“Mr. Beaver, I do the hiring for a paint and coatings company based in the South and frankly wonder if I am going insane, or if today’s job applicants think that a job interview is the same thing as Saturday night with the gang — wear what you want and don’t mind your language! You can’t imagine the people who come so unprepared for a job interview. They have little concept of how to dress professionally or act professionally — they answer questions while looking at the floor or ceiling and in general give an ‘I don’t care if I get the job’ attitude. I think it would be instructive if you looked at how not to get hired! Thanks, Theo.”

I ran Theo’s timely question by two friends of this column, senior HR consultants Marinor Ifurung and Andu Yohannes with the Southern California-based law firm Klein DeNatale Goldner. I asked them to list behaviors that can ruin your chances of getting hired.

Six red-flag behaviors, courtesy of HR consultants

1. Coming to the interview unprepared.

Andu: A lack of preparation can slam the door shut on a job offer. When you are asked to bring a copy of your résumé, a filled-out application or other documents, and you show up without them, this failure tells me you are not able to follow simple instructions. So, I would conclude you may have a hard time following directions and may struggle with successfully performing your job duties.

Marinor: If someone really wants this job, then they will take the steps to show they are prepared for it. Showing up without the requested documents is an interview killer. There are no excuses. This occurs less when interviewing for an administrative/professional position than when hiring for an entry-level job such as a receptionist or restaurant server. This shows lack of interest and, potentially, the applicant’s inability to follow reasonable instructions.

2. Failing to convince us that you are right for this role. Poor communication skills. Talking over and interrupting the interviewer.

Andu: We want to know what you can bring to the position. We don’t know which aspects of your past experience could be highly beneficial unless you sell yourself. This is an opportunity to communicate how your past experiences will help you succeed in this position.

Marinor: If communication skills are lacking, we can’t tell if this applicant will be a good fit for the position. What can you bring to the table? If you don’t tell us, your chances of being hired are diminished. You have to sell yourself.

3. Failing to dress appropriately for this employer and the position.

Andu: Showing up in a T-shirt and shorts and treating the interview as just another errand you had to do that day says, “I’m not taking this interview seriously.” Do that, and no one will take you seriously, as you are revealing a lack of self-awareness.

Marinor: Dressing for the position says a great deal about your seriousness.

4. Displaying excessive piercings and objectionable tattoos.

Andu: In the real world, display of piercings and objectionable tattoos aren’t going to help you land that job. So, before the interview, learn what the grooming standards are and comply. If you’re hired, violating those standards when you come to work will be a basis for termination.

Marinor: The person conducting the interview needs to be direct with the applicant and carefully study their body language. Often the applicant says, “Yes,” but their body language says something different, and when hired, they might come to work displaying tattoos and piercings. Applicants need to know that these are not constitutionally protected classes, and there is no right to wear them at work.

5. Believing that physical requirements listed for a job do not apply.

Andu: Applicants need to consider the physical requirements of the job and reflect on their ability to meet them with or without an accommodation. There are positions that require pre-employment physicals designed to determine the applicant’s ability to meet the physical requirements of a job. We often get asked if an applicant’s weight plays a role in the hiring process. With the exception of Michigan, New York, Washington state and a few local jurisdictions, such as San Francisco, weight is not a protected classification unless it is related to a medical condition or a disability.

Marinor: There is a completely false belief that, regardless of appearance, there is a “right” to be employed. There isn’t. However, some states have exceptions. California, for example, has a laundry list of protected classifications, so appearance matters to the extent allowable by law. Rather than focusing on the appearance of an applicant, hiring managers should base their decision on an applicant’s ability to fulfill the job expectations as well as the employer’s expectations.

6. Failing to show up on time for the interview.

Andu: Punctuality is critical. Show up late to the interview, and you will likely show up late to the job as well.

Marinor: Not showing up at all! This shows a lack of consideration for your potential employer. No call, no show = no job.

Some advice for the person doing the hiring

Concluding our interview, both Andu and Marinor offered this advice for the person conducting the interview: Don’t just hire anybody — that is an invitation for trouble later. If you doubt your interview skills, speak with an HR consultant. It will be money well spent.

Check back for my follow-up article to this one, about how to get yourself fired.

The post Looking for a Job? Here’s How Not to Get Hired appeared first on Dennis Beaver.

May an employer require employees to cover up visible tattoos or remove piercings while on the job?

That was the question from “Sal” who manages a health and fitness spa in the Pacific Northwest. Frazzled, he called my office, explaining:

“After conducting several Zoom sessions for a receptionist, ‘Bonnie’ stood out as professional, personable and competent. During the in-person interview she was a home-run, with one of the most pleasant appearances and demeanor we’ve seen among applicants.

“She got the job, but needed one week to wrap up a number of personal matters, which we agreed to on the condition that she spend one day meeting our staff and being shown her duties.

“But when arriving for work for that one day, we could not believe our eyes!

Her short-sleeved shirt revealed large, vulgar, ugly tattoos! She had piercings in her lips and nose! It was as if a different person showed up! No one said a word; Bonnie left happy, saying she would be back in a week, ready to work.

“Her appearance is scary and completely out of character with our spa. Can we require that she cover up the tattoos and remove the piercings, and if she refuses, terminate her on the spot?”

I ran my reader’s question by friends of this column, Southern California-based employment attorney Jay Rosenlieb and Human Resources Consultant, Marinor Ifurung. Could Sal legally tell Bonnie, “You can’t come here dressed that way.”

Grooming and Appearance Policy – Available Before the Interview

Jay: In order to properly run your workplace and manage your risks, employers need to have a grooming and appearance policy. The latitude given an employee – what they can wear and their general appearance – is directly related to the type of business and specifically, if they are the face of that company to the public.

Marinor: Wellness spas, law firms, financial services, insurance, banking, health care – where that employee is the first-person customers and clients meet, you need someone who presents a professional appearance that fits the nature of the business. While tattoos are fine if you work at a tattoo shop, an employer can require that they be completely covered in many other settings, especially if they are contrary to a reasonably developed business image.

One way to address this often-confusing area is for employers to provide an appearance guide to applicants before the person arrives for an interview. This should also be on the company’s website and job postings.

Avoid Dealing with the Issue – See You in Court!

I asked Jay and Marinor, “There are a lot of employers who will run from confrontation. They just hate it – so what if they do, hoping that patience and giving employees, such as Bonnie, time to conform their appearance to that of co-workers does the trick, but it doesn’t and weeks have gone by?”

Jay: Time is your greatest enemy, for the longer employers permit unacceptable behaviors to continue, they are digging a hole for themselves, creating what we call an estoppel.

By not objecting to improper attire or other unacceptable behavior promptly -when you could have terminated them – instead, by letting it slide, your inaction action makes it acceptable in the employee’s mind, relying on your silence. Then, one day you blow up and fire that person. In so doing the employee has been handed the basis for a wrongful termination suit, which goes like this:

“You worked me off the clock and didn’t pay me overtime. I complained but you did nothing.” So, they are able to cloud the real issue – saying that the appearance issues were a mere pretext – all due to your silence.

Recommendations – Before and After Trouble

Marinor:

(a) For jobs where the employee is the public face of the company that has a professional image to preserve, you need to have an appearance and grooming policy in your handbook, on your website, on job postings and talk about it during the interview. Be sure applicants are informed of what is expected of them and attire that is not acceptable. Setting expectations early will avoid confusion and help prevent a more uncomfortable conversation in the future.

(b) With attire or any other issue that comes up, don’t delay! Go through the front door. Be direct. Tell the person that their appearance does not fit our professional environment. Do not beat around the bushes!

(c) Be aware that in some states and cities hair style based on ethnicity or race cannot be prohibited in the workplace. “The Crown Act” introduced in 2019, where passed into law, prohibits race-based discrimination against natural hair in the workplace and in public schools.

Both Jay and Marinor offered this final bit of advice for any employer facing an appearance issue:

“After setting out what about their appearance is not appropriate, ask for a promise to come back to work wearing clothing and groomed in a way that gives a similar kind of professional appearance as other employees.

“And make it clear that if they won’t comply, they need to find employment elsewhere. This way, the employee has been given an opportunity to improve.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Cover your tattoos, remove piercing or find another job appeared first on Dennis Beaver.

“Your recent article on parents and high school kids playing football caught my attention,” ‘Elliot’ stated in what would prove to be a highly emotional phone call. “While it’s not football, there is a similar struggle going on between my wife, ‘Karen’ and me, over our 16 year old daughter, ‘Jennifer’ and her plans to get a tattoo.

“Her mom and I are in our 40’s and have been separated for over a year. She asked for space, I agreed and she promptly moved in with a 30 year old tattoo artist who has something against wearing a shirt. One look at him and you are reminded of the 1960’s science fiction movie, The Illustrated Man. This guy is creepy.

“Now, my wife’s arms are covered in tattoos, and our daughter wants something called a sleeve. She didn’t ask me for permission, only announced, ‘Dad, I am getting sleeves on both arms. I think it’s so cool and I do not care what you say!’

“Dennis, I am a longtime Arcata reader and need your advice. Before today, I didn’t know much about tattoos, but am very worried about Jennifer’s welfare. Your suggestions will be appreciated.”

Are there custody orders in effect? In California, no tattoos for minors

We ran these facts by Riverside family law attorney Paul Wallin, who gave us an analysis which began with this question: “Who has custody.”

“If there is no custody order–which appears to be your reader’s situation–then the parents are presumed to have joint legal custody. This means that both–acting together or separately–have the legal authority to make major decisions for the child.”

As Wallin explained, three main categories fit under this heading, “major decisions,” and include:

–Education

–Religion

–Healthcare

“While in California you must be at least 18 to get a tattoo, without a court order preventing her from doing this, Jennifer’s mother could legally take her to a state which did not have that age restriction,” Wallin observes.

We asked, “If that appeared to be on horizon, could dad do anything to stop it?”

“Yes,” he replied, “He would have to go to court and file an ex parte application to stop mom from moving forward with the tattoo pending a court hearing. This would act like a restraining order, and if mom were to violate it, she would likely be found in contempt of court.”

Would a Family Court Judge consider the daughter’s wishes?

As California and 45 other states prohibit minors from getting a tattoo, a Family Court judge would never listen to the desires of a 16 year old. But there are times when a judge is required to pay attention to what the minor wants.

“However, there is an incorrect, but commonly held belief about the weight given to a child’s desires in custody and visitation cases,” Wallin points out.

“In California and many other states, a Family Court judge must listen to the opinion of a minor 14 years of age or older. But taking testimony is one thing and doing what the child wants is quite another matter. Courts are required to reach a decision based on the best interests of the minor, not something that mom or dad has told them to say.”

A Tattooed Police Office Gives His Opinion

Who better to offer an opinion to a 16 year old who wants a tattoo than someone who got tattoos when he was 17, and works closely with high school students as a School Resource Officer in Southern California? We’ll call him “Officer Dan.”

“I know first-hand what tattoos can do in terms of people judging you,” he observes. “Even though people say ‘We shouldn’t judge, but we definitely do!’ I encourage anyone who asks about a tattoo, that they need to be wise about it and never get visible tattoos below the level of a short sleeve shirt.”

“Whatever the design, it should be pleasing and non- controversial. While you might like Bible verses, that person interviewing you for a job may be of a different faith and offended. Realize that not everyone will share your beliefs,” he points out.

Once cool now slams doors in your face

Given that the human brain matures at about age 25, to Officer Dan, “Reality is that kids cannot see beyond today. They simply cannot comprehend. It is neurology and we can talk to them until we are blue in the face. It’s when they are out in the real world looking for a job that the tattoo which seemed so cool before, now slams doors in their face,” he cautions.

Finally, we know of several trial attorneys who tell their clients, “Either cover your tattoos or find a new lawyer.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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