Albuquerque Journal

‘Everybody does it’ defense fails for fired employee

- Dale Dauten & Jeanine J.T. O’Donnall Jeanine “J.T.” Tanner O’Donnell is a profession­al developmen­t specialist and the founder of the consulting firm jtodonnell. Dale Dauten resolves employment and other business disputes as a mediator with AgreementH­ouse.

DEAR J.T. & DALE: I recently was fired for padding my expense reports. I’m a salesperso­n on the road and I have been submitting some extra mileage. I know everybody in the company does it. I told HR that, but nobody else has been fired. I think I am being fired for a different reason. How can I find out? — Ron

Dale: Ah, the old “everybody does it” defense. Sure, it seems a reasonable explanatio­n, but it didn’t work in grade school and it certainly didn’t work here. And now everyone will stop their padding and your public firing will have served the company’s purpose. It takes only one person to be an example, which explains why there haven’t been a series of firings. However, you are wise to ask, “Why me?” Were you the most egregious, the most replaceabl­e, or was management just eager to grab an excuse to shove you out?

J.T.: Unfortunat­ely, I highly doubt you will find out. Because you were an at-will employee, they could let you go for any reason. In this case, they chose to specifical­ly call out a behavior. Because others were doing that same behavior and not getting fired, you could potentiall­y hire a lawyer to see if there’s a case for discrimina­tion, but I honestly don’t think that would be worth your time and money. Why? Because you’ll find it even harder to get a new job after that. I would move on from the experience and focus on finding a new employer.

Dale: True, but as part of moving on, I’d suggest that you have conversati­ons with some of your former colleagues. You should be able to pick up the office gossip about your departure. Were there stories of outrageous fictions on your expense reports, or was there something about your performanc­e or personalit­y that disappoint­ed management? Your goal is not to debate or rationaliz­e the loss of your old job, but to learn how to be better in the next one.

Dear J.T. & Dale: I live about a mile from where I work. I really want to get a new dog. If I do, I would like to drive home during my breaks and lunch hours to take care of it. I don’t want to leave a puppy home alone all day and I can’t afford puppy day care. Do you think I need to tell my boss about this, or can I just do it? — Vanessa

J.T.: While I can see you driving home on your lunch hour, I think it might be a bit more challengin­g to leave for every break during the day. As someone who’s had many puppies in her lifetime, I think you are underestim­ating the amount of time you would spend at home once you got there. In my opinion, I definitely would tell your boss about the puppy, and explain what you would like to do and how you will make up the time so that it will not disrupt your workload. Keep in mind that, every time you leave the office, it can create challenges for your co-workers should they need you for something. In short, consider how this choice will affect all aspects of your work and do what you can to minimize the impact.

Dale: Here’s the best way to minimize the impact: Do not get a puppy. There is no way you can leave the office multiple times a day without causing disruption­s and/or resentment­s. Plus, forget going out with the team after work and forget taking classes or going to the gym, not to mention dating. J.T.: That seems a bit harsh. Dale: I haven’t gotten to the harsh part yet. Dogs are pack animals and then we breed them for sociabilit­y. To force them to spend most of their time alone is not just unnatural, but unkind. There is, however, a solution: Find someone to share the dog. My brother-in-law watches a pair of dogs for his grown son. They both get the companions­hip of the dogs, and those two dogs get plenty of company and plenty of car rides.

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