s to be expected.. and even a flowery phrase or two directed at the situation might even be expected, if not warranted. However, you should never direct flowery explicit expressions at anyone at your workplace, especially if you can’t see the person. You never know just whom you might have insulted.

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Gaslighting in the Workplace

Posted in advice, Employment, workplace by commorancy on April 10, 2019

Gaslighting is nothing new, but is a term that may be new to some. However, when it appears in the workplace, particularly from a boss, it can lead to exceedingly an difficult workplace situation. Let’s explore.

Gaslighting and How To Recognize It!

Gaslighting is when a co-worker or boss says something on Monday and then says, “I never said that” on Tuesday. Effectively, it’s lying. Its saying one thing (or even making a promise), then claiming that thing was never said.

What’s the purpose of this behavior? To attempt to make you, the receiver, believe what they want you to believe and to avoid the ramifications of whatever it is they said earlier. Some claim it’s a form of manipulation or that it is used as control tactic to confuse. I personally believe it’s a way for that person to get out of trouble or avoid being held to a promise. It’s a self-centered way of thinking. While it might be used for manipulation purposes, I believe it’s more self-serving than it is to control another person. However, this behavior can be either intentional or inadvertent due to a medical condition. Either way, it’s a problem for you, the receiver.

Co-workers and Gaslighting

If you’re working with a gaslighting co-worker (non-management peer), the situation can be a bit more simple to handle. Simply request that you don’t work with that person. Most companies are willing to separate folks with personality conflicts to avoid HR issues, so request it. However, be sure to explain to your Human Resources team member that the person is gaslighting you regularly. Make sure they understand the severity of gaslighting (a form of lying) in the workplace and that it has no business in a professional working relationship. Lying in any form is an unacceptable practice, particularly when it comes from folks in positions of trust. It also brings in the issues of business ethics against this person.

Lying and trust are exact opposites. If the person is willing to lie to colleagues, what are they willing to do with clients? Point this out. However, if you do point this out to HR, be aware that they can confront that person about this behavior which might lead them back to you. This person, if charming and charismatic enough, may be able to lie their way out of it. So, you should be cautious and exercise your best judgement when considering reporting a person, particularly if the person is pathological.

Bosses and Gaslighting

Unfortunately, if the gaslighting is coming from your boss or your boss’s boss, it’s a whole lot more difficult to manage. You can’t exactly ask to be moved away from your boss without a whole lot of other difficulties. In fact, many times, there is only one boss who handles your type of position within the company. If you find it is your boss who pathologically gaslights you, you may need to consider moving on from that company as there may be no other choice if you wish to continue working in your chosen career.

Gaslighting and Toxicity

Any form of unethical behavior against another employee should immediately be a huge red flag for you. If you can spot this early, you can make your employment decision quickly. If, for example, you can spot a toxic situation within the first 1-3 months, you can justify to a new prospective employer that the job role wasn’t what was promised and you left of your own accord during the probation period. That’s true. Toxicity in the workplace never makes for a positive working environment. Part of the job is not only what you do for the company, but how others interact with you within that environment. If one doesn’t meet the other and it’s found to be a toxic workplace, then the job role did not meet an acceptable criteria for employment. This means that the job role wasn’t what was promised. It’s not just about what you do, it’s about the interactions with others within the environment.

Any workplace with toxic co-workers is never a positive place of employment and, thus, not what was promised in the interview and on the job description. The problem with toxicity in the workplace is that it’s not easy to spot quickly. It can take several months for it to manifest. Sometimes, it will only manifest after staff change roles. If you walk into a company with high turnover, you might find the first couple of months to be perfectly fine until a new manager is hired.

Interview Flags

You should also take cues from your on-site interview. Many interviews offer telltale signs of toxicity. It may not even be from the people in the room. It may be from the receptionist that you meet when you arrive. Listen carefully to conversations when you’re sitting in a lobby or interview room waiting for the next interviewer. If the environment is chaotic or the interviewers are disenchanted with their job role, walk away. You can even ask pointed, but subtle questions in the interview to the interviewer. For example:

  • “How long have you been with the company?” — Short stint? They can’t tell you enough about the company.
  • “Do you like your job?” — This should open the door for venting.
  • “Is there anything you might change about what you are doing?” — This will further open the door for venting.
  • “How long has this position been open?” — Jobs that have been open a long time may signal problems.

These are examples of pointed questions trying to draw out disenchantment from the employee. Employees who always remain positive about their work conditions and the workplace likely means the company is worth considering. Employees who vent and turn negative quickly likely indicates disenchantment with their position. You might want to reconsider. However, even questions like this aren’t definitive. If the employer directs their interviewers to remain positive no matter what, you won’t know about this policy until much later. Always be cautious in the interview room… but definitely use your question time to draw out possible disenchantment as discretely as possible. If an employee wants to vent about the conditions, let them. It’s a sure fire sign you probably don’t want to work there.

Once employed, your next stop might be…

HR Complaints

You may think that taking your complaint to the HR team is the best idea, particularly if it’s your boss who is gaslighting you. Unfortunately, you’d be wrong. The HR team works for the management team and this includes working for your boss. This means that your boss actually has more power with the HR team than you do as a non-management employee. Complaining to the HR team could also bring your boss’s wrath down upon you. In fact, the HR team may become complicit in your boss’s gaslighting (and unsavory) tactics, which may seem like both your boss and the HR team are ganging up against you. That view wouldn’t exactly be wrong.

If your boss is willing to lie to you, he or she is willing to lie to others, including the HR team. There’s ultimately no end to this person’s deceptive ways. This means that reporting your boss to HR could actually backfire on you. It could get you written up, placed on probation, have disciplinary action levied against you up to and including termination. There’s no end to what your boss could do to you if you report their behavior to HR. The HR team will backup your boss, not you.

If your boss or any management team member is gaslighting you, you should avoid complaining to HR. The only time you should make your way to HR is if it’s coming from a co-worker peer who is not in management. Non-management coworkers are the only people where HR doesn’t have a conflict of interest. For these folks, report away.

For management gaslighters, you’ll need to consider other options… such as employment elsewhere or a change in position (move to a different boss, preferably not under the same chain of command) or possibly legal action if the behavior is illegal.

Evaluating Management Power

If you do decide to complain to HR over a management team member, you need to consider that person’s power and support within the organization. Many of these gaslighters are not only gaslighting their own staff, they’re two-faced with their bosses. The problem is getting these people caught in their own web of lies and deceit. That can be a tall order as two-faced individuals attempt to establish strong trust with their bosses. Many times they succeed which can make it extremely difficult to break down that trust.

Unfortunately, many managers who are willing to gaslight you are also willing to do whatever it takes to point the blame elsewhere, perhaps even towards you. For example, I’ve had bosses who made dire mistakes and cost the company downtime and money regularly (at least once a week). Yet, when they end up in their weekly management meetings, the blame runs downhill. Their trust runs deep, so their bosses continue to believe their lies. Meaning, lies and deception keeps this manager employed with his underlings getting the blame (getting a few of them fired). That, or he lied and claimed it was a system error or blamed the crash on the developers or software.

This manager should have been fired at least 6-8 times over, yet each time he managed to worm his way out of the situation by either pointing blame at others or claiming system problems. I know full well it was his fat fingers that pulled the trigger and caused the outage (I saw the logs), yet this information never got to his manager in a way that required him to terminate this employee. He was considered “too valuable”. In fact, he wasn’t valuable at all. He was a severe liability to the company. Not only did he cause regular system outages, he was an HR nightmare making not only inappropriate comments in the workplace, he was completely tactless and had no people skills at all. He was definitely one of those folks who should have been considered dangerous, yet he was in a management position. He was even promoted several times!

What can you do about gaslighting?

This is a difficult question to answer. Depending on the situation, you have several options:

  1. If it’s coming from a non-management co-worker, report them to HR and your manager and ask to avoid contact with this person.
  2. If it’s coming from a management team member to whom you report, you have few options other than to quit and move on.
  3. If it’s coming from a lower management team member to whom you DO NOT report, report them to your immediate manager. Depending on your manager, this may go nowhere. Management typically supports other management regardless of how egregious another management member’s behavior.
  4. If it’s coming from an upper management or a company executive to whom you DO NOT report, again, you have few options. Reporting upper management or executive behavior is almost impossible to see action done. Though, you might be able to report the behavior to the Board of Directors if it’s egregious enough. Like the HR team, the Board of Directors is there to support the management team.. no matter their behaviors. If you choose to report, you’re likely to get no response from the Board of Directors as they’re likely not willing to confront that executive.

There may be other scenarios not listed here, so you’ll need to use your own best judgement whether or not to report the situation.

Company Therapists

You might be thinking you should use one of the company counselors to vent your frustrations. The trouble is, it’s possible that the counselor is obligated to report all findings to the HR team. If you wish to vent to a licensed therapist or psychiatric professional, do so you on your own dime. Choose your own therapist. Don’t use the company’s counselor hotline that’s part of the company perk system. You might find that your conversations have ended up in your personnel file.

Toxic / Hostile Workplace

If the corporate culture is such that it endorses gaslighting (and other inappropriate behaviors) and the company chooses to do nothing about it, then this is probably an ingrained corporate culture. You should consider this a severely toxic and unhealthy workplace. Depending on how you’re treated, it might even be considered hostile. The only choice you have is to exit this job and find another. Toxic corporate culture is becoming more and more common. Unfortunately, there is no one you can turn to in an organization when the corporate culture is this level of toxic, particularly at the upper management level. When the CEO, CFO, CTO and such executives know, don’t care and do nothing to rectify a toxic workplace, this is definitely the signal that you need to move on. You can’t change a toxic corporate culture, you can only get away from it.

Toxic workplaces may be difficult to recognize until you’ve been in the position for at least six months. This is one of those situations where you don’t want to leave the position at the 5 month mark because it will hurt your resume. It also means you’ll need to stick with your employment at this toxic company for at least 7 more months to reach the 1 year mark. Hopping to a new job at the 1 year mark is at least better (and more explainable) on a resume than hopping at 5 months.

This situation can be difficult, particularly if the job environment is highly toxic. Just try to make the best of the situation until you can reach your 1 year anniversary. If the situation is far too problematic to bare and the behavior is not only egregious, but illegal, you should contact a lawyer and consider…

Legal Action

The HR team’s number 1 job is to avoid employment related legal actions at all costs. This means that should you file a lawsuit against your company as a hostile workplace, you’ll be up against your HR team, the company’s legal team and the company’s executives. If you’re still employed when you file such an action, you might want to consider moving on quickly. The HR team (and your boss) will make your life a living hell during and after a lawsuit.

In other words, you shouldn’t consider legal action against a current employer for employment violations. Instead, you should plan to leave the company immediately before you file your lawsuit.

Filing a lawsuit against a former employer will counter HR issues you might encounter while still employed, but be very careful here as well. Any lawsuits against employers can become known by your current employer and mark you as a legal risk. If you’re willing to file a lawsuit against one employer, your current employer’s HR team could then see you as a lawsuit risk. Make sure you fully understand these risks before going up against a former employer for employment violations.

Gaslighting itself isn’t necessarily something that can justify a lawsuit on its own. If it’s part of a pervasive corporate culture endorsed at all levels of management, it could be considered a hostile workplace. In this case, you may have legal recourse against your employer, depending on what they may have done and how pervasive the behavior while employed. You’ll want to educate yourself regarding what is and isn’t a hostile workplace before considering such a lawsuit against an employer. You should also consult with a lawyer for your specific situation. Even then, if you do find that it is considered hostile, you’ll still want to consider such a lawsuit carefully. If your litigation finds its way back to your current employer, you may find yourself in an untenable situation with your current job.

Basically, if you do file a lawsuit against a previous employer, you should keep that information as private as humanly possible. Do not discuss the lawsuit with anyone at your current company no matter how much you may want to. If you have mutual friends between both companies, this may not be possible. Consider this situation carefully before filing such a lawsuit. Note that you may not even know that mutual friends exist until your litigation information is disclosed to your current employer’s HR team.

As with most industries, HR staff members comprise a reasonably small circle of individuals even in large metroplexes. There’s a high probability that at least one person knows another person between two large corporations, particularly if they’re in the same line of business. Always be cautious and never discuss any pending litigation except with your lawyer.

Corporate Culture

Unfortunately, corporate cultures are laid in stone by the founders and the current management team. Sometimes corporate cultures, while seeming to be positive and well meaning, can easily turn sour by corporate corruption. Again, you won’t know the exact extent of your company’s corporate culture until you’ve been working at a company for at least 5 months. Sometimes it takes much longer. Sometimes it requires listening carefully to your CEO’s comments at internal company meetings.

Gaslighting is one of those things that shouldn’t ever be endorsed as part of corporate culture, but it is a behavior that can be misconstrued by pathological individuals based on corporate ideals and is also shaped by management team meetings. These are management meetings where the upper management meets with key individuals to evaluate their weekly contributions to and assess performance for the company. Many times, the face the CEO puts on shows a cheery and charismatic attitude when in public. When behind closed doors, this same CEO becomes a vulture, picking and cutting at each manager’s weaknesses systematically and ruthlessly… many times using rude, crude, crass, yet flowery, condescending language. They might make inappropriate sexual comments. They might even gaslight.

As a result, these bosses who are regularly subjected to these kinds of hostile C-Team interactions can learn that this is the way they also should manage their own teams, particularly managers who don’t have good people skills and who must lead by example. Yet, they know that such flowery, condescending language would get them in hot water with HR and employment law, so they adopt other compensating mechanisms such as gaslighting and outright lying… behaviors that aren’t easily caught or reported, behaviors that can be easily dismissed as innocuous.

As a result, rough and rugged CEOs who lead using a whip-and-chain approach teach their underlings the value of whips and chains instead of managing by positive examples. This can lead borderline personalities to interpret this whip-and-chain approach as the corporate culture to adopt when managing their own staff.

While this explains the root cause behind some manager’s reasons to gaslight, it can never excuse this behavior. In fact, nothing excuses unprofessional behavior. Unfortunately, far too many bosses are promoted beyond their capacity to lead. These managers may be knowledgeable in their own job skills, but many managers have no training in management and have no people skills at all. Instead of learning by training (because many companies don’t offer such people training), they must learn by example. They turn to the CEO to show them the “example”, even if that example is entirely misguided.

Unfortunately, far too many companies do not value people skills as part of their management team’s qualifications. Instead, they look for people who can kiss butts appropriately and deliver results, regardless of what that takes. Meaning, if gaslighting is the means by which that manager delivers results, then the upper management is perfectly happy to look the other way using “don’t ask, don’t tell” policies. I agree, it’s a horrible practice… but there it is.

Overall

As a non-management team member, your options are limited if you find your manager is gaslighting you. On other other hand, if you find a peer regularly gaslighting you to get ahead, you should report this pathological behavior to both your manager and your HR team. If you perform peer evaluations of those individuals, then you should report this behavior on those peer evaluations.

If the behavior goes beyond a single person and extends pervasively to the organization as a whole, then this is a corporate culture toxicity. It may also signal a hostile workplace situation. At that point, you may want to consider a new job and, if the behavior is particularly egregious (and illegal) across the company, file a hostile workplace lawsuit against that employer. Personally, if a company is toxic, I leave and let them wallow in their own filth. I then write a scathing review on Glassdoor and leave it at that. Filing lawsuits are costly and even if successful, don’t always fix the root cause of corporate toxicity, let alone gaslighting… which isn’t even considered a problem needing resolution by most companies. Even if you win a lawsuit, you won’t necessarily make that company a better place. Consider lawsuits as a strategy only if you’re trying to get money out of that company you feel has wronged you.

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iPhone Risk: Your Employer and Personal Devices

Posted in best practices, cloud computing, computers, data security, Employment by commorancy on May 5, 2013

So, you go to work every day with your iPhone, Android phone or even an iPod. You bring it with you because you like having the convenience of people being able to reach you or because you listen to music. Let’s get started so you can understand your risks.

Employment Agreements

We all know these agreements. We typically sign one whenever we start a new job. Employers want to make sure that each employee remains responsible all during employment and some even require that employee to remain responsible even after leaving the company for a specified (or sometimes unspecified) period of time.  That is, these agreements make you, as an employee, personally responsible for not sharing things that shouldn’t be shared. Did you realize that many of these agreements extend to anything on your person and can include your iPhone, iPod, Android Phone, Blackberry or any other personal electronic device that you carry onto the property? Thus, the Employment Agreement may allow your employer to seize these devices to determine if they contain any data they shouldn’t contain.

You should always take the time to read these agreements carefully and thoroughly. If you don’t or can’t decipher the legalese, you should take it to an attorney and pay the fee for them to review it before signing it.  You might be signing away too many of your own personal rights including anything you may be carrying on your person.

Your Personal Phone versus Your Employer

We carry our personal devices to our offices each and every day without really thinking about the consequences. The danger, though, is that many employers now allow you to load up personal email on your own personal iDevices. Doing this can especially leave your device at risk of legal seizure or forfeiture under certain conditions.  So, always read Employment Agreements carefully. Better, if your employer requires you to be available remotely, they should supply you with all of the devices you need to support that remote access. If that support means you need to be available by phone or text messaging, then they should supply you with a device that supports these requirements.

Cheap Employers and Expensive Devices

As anyone who has bought an iPhone or an Android phone can attest, these devices are not cheap. Because many people are buying these for their own personal use, employers have become jaded by this and leech into this freebie and allow employees to use their own devices for corporate communication purposes. This is called a subsidy. You are paying your cell phone bill and giving part of that usage to your employer, unless your employer is reimbursing you part or all of your plan rate.  If you are paying your own bill without reimbursement, but using the device to connect to your company’s network or to corporate email, your device is likely at high risk should there be a legal need to investigate the company for any wrong doing. This could leave your device at risk of being pulled from your grasp, potentially forever.

If you let the company reimburse part or all of your phone bill, especially on a post-paid plan, the company could seize your phone on termination as company property.  The reason, post-paid plans pay for the cost of the phone as part of your bill. If the company reimburses more than 50% of the phone cost as part of your bill, they could legally own the phone at the end of your employment. If the company doesn’t reimburse your plan, your employer could still seize your device if you put corporate communication on your phone because it then contains company property.

What should I do?

If the company requires that you work remotely or have access to company communication after hours, they need to provide you with a device that supports this access. If they are unwilling to provide you with a device, you should decline to use your personal device for that purpose. At least, you should decline unless the employment agreement specifically states that they can’t seize your personal electronics. Although, most employers likely won’t put a provision in that explicitly forbids them from taking your device. Once you bring your device on the property, your employer can claim that your device contains company property and seize it anyway. Note that even leaving it in your car could be enough if the company WiFi reaches your car in its parking space.

Buy a dumb phone and use that at work. By this I mean, buy a phone that doesn’t support WiFi, doesn’t support a data plan, doesn’t support email, doesn’t support bluetooth and that doesn’t support any storage that can be removed. If your phone is a dumb phone, it cannot be claimed that it could contain any company file data.  If it doesn’t support WiFi, it can’t be listening in on company secrets.  This dumb phone basically requires your company to buy you a smart phone if they need you to have remote access to email and always on Internet. It also prevents them from leeching off your personal iPhone plan.

That doesn’t mean you can’t have an iPhone, but you should leave it at home during work days. Bring your dumb phone to work. People can still call and text you, but the phone cannot be used as a storage vehicle for company secrets (unless you start entering corporate contacts into the phone book). You should avoid entering any company contact information in your personal phone’s address book. Even this information could be construed as confidential data and could be enough to have even your dumb phone seized.

If they do decide to seize your dumb phone, you’ve only lost a small amount of money in the phone and it’s simple to replace the SIM card in most devices. So, you can probably pick up a replacement phone and get it working the same day for under $100 (many times under $30).

Request to Strike Language from the Employment Agreement

Reading through your Employment Agreement can make or break the deal of whether or not you decide to hire on. Some Employment Agreements are way overreaching in their goals. Depending on how the management reacts to your request to strike language from the Employment Agreement may tell you the kind of company you are considering. In some cases, I’ve personally had language struck from the agreement and replaced with an addendum to which we both agreed and signed. In another case, I walked away from the position because both the hiring and HR managers refused to alter the Employment Agreement containing overreaching language. Depending on how badly they want to fill the position, you may or may not have bargaining power here. However, if it’s important to you, you should always ask. If they decline to amend the agreement, then you have to decide whether or not the position is important enough to justify signing the Agreement with that language still in place.

But, I like my iPhone/iPad/iPod too much

Then, you take your chances with your employer. Only you can judge your employer for their intent (and by reading your employment agreement).  When it comes down to brass tacks, your employer will do what’s right for the company, not for you. The bigger the company gets, the more likely they are to take your phone and not care about you or the situation. If you work in a 1000+ employee company, your phone seizure risk greatly increases.  This is especially true if you work in any position where you have may access to extremely sensitive company data.

If you really like your device, then you should protect it by leaving it someplace away from the office (and not in your car parked on company property). This will ensure they cannot seize it from you when you’re on company property. However, it won’t stop them from visiting your home and confiscating it from you there.

On the other hand, unlike the dumb phone example above, if they size your iPhone, you’re looking at a $200-500 expense to replace the phone plus the SIM card and possibly other expenses. If you have synced your iPhone with your computer at home and data resides there, that could leave your home computer at risk of seizure, especially if the Federal Government is involved. Also, because iCloud now stores backups of your iDevices, they could petition the court to seize your Apple ID from Apple to gain access to your iDevice backups.

For company issued iPhones, create a brand new Apple ID using your company email address. Have your company issued phone create its backups in your company created Apple ID. If they seize this Apple ID, there is no loss to you. You should always, whenever possible create separate IDs for company issued devices and for your personal devices. Never overlap this personal and company login IDs matter how tempting it may be. This includes doing such things as linking in your personal Facebook, Google, LinkedIn, Yahoo or any other personal site accounts to your corporate issued iPhone or Apps. If you take any personal photographs using your company phone, you should make sure to get them off of the phone quickly.  Better, don’t take personal pictures with your company phone. If you must sync your iPhone with a computer, make sure it is only a company computer. Never sync your company issued iPhone or iPad with your personally owned computer. Only sync your device with a company issued computer.

Personal Device Liabilities

Even if during an investigation nothing is turned up on your device related to the company’s investigation, if they find anything incriminating on your device (i.e., child porn, piracy or any other illegal things), you will be held liable for those things they find as a separate case. If something is turned up on your personal device related to the company’s investigation, it could be permanently seized and never returned.  So, you should be aware that if you carry any device onto your company’s premises, your device can become the company’s property.

Caution is Always Wise

With the use of smart phones comes unknown liabilities when used at your place of employment. You should always treat your employer and place of business as a professional relationship. Never feel that you are ‘safe’ because you know everyone there. That doesn’t matter when legal investigations begin. If a court wants to find out everything about a situation, that could include seizing anything they feel is relevant to the investigation. That could include your phone, your home computer, your accounts or anything else that may be relevant. Your Employment Agreement may also allow your employer to seize things that they need if they feel you have violated the terms of your employment. Your employer can also petition the court to require you to relinquish your devices to the court.

Now, that doesn’t mean you won’t get your devices, computers or accounts back. But, it could take months if the investigation drags on and on. To protect your belongings from this situation, here are some …

Tips

  • Read your Employment Agreement carefully
  • Ask to strike language from Agreements that you don’t agree with
  • Make sure agreements with companies eventually expire after you leave the company
  • NDAs should expire after 5-10 years after termination
  • Non-compete agreements should expire 1 year after termination
  • Bring devices to the office that you are willing to lose
  • Use cheap dumb phones (lessens your liability)
  • Leave memory sticks and other memory devices at home
  • Don’t use personal devices for company communication (i.e., email or texting)
  • Don’t let the company pay for your personal device bills (especially post-paid cell plans)
  • Prepaid plans are your friend at your office
  • Require your employer to supply and pay for iDevices to support your job function
  • Turn WiFi off on all personal devices and never connect them to corporate networks
  • Don’t connect personal phones to corporate email systems
  • Don’t text any co-workers about company business on personal devices
  • Ask Employees to refrain from texting your personal phone
  • Use a cheap mp3 player without WiFi or internet features when at the office
  • Turn your personal cell phone off when at work, if at all possible
  • Step outside the office building to make personal calls
  • Don’t use your personal Apple ID when setting up your corporate issued iPhone
  • Create a new separate Apple ID for corporate issued iPhones
  • Don’t link iPhone or Android apps to personal accounts (LinkedIn, Facebook, etc)
  • Don’t take personal photos with a company issued phone
  • Don’t sync company issued phones with your personally owned computer
  • Don’t sync personal phones with company owned computers
  • Replace your device after leaving employment of a company

Nothing can prevent your device from being confiscated under all conditions. But, you can help reduce this outcome by following these tips and by segregating your personal devices and accounts from your work devices and work accounts. Keeping your personal devices away from your company’s property is the only real way to help prevent it from being seized. But, the company could still seize it believing that it may contain something about the company simply because you were or are an employee. Using a dumb prepaid phone is probably the only way to ensure that on seizure, you can get a phone set up and your service back quickly and with the least expense involved. I should also point out that having your phone seized does not count as being stolen, so your insurance won’t pay to replace your phone for this event.

Job Hunting? Don’t be scammed.

Posted in economy, Employment by commorancy on July 16, 2010

As the economy is floundering and unemployment rates remain high, there are those people and companies who look to take advantage of job seekers. Some companies are legitimate, others aren’t so much. So, let’s investigate some ways you can avoid being taken during your job hunt.

Pay to play

Be extremely wary of so-called for-pay outplacement, consulting or career management companies that require up-front payments before you get a job. These companies will sometimes promise they will find you a job, but in the end you literally end up doing all of the work and you’ve paid them to let you do your own work! In fact, it’s work that you would have done without paying them anything! These companies may operate by taking a percentage of your expected salary. For example, if the job you are seeking has a $60,000 a year salary, they may expect $6,000 (10%) as your up-front fee.

Don’t be fooled by this practice. Yes, they may give you career advice or even write you a new resume, but is a new resume and some career counseling worth $6,000? You will find many resume creation sites (and software) on the Internet to makeover your resume that costs much less than $6,000.

These outplacement companies may also claim that they have ‘databases’ of jobs. The reality is that their database may be months old or non-existent. So, even though they have a database, what good does it do to apply for a job that was listed 6 months earlier? It doesn’t do any good and is definitely not worth $6,000.

Recruiters

While recruiting companies are not necessarily scams (although, the possibility always exists), most of them feel very slimy when you work with them. So, be cautious and here’s why. Recruiting firms supposedly have job databases and find candidates that fit various job roles. Unfortunately, the recruiting agents work on quotas. So, they must close a certain number of jobs over a period of time in order to 1) get their commission and 2) remain employed as a recruiter. After all, the commission from the candidate’s placement is what keeps the recruiting company in business. A recruiting position is both a sales position (has sales quotas to meet) and as a recruiter (help you find a job). Unfortunately, there’s just a little too much conflict of interest with recruiters. The trouble comes because the employer pays the percentage fee after candidate placement is complete. So, while it may appear that they are helping you, the candidate, they are really more partial to the employer because that’s where their bread is truly buttered. When unemployment is high, they can find many candidates, but they only have that one position open.

So, the recruiter will do everything to keep the employer happy and, in most cases, couldn’t care less about the job seeker other than to get them placed. After all, there’s plenty of job seekers from which to choose. That said, they will definitely appear to care about the candidate so long as the hiring company still takes an interest in the candidate. Once the hiring company no longer expresses interest in the candidate or fills the job, that’s when the recruiter calls stop, emails stop and you can no longer reach the recruiter at all.

One other tactic of recruiters is to obtain resumes. So, if you had an old resume on file at a recruiting firm, expect to be called periodically to update your resume. The recruiter who calls you may even imply there may be jobs open with your skill set. In many cases, you are just feeding their database with another resume. In fact, they very likely had no job opening. Again, the recruiters have their job performance tied to doing work. Having spoken with you and obtained your updated resume probably suffices for one in their quota. Be wary of this practice. You’re helping them keep their job, but they may have no intention of helping you at all. They’re just stringing you along.

One other recruiting tactic to watch for is the phantom job tactic. The recruiter will claim to officially represent the hiring company. They tell you a job is open and that they are requesting a resume to submit. They will even put up a front and tell you they have submitted your resume for the position. Then, you never hear back from them. Why? Because they lied. They had no position open. They didn’t have any official status to represent the hiring company. So, how does this happen? Again, this is a quota issue. They need to make quotas, so the recruiter will string you along hoping the hiring company will agree to use the recruiting firm and then pay the commission. Unfortunately, the recruiting firm has not officially contacted the company until after they had your resume in hand. The trouble is, they didn’t have the company’s permission nor blessing. So, the recruiter contacts the company and the company says, “We don’t work with recruiters, sorry”. End of discussion.. no more contact. There is no way to really ensure the legitimacy of what a recruiter tells you. But, it certainly is a waste of time.

In the case of a recruiter, you necessarily won’t be out any money, but it can certainly take away valuable time that you could otherwise be seeking direct opportunities, submitting resumes or even updating your resume. It’s easy to get bogged down in recruiter time suck activities. So, be wary when recruiters come knocking.

Craigslist and Classified ads

While classified boards like Craigslist are great places to find job opportunities, it’s also a place to get scammed. So, if you choose to look for jobs in classified ads, make sure that you verify the company you are contacting. That means, check the phone book or the Internet to ensure that the phone numbers and addresses actually match the hiring company’s office address. You don’t want to end up in some seedy dive on a fake interview or being taken for some amount of money. If any money is involved before you get a job, walk away. There are way too many sites that can help you find jobs without fees.

Fee Based Job Boards

Some well known web employment listing sites charge subscription fees to help you find jobs. While I understand this web business model, the job seeker is most probably out of a job when seeking new employment. So, while paying monthly subscription fees might seem worthwhile, you may end up having no better luck in finding a job than using free services like Hotjobs, Dice or Monster. So, be cautious when asked to supply a credit card number to get access to a bigger database or get access to employment ‘review’ services. If you want to spend money, that’s up to you, but I’d recommend exhausting all other free avenues (and believe me, there are plenty) long before you throw your money away on for-pay job boards.

If you are months into your search and still have no leads after trying all of the free sites, then and only then would I try a for-pay job board. Some of these boards offer one month subscription periods. I’d recommend trying these job boards by paying for only one month and see how well it works for you. One month should be well long enough to dig through their database, submit resumes and see if you get any nibbles. You may find that it does nothing. Also, make sure that after the one month payment ends there are no recurring subscriptions still active. You don’t want to get any surprise fees on your credit card statement the next month.

Avoid the scams

If something looks too good to be true, it probably is. When seeking a job, you want to avoid being scammed out of whatever money you have… especially when unemployed. So, be cautious if a web site asks you to load a credit card number into their registration page. In short, don’t do it. If they require a credit card number to sign you up, skip that site and move on. If you do decide to part with your credit card number to get access, be sure to fully read all of the sites disclosures to understand how they charge for their services. If you can’t find how they charge for services, skip the site.

Good luck in your job search.

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