Supervisor legally can seek hearing test, view results
I have been working for my present company for seven years, answering the phone and doing other work. I work in an office where most of the callers are not American-born and speak with heavy accents; additionally, they usually use cellphones. My manager asked me repeatedly to see a hearing specialist, because she is convinced that I am hard of hearing. I finally agreed to the appointment, but now I am afraid she will want to find out the results. I am almost 64 years old and do not think I am ready for a hearing aid. I suspect they are looking for an excuse to get rid of me. Do they have the right to get the results from me? Can they insist I get a hearing aid or I will be fired?
According to guidelines established by the Massachusetts Commission Against Discrimination, ''employers may conduct medical examinations (and/or make inquiries) concerning the ability of the employee to perform job-related functions, or where there is evidence of a job performance or safety problem," says Dan Field, attorney with Morgan Brown & Joy.
This means that your supervisor was not breaking the law when she requested that you submit to a hearing test, and that legally she can request that you share the test results with her. Answering the telephone is an essential function of your job. It seems possible that some age-related hearing loss, coupled with difficulty in understanding heavily accented speech over the telephone, and fuzzy cellphone connections may all be contributing to a decline in your job performance.
If you are having performance problems, your supervisor may be taking the right steps to help determine if you need a hearing aid or other accommodation to continue to do your job. Try to view your supervisor's actions in this way, rather than as a covert way to get rid of you. You have nothing to lose by sharing the results with your employer. Your test results may come back negative, indicating that the problem lies with the callers rather than with you. Or, your test results may indicate that you need some auditory device as an accommodation to continue to do your job.
Accommodation might take the form of a modification and amplification of the phone itself, at the employer's expense, rather than a hearing aid, if you don't need or want the latter. Also, there is a device, similar to the listening devices that people wear around their necks while in the theater, that is designed for use when talking on the telephone. It might work well for you.
The Americans With Disabilities Act specifies that your employer is required to make and pay for any reasonable accommodations that will allow you to continue performing your job. If your employer is unwilling to support the necessary reasonable accommodation, and instead dismisses you, then you might have a lawsuit for both disability and age discrimination, says Marc Greenbaum, Professor of Employment Law at Suffolk University.
Changes raise pay, performance issues
My company has gone through multiple changes in the past year, including downsizing my department from five people to just me. In the past year, I worked an average of 75-plus hours a week, including weekends and holidays. I gave up vacation time, sacrificed relationships, and burned myself out. I was shocked to receive a ''does not meet expectations" review, and even more shocked to learn my boss did not read my self-review, which addressed many of the concerns he faulted me for -- which are beyond my control. To top it off, I did not get an increase or a bonus. I'm salaried, but can I go after the company to compensate me for the extra hours I worked? HR told me I'm obligated to work the amount of hours it takes to complete my tasks, but at what point is it considered excessive? I really do love my job and the people. My boss is the only bad apple, and at this point I'm still waiting for my rebuttal to my review to be answered.
Your letter raises several important issues, such as eligibility for overtime compensation, performance reviews, and work-life balance.
Although it is difficult to tell if you are entitled legally to overtime pay for your long hours, I assume that you are not. As a general rule, workers must receive overtime pay (1.5 times their regular pay rate) whenever they work more than 40 hours in a workweek, unless they qualify for one of several ''white-collar exemptions" to the overtime law. Being salaried is one of these exemptions.
As for your performance review, your employer has no legal obligation to respond -- either in writing or orally -- to your comments.
Actually, employers have no legal obligation to conduct performance evaluations, but if they do, Massachusetts law requires employers keep copies of written performance evaluations in employee personnel files. The same law requires an employee to have an opportunity to provide a written explanation of any negative material, which is also kept in the employee's personnel file.
''The law suggests that where there is a dispute about negative personnel file information, the parties try to come to an agreement about correcting it, but it does it not require the parties to agree," says Field, the Morgan Brown attorney.
Performance reviews can and should be interactive. Think of a performance review as a conversation between an employee and a supervisor, a chance to reflect on the past year -- what went well, what didn't go well -- and to develop mutually agreed upon goals for the year ahead.
I suggest that you schedule frequent meetings with your supervisor, to get periodic feedback on your performance, rather than waiting for the annual performance review. Perhaps you could request a more formal half-year evaluation which would include a salary review. If you are able to demonstrate that you have met or exceeded your performance goals in six months, you might be able to request a midyear raise, rather than waiting another six months.
Finally, I can understand why you are feeling so angry about a negative review and no raise, especially because you feel you subordinated your personal life to work. No job is worth sacrificing vacations, relationships, and your health. You need to learn the fine art of sometimes saying no, of working smarter rather than harder, of working more efficiently rather than longer, and of finding and doing things outside of work that help you to relax, enjoy, escape, and prevent burnout.
Cover letters help emphasize experience
How important is a cover letter? I know resumes get a quick glance, so are cover letters read thoroughly? Or just put on the back burner? Recently, I've noticed that some jobs I apply for online don't even give me room to write a cover letter. How do I write a good cover so that I can be noticed?
A strong cover letter can personalize your application for employment. Remember that the purpose of sending a resume and cover letter is to secure an interview.
Some people think they need to do something catchy to make their cover letter and resume stand out from the many employers receive for each position. Be careful about that; unless you are in advertising or some other creative field, sometimes offbeat, creative, catchy or different resumes and cover letters are more of a turn-off to employers than a positive advertisement for you.
Writing a well-crafted error-free resume and cover letter will make you stand out enough from those people who don't bother to do that.
Here are some guidelines to follow when writing a cover letter: Try to address the letter to a human being, not to ''To whom it may concern." Find the name of the human resources representative who is handling this job search or the name of the hiring manager. Make certain to spell the person's name correctly. A misspelled name is worse than using no name at all.
Keep it short -- use clear, concise sentences. Vary the sentence structure and don't begin every sentence with ''I." Proofread your letter, check spelling, and proofread again. If possible, have someone else read your letter before you send it.
A cover letter is not a rehash of your resume. It is the opportunity to direct the hiring manager's attention to the sections of your resume that emphasize your most relevant work experience. Include your name, address, e-mail address, and telephone numbers on your cover letter as well as on your resume.
A cover letter consists of three parts: the beginning, which you let the employer know in the first sentence or two how you heard of the position or the company; the body, which is a short paragraph where you highlight one or two points from your background, education, and/or work experience that are directly relevant to the job vacancy; and the close, where you mention you would like to discuss this further in an interview. Try to keep control of the process by indicating that you will call the employer to follow up and to schedule an interview.
When applying to jobs online, cover letters have become less important or, in some instances, obsolete.
When a more personalized approach is used, including sending a cover letter, the applicant may have two chances, rather than just one, to pass the screening.
E-mail questions to jobdoc@globe.com or mail to Job Doc, The Boston Globe, P.O. Box 55819, Boston, MA 02205-5819. Roni F. Noland is a freelance writer and career counselor/coach based in Milton. She specializes in work/life, career change and workplace issues. 
