middle managers/ "My job offer was rescinded after giving notice"

May 5, 2017 "How middle managers tend to stifle innovation": Today I found this article by Jennifer Reynolds in the Globe and Mail:

In a world where the pace of change throws ever-increasing challenges at our businesses every day, companies need to be agile and nimble. The ability to shift strategies and practices to reflect new technologies, regulations and market dynamics provides a critical competitive edge.

Is your work force up to the challenge? Does your corporate culture allow new, innovative ideas to rise to the top? Does it value diversity of thought?

Research shows that one of the biggest challenges to innovation and change can be what is often referred to as the “frozen middle,” those middle managers who are the gateway between junior to mid-level employees and leaders in the corporation.

The frozen middle is the most conservative layer in the organization. It is the most resistant to new ways of doing business and to innovative ideas. “Middle-status conformity effect” leads individuals to choose the safety of the tried-and-true over ingenuity. Middle managers have worked hard to gain respect and value in their standing, and they do not want to jeopardize that status. They prove their worth by conforming to the corporate culture and the norms of established business practices.

The implication this has, from a talent perspective, is that the frozen middle tends to also weed out diversity in the hiring and talent-development processes. The desire to conform and reinforce norms results in the hiring and promotion of people who “fit” with the team in place. History has proved talent that looks and thinks like the current management team is successful.

To my mind, this is the largest impediment senior leaders face today when they strive to achieve diversity in their talent pool.

I’ve seen inspiring leaders champion diversity initiatives, supported by best-in-class human resource practices and professionals, yet still they struggle to achieve results. The reason for that lack of progress is the disconnect between a leader empowered to take risks and middle managers heavily invested in the status quo. The challenge for leaders is bridging the gap between the desire for change and an infrastructure of risk-averse middle management.

The simple answer to the question is compensation.

Employees will give lip service to new, innovative initiatives CEOs are championing, yet translating that into a change in behaviour when everyone is back at their desks, going about their day-to-day business, is a tough row to hoe. While compensation is a somewhat blunt instrument to drive cultural change, it does send the irrefutable message that the CEO is serious about evolving from the status quo.

For business leaders hoping to drive transformational change in their talent pool and company, there is no doubt that compensation is an integral part of that process.

Management at all levels needs to be held accountable for hiring, developing and promoting diverse talent. They need to be compensated for the success of that talent in order to truly be invested in driving diversity in the organization. If performance evaluations do not include clear objectives and rewards for the diversity goals of the company, then employees will quickly dismiss the initiative and focus on those objectives that result in greater compensation and more rapid promotion.

Inspiring cultural change and innovation at all levels of the organization is no small feat for any leader. The propensity of middle management to opt for the status quo should be factored into any initiative that aims to shift the talent pool and culture in the company.

Middle management must be rewarded by senior leaders for taking evolutionary risks and driving diversity of thought and innovation. Motivating those employees to challenge the status quo is the key to building diverse talent pools and competitive companies that are up to the challenges of today’s global economy.

Executives and human-resources experts share their views in the ongoing Leadership Lab series. Follow us @Globe_Careers.

https://www.pressreader.com/canada/the-globe-and-mail-ottawaquebec-edition/20170505/282041917037776

May 15, 2017 "My job offer was rescinded after giving notice. What can I do?": Today I found this article in the Globe and Mail:

THE QUESTION

I accepted an oral offer of fulltime employment in the morning, only to have it rescinded in the evening. In the interim, I gave notice to my current employer, where I worked three days a week for the past 18 months. After the new job evaporated – the hiring manager said she’d made a mistake, that someone else had already been hired for the role – I called to ask for my old job back. Several days later, I received a letter informing me that my services were no longer required. Is there any recourse against the people who offered the job and then pulled it back?

THE FIRST ANSWER

Eileen Chadnick

Principal, Big Cheese Coaching, Toronto

Oh, that’s a bad break. And unfortunately, a tough way to learn a crucial lesson: never give notice until you have a written offer. I don’t believe you have any recourse, but a legal opinion will provide better input on that. Given the situation, here are a few thoughts on what you can do to make the best of it.

Leverage the experience you had with the 18-month job and update your résumé with new skills and/or accomplishments gained. If you had a good working relationship with your employer, speak authentically. Share that you were hoping for a full-time role and that circumstances changed. While you won’t likely get your job back, you can ask if they would be willing to be a reference. Acknowledge you will be looking for a full-time role, but if they can use any additional “hands on deck,” that you would be open to freelance as an interim solution.

The outcome to this will greatly depend on the quality of your work, the relationship, and the overall integrity you demonstrated in the duration of your employment as well as in giving notice. Which leads to another equally important lesson: Always do your best, and operate with integrity right to the end. You never know when bridges will need to be crossed again.

THE SECOND ANSWER

George Cottrelle Partner, Keel Cottrelle LLP

You may have possible recourse against both the prospective employer and your former employer.

As you had not commenced employment with the prospective employer, your employment law rights are unclear, but you may have a claim for breach of contract. There was an unconditional offer of employment, which you accepted, resulting in an employment agreement. An employment contract does not need to be in writing in order to be binding, although an oral offer and acceptance may be subject to disagreement as to what was actually communicated.

Canadian law recognizes the vulnerability of employees in the hiring process and generally imposes a duty of care on employers, who may be liable for careless misrepresentations made to job candidates, resulting in economic loss. In this case, there was a misrepresentation made to you about the availability of a job, that was offered to you, when in fact the job was already filled. You reasonably relied on the offer of employment and resigned from your employment, giving up your income.

You do not have a legal right to require the prospective employer to hire you, but you may have a claim for some portion of your lost income.

In addition, you may have a claim against your former employer for wrongful dismissal. An employer cannot terminate employment by accepting a resignation after an employee has withdrawn it. It appears that your former employer did not accept your resignation until after you had retracted it, by asking for your old job back.

https://www.pressreader.com/canada/the-globe-and-mail-bc-edition/20170515/281977492547260