Text of Justice Scalia’s opinion in the 2nd amendment case District v. Heller

June 27th, 2008

Download the full text of Justice Scalia writing for the majority and including the minority dissenting opinions right here:

Supreme Court DC v. Heller

Taking a break from work related matters today. Those who prefer less government intrusion and greater individual freedom and responsibility received a long-overdue assist from the Supreme Court. This decision is a fascinating and worthwhile read.

FAQ

June 24th, 2008


Resume FAQ, Job Hunting & Interview FAQ:

Job Hunting

How do I find a management job after being self-employed for 20 years?

Is there a job listing site for free market, conservative and libertarian organizations?

How do I get recruiters to look at my resume?

What is the most common mistake job seekers make?

Why don’t recruiters state the name of the employer in job postings?

Career Planning

What is the risk in changing careers, self-employment, going back to college, lateral moves, or a dead end job?

Are employees at nonprofits paid less?

Working from home; finding a work-from-home job

What simple advice would you give to someone starting their career?

Negotiating Compensation

Negotiating salary: overstating your current income or desired salary can cost you

Resume Writing

Blunders, gaffes and boners, oh my!

Should an older worker list early positions on a resume?

Should I omit the graduation date on my resume?

What should I say in my resume cover letter?

What one thing will most improve my resume?

Hiring FAQ and Management FAQ:


Interviewing Candidates

Storing & organizing resumes without a dedicated program

What do you look for when you review resumes? How do you avoid overlooking a “golden nugget”?

Why is reference checking more important than interviewing?

Recruiting

How to write an effective job posting

Something Different:

Can we “save the Earth”?

Post a Question:

Do you have a career related question?

How do I find a management job after being self-employed for 20 years?

June 18th, 2008

Question: I am older (50+) with a career spanning 30 years, the past 20 years as a self-employed owner/operator of small companies. How do I go about rejoining the workforce in a management position?

Answer: Many believe it is difficult to find a job after a long period of self-employment. Yet, I have reviewed thousands of resumes which often show that individuals find desirable work after a long period of self-employment. Therefore, I have concluded that it’s probably no more difficult for the self-employed to find career opportunities than those who have not been self-employed.

That’s not to say there are no challenges, but 20 years of self-employment confers significant and unique advantages on a job seeker.

First of all, most job seekers today have resumes characterized by job instability: too many jobs that lasted for two years or less, and too few jobs that last for more than four years. Aside from not meeting the position requirements, job instability is the chief reason candidates are rejected, and the more senior the position to be filled, the more heavily it weighs. So twenty years in any job–self-employed or otherwise–is a strong asset.

Next up for consideration is the match between your work experience and the particular position you may be seeking. Every employer has certain qualifications in mind when filling a position and these may be categorized as: 1. industry experience, 2. work experience, and 3. responsibility experience.

Industry experience refers to the knowledge and familiarity with normal expectations one acquires from working in a particular field or industry. I still recall much of what I learned in the first few years I spent in the printing business, but I would be quite lost in a modern graphic arts facility due to technological advance.

Work experience is “on-the-job-training” from which we learn to perform a range of tasks and projects appropriate to a specific job and industry. Up to a point, greater work experience increases efficiency and decreases “spoilage” or bad outcomes.

Responsibility experience refers primarily to experience in management, including the management of staff, budgets, facilities, resources and, in some cases, profit and loss. When filling management positions, employers typically consider both the scope and extent of experience in each of these categories.

Do you see where this is leading? You must inventory your work experience in each of these three areas; list everything, not just the big stuff. For example, experience using Quickbooks accounting software is a marketable skill and should be on your list. Order the list based on the amount and recentness of your experience, since the passage of time depreciates its value, particularly in the case of industry experience.

This list will serve as your guide for three purposes. First, you can use it to brainstorm the types of employers and positions to which your experience and skills may be applicable. Second, it is a checklist of essential assets that should be mentioned on your resume. Third, it will aid in marketing your experience to potential employers.

The first and third points require further explanation. The applicability of your experience to certain fields or types of work will be immediately obvious, but with some reflection and creative insight, you may recognize that your experience is quite applicable to other fields as well. The logic supporting the applicability of your experience to a seemingly unrelated field must be honed and internalized so you can easily demonstrate the connection in a cover letter and interview.

Now you should see that several key factors (job stability; industry, work and responsibility experience; and applicability of experience and skills to the open position) constitute the basis for hiring decisions. These factors have little or nothing to do with whether one is currently self-employed.

If you understand the depth and breadth of your experience, and can quantify and communicate an accurate description to a prospective employer, you are ready to go job hunting. If you pursue jobs that fit your experience, you will actually have a competitive advantage in the job market.

Michael G Smith

Can we “save the Earth”?

June 12th, 2008

Unlike career related questions, which tend to be complex, this question is easily answered: No, we cannot save the Earth.
Do you smell something burning?
The Earth’s proximity to the Sun is essentially a “good news, bad news” situation; the good news is that our Sun provides light, heat and energy. The bad news is that the Sun will exhaust its hydrogen fuel within the next 5 billion years or so, causing it to grow to 250 times its current size and increase in brightness a thousand times over.

It goes without saying that the Sun’s personality change will render much of our technology obsolete, including sunscreen–regardless of spf rating. The Sun’s life change will produce hot flashes capable of melting any planet foolish enough to loiter closer than the orbit of Mars.

Unless we forestall the Sun’s transformation into a galactic bonfire, the Earth is destined to become an orbital version of a flaming marshmallow, slipping from its axis to be immolated by a morbidly obese Sun. It’s obvious, therefore, that efforts to “save the Earth” or “save the planet” are preempted by nature and our energies will be better spent figuring out how to migrate to a more youthful solar system.

Michael G Smith

What one thing will most improve my resume?

May 31st, 2008

The most effective change most resume writers can make is to avoid listing the responsibilities of the position—as if writing a job description—and focus instead on notable successes and contributions achieved in the position. List personal accomplishments, not daily activities, and use specific numbers whenever possible, such as “ranked #2 out of 10″.

Most employers are not really interested in learning the fine details of each of your jobs–they can ask for more details in an interview if necessary. What they really want to know is how well you performed in the position.

List the successes for which you can take full, or at least primary, credit; don’t list trivial items, though, as that will give the appearance you contributed nothing of substance. Obviously, any performance-based award received from your employer should be noted.

Managers face a greater challenge with resume writing, as accomplishments often involve the efforts of many subordinates and the causal chain may not be obvious. For example, an increase in sales achieved by a division may be directly attributable to the efforts of the division’s sales manager, but the cause and effect relationship must be spelled out on the resume or it may appear that the manager was simply in the right place at the right time. A secondary benefit of elaborating on one’s role in effecting change is that the hiring manager sees the method underlying the success, instead of just the before and after.

Michael G Smith

What do you look for when reviewing resumes? How do you avoid overlooking a “golden nugget”?

May 31st, 2008

I don’t think there are reliable shortcuts for reviewing resumes. The more time you take with each one, the less likely you are to set aside a viable candidate.

I don’t reject candidates for reasons not relevant to the job; that is, I don’t reject a candidate because the resume has spelling or grammar errors. I have found blunders in the resumes of successful journalists and authors, so unless I’m hiring someone to write resumes, I don’t use resume mistakes as reason to reject candidates.

I feel the same way about interviews; I don’t particularly care how well a candidate interviews, I’m only interested in how qualified the candidate is.

Screening resumes effectively depends on having a very specific list of qualifications required of a candidate in order to perform the job being filled. As a recruiter I have often found that the qualifications provided by the employer are too vague, irrelevant or simply too numerous. It’s best to boil down the qualifications to the two or three truly essential for the job and then reject all candidates lacking them without concern for rejecting a “golden nugget.”

I don’t think it makes sense, for example, to reject a candidate with, say, 10 years of appropriate experience because they don’t have a college degree. Of course I’d prefer the candidate to have a degree, but I’m trying to find the best candidate in a pile of resumes, and since this candidate’s experience demonstrates he or she is qualified, potentially even the best qualified, I’m not going to reject based on a preference for a college degree.

By looking at the last two or three jobs on the resume, I can quickly evaluate the candidate for two key considerations: 1. evidence of job stability; 2. appropriate work experience at the proper level of responsibility. Job stability is the most important consideration as far as I’m concerned; the candidate’s resume should be dominated by positions with at least three, and preferably five, years of tenure. A habit of job-hopping assures the resume will not be read.

Appropriate work experience is clearly a decision factor. If I need candidates with experience in nonprofit fundraising, then either nonprofit fundraising is on the resume or it’s not. I then evaluate the level of responsibility and the years the experience. Typically, I’m filling management positions, so the resume must list managerial experience of the scope, and for the length of time, that I previously determined are required.

If the requirements for the position are not entirely clear, or qualified candidates are likely to be hard to find, then I may decide to sort resumes during my initial review. I label resumes as: “unqualified,” “possibly qualified,” and “qualified.” After I’ve gone through the batch, if I have enough “qualified” resumes, I probably won’t revisit the “possibly qualified” batch. If not, then a more extensive reading of the resumes in the “possibly” batch is warranted, combined with some online research on those candidates.

Aside from job hopping as a reason to reject, any misrepresentation, intentional obfuscation, or lie will cause me to reject a resume without hesitation. If a candidate has no reservations about fibbing on the resume, they will fib on the job.

Michael G Smith

Why don’t recruiters state the name of the employer in job postings?

May 30th, 2008

One of the chief reasons recruiters are hired to fill job openings is that the employer lacks the time or manpower to deal with job seekers responding to ads. It makes more sense, for a number of reasons, to outsource that responsibility by hiring a recruiter.

One might assume that providing the employer’s name in a job posting would be fine, so long as interested candidates are instructed to apply through the recruiter rather than the employer. But an astounding number of people think that it is perfectly OK to ignore those instructions and contact the employer anyway. They figure that, by applying to both the recruiter and employer, they increase their odds of getting an interview. Or, if they don’t hear from the recruiter (which only happens if they are unqualified for the job), they then contact the employer directly, figuring they have nothing to lose at that point.

The large number of utterly unqualified individuals who respond to a job posting is a sight to behold. Then there are those who feel the need to apply two, three or even four times. In fact, these two categories constitute the majority of responses to most postings.

Unlike most employers—especially those lacking a human resource department—I deal with this every day; I know what to expect and have put in place automated systems to handle the avalanche of responses. From the employer’s perspective, I reduce the workload arising from job postings in two ways: pre-screening qualified candidates, and insulating the employer from unnecessary outside contacts.

Michael G Smith

Are employees at nonprofits paid less?

May 23rd, 2008

A recent article in the Wall Street Journal appears to endorse the idea that those who work for nonprofits, particularly libertarian advocacy organizations, earn less than those who “sell out” and work for “corporate America.” In “The Tragic Irony of Beltway Libertarianism” (May 21, 2008) Thomas Frank maintains that individuals can either work for an ideologically compatible, but low-paying, nonprofit, or “forsake, say, the Cato Institute and instead help ExxonMobil pile up the pelf”.

Frank appears to be making the claim that what might (or might not) be true of a sector of the economy (e.g. nonprofit organizations pay less than corporations) is also true for each employee within it. He also points out that, from time to time, individuals leave the nonprofit sector to earn a larger paycheck in the private sector. While true, this implies nothing about the relative pay in either sector, especially considering counter-examples where a private sector job is left for a higher-paying position at a nonprofit.

All employees have preferences about the type of employer they will work for, where they wish to live, length of commute, willingness to travel, and openness to relocation. Exercising any of these preferences potentially impacts income by reducing the number of acceptable employers. An engineer, for example, who prefers to design automobiles, will likely earn less than an engineer who has no preference and is free to take whatever job pays the most. Does this imply that automobile engineers earn less than non-automotive engineers? No. It implies only that those who have few, or no, work preferences have more positions to choose from and sacrifice nothing by taking the most lucrative job.

Generalizations about what “someone” might make at a nonprofit compared to what they might make in the private sector are meaningless. Nonprofits, like any employer, require workers with certain skills and abilities; they pay whatever it takes to get them (or get by without employees). Characteristics such as leadership ability, self-motivation, and critical thinking skills are sought by these organizations, while corporations often seek just the opposite in their employees. A self-motivated leader with critical thinking skills might very well earn much more working for a nonprofit than working in the private sector.

Over time, the likely result of sorting employees in the marketplace according to the skills required by employers is that each worker ends up in the field that most highly values that particular worker’s innate skills, and each worker has maximized income, within the confines of their personal preferences.

Another consideration is that, for the most part, nonprofits of the libertarian type Mr. Frank discusses, are tiny compared with the average business. The Cato Institute—with annual revenue of less than $25 million—is the “ExxonMobil” of the libertarian movement; by comparison, ExxonMobil’s annual revenue exceeds $400 Billion.

There are many types of skills and employee characteristics that may be more highly compensated in one sector of the economy or another, but the private sector, since it is so much larger and complex than the nonprofit sector, simply has more different types of jobs and, therefore, more opportunities for high income. But it is a mistake to average out the incomes from each sector, compare the average, and then conclude that each individual employee earns less in one sector than another. It’s entirely possible for the nonprofit sector to have lower average wages than the private sector, yet each employee in the nonprofit sector is earning more than if they worked for “corporate America.”

Michael G Smith

Blunders, gaffes and boners, oh my!

May 13th, 2008

Tragic Comic
Resume and cover letter mistakes can be comic or tragic:
comic if we learn from them, tragic if we don’t.

I won’t reject a candidate due to mistakes on their resume or cover letter, but most hiring managers are not as forgiving.
Some examples from which to learn:

“Early Retirement, The website for people who used to work for a living”
  Sounds good, except this site’s author applied for a full-time job.

“Thank you for inviting me to dialogue with you about any/all appropriate positions; I believe my experiences and skill sets closely match the position announcement.”
  Always have a trusted friend read your proposed cover letter in order to avoid a first line fiasco.

“The under mentioned are the highlights of the experience that I can offer.”
  Grammatically correct? I have no idea, but it reads like hell, and that’s why you should have someone read your cover letter.

What should I say in my resume cover letter?

May 12th, 2008

Many job seekers believe that elaborating on their experience and skills in a cover letter enhances their chances of getting an interview. Although this belief underlies much of the available “advice” on writing cover letters, it is completely mistaken. The simple truth is that hiring managers have limited time and nearly unlimited resumes to screen; they just don’t have time to read cover letters.

(I should point out that “cover letter” in this context means a letter, or more typically, a cover message, as in an email message that accompanies your attached resume or application. Almost all resumes are sent by email these days, so “cover letter” refers to the email message you send to an employer or recruiter, or the text message inserted into the appropriate spot on an online application.)

The most efficient way to screen resumes is, well, to screen the resume and not bother with the cover letter. A quick review of a resume is all that’s required to place it in one of three categories: not qualified (the vast majority of all resumes); possibly qualified; and, almost certainly qualified. If the resume screener has enough candidate resumes in the “almost certainly qualified” category, the resumes in the other two categories are set aside (with the cover letter never having seen the light of day).

If the number of potentially qualified candidates must be reduced, the resume screener will take a more detailed look at the resume and possibly read the cover letter. It’s at this point the tactic of packing lots of info into the cover letter may backfire: information in the cover letter might be used to reject the candidate. Remember, the resume has survived the first cut and is now sitting in the “to be interviewed” pile, so the ideal letter for this situation says simply, “Please consider me for the position you recently advertised”, as it avoids providing the screener with any information that may be used to reject the candidate.

Rest assured that if the cover letter is long-winded, contains stupid comments (”out-of-the-box thinker”; “I’m a people person”), contains some otherwise benign detail that is viewed negatively, or any one of a thousand other problems that the job seeker may not anticipate, the resume will move out of the “interview” pile and into the “not now, maybe later” pile.

Since one cannot know with certainty how the person reading the cover letter will react to any particular bit of information, it is best to let your resume carry the full load of securing an interview. Don’t risk providing a reason in your cover letter to undo what your resume may have already accomplished.

Michael G Smith

Negotiating salary: overstating your current income or desired salary can cost you

May 7th, 2008

Job candidates sometimes outsmart themselves when discussing compensation with a prospective employer. Forget what you may have learned about negotiating tactics, as you may sabotage the job offer.

Here’s what can happen: if you stretch the truth about how much you currently earn, or provide an inflated “minimum” amount of compensation you are willing to accept, the prospective employer may offer the job to another candidate who has asked for less.

Say, for example, you tell a prospective employer that you wish to earn $100,000, figuring you can then “negotiate” down to $90,000, an amount with which you would be pleased. The other candidate, however, may ask for $90,000, which is the number he or she really wants. Naturally, the employer takes both candidates at their word and proceeds to offer the job to the employee who will cost less (assuming, of course, both candidates have roughly equal skills).

Suppose you give the employer an honest, minimum compensation number and they then make an offer that is lower? This is not a problem; it doesn’t make a bit of difference what amount you ask for, or what amount they offer, since you alone control whether you accept the offer or not. If the offer is too low, turn it down and reiterate that the number you provided earlier–your minimum compensation amount–is truly the minimum offer you will accept.

If the employer is unwilling to come back with an offer at, or above your minimum, then either the employer has another candidate that is not quite as desirable as you, but somewhat less expensive, or the amount the employer offered is simply the most they are able to spend.

In my experience, employers do not typically reduce the amount of compensation they plan to offer when they learn the candidate is willing to accept less. Surprised? Think about it; if the employer decides that, for a variety of reasons, salary “X” is the right amount to pay for a certain quality of employee doing a particular job, then why pay a different amount? If money had been the most important consideration, then the employer could easily have sought out a less expensive employee.

I have also found that it is much better for the employer to find out before the offer is made that the compensation amount is not acceptable to the candidate. It is usually easier for the hiring manager to secure approval for higher compensation during the process of preparing the offer, especially if the request is based on specific information provided by the candidate. Once the offer is made and rejected, though, the manager’s harried effort to secure more money will likely be seen as an attempt to salvage a bungled hire.

Michael G Smith

Working from home; finding a work-from-home job

May 5th, 2008

Question: Are there employers hiring “remote” or e-commuting team members in the area of web production, content management or web editing?

I have read a lot of articles about this growing trend, and some envious examples of people working from the beach. But, in reality, are American companies willing to trust and hire someone for their talents and ability to produce without their regular presence at an office (not contractor or self-employed)? I’m looking for perspective and insight from both management with employees working from home, and from individuals who work from home.

- Is e-commuting a benefit that is offered upfront and detailed in job listings, or is it something that is usually negotiated?
- If you work from home in a tech-related, full-time job (not contractor or self-employed), could you share some tips on how you did it?
- What are some ways to “sell” the idea of working from home to your boss?

I’m not looking for a new job, but more wanting to understand the HR and Management related issues around this topic.

Josue Sierra
Marketing Lead at JPMorgan Chase

Answer
From the employer’s point of view, e-commuting is not viable for most jobs and as a result, some employers are hesitant to open the door to that option. Nearly all management positions require the manager to be on site in order to mentor their staff and direct their activities. By the same token, less experienced employees who wish to develop management skills and eventually become managers themselves cannot expect to do so if they work off site.

From a quality of life perspective, working from home appears to offer advantages—flexibility in regard to work hours, less micro-management, and lower commuting costs. However, individuals who have worked from home or in a one-person office are aware of the disadvantages of this arrangement— loneliness (no social interaction with office peers), difficulty in getting motivated, and lack of real-time information flows that may affect the direction of the project you may be working on.

Taking these considerations into account, there are certain types of work where the trade-offs are worthwhile. By foregoing the requirement that an employee work on site, an organization can gain access to a larger pool of qualified candidates and possibly lower their costs as well. In fact, this is exactly what outsourcing is, since there isn’t really much difference between having an off site employee and an off site vendor—the considerations underlying the decision-making process are much the same.

To answer your last question first, selling the idea of working from home is tough, since your boss already has the preferred situation and is not likely to settle for less. The only real leverage you have is if you offer to work from home instead of quitting. This may appear to contradict what I’ve just said above, but keep in mind that you’ve already been hired and so the employer has already considered the question of hiring someone to work off site. The reasons for hiring someone off site—access to a larger candidate pool and potentially lower cost—don’t apply to you as an existing employee.

From the employer’s perspective, converting an onsite employee to an off site one has few advantages (your office or cubicle becomes available to another employee, yet only if you never work in the office), but many disadvantages (less accountability, and more difficult and slower communication). Unless the employer is faced with losing the employee and having to find a replacement, there is no advantage to the employer in agreeing to your proposal.

As for job listings, sometimes the employer will state upfront that the position can be performed from home. If the employer does not mention that in a job posting, you should raise that point during the first conversation with an interested employer and see how they respond.

Michael G Smith