Career Growth and Compensation

Recognizing possible cultural barriers

Profiling during interviews or when receiving an offer:

• Have you experienced unconscious or conscious bias during an interview process or when an offer was extended?

Unable to advocate for yourself or not being advocated for:

• Have you felt unable to advocate for yourself on why and/or when you deserve a promotion?
• Is your manager not advocating for you despite numerous positive performance reviews?
• Do you feel as if you are unable to break into leadership roles?
• Were you deprived of mentorship/an internal career mentor (who is not your direct manager) despite many requests?

Being overlooked during performance reviews and/or promotion cycles:

• Were you overlooked for a pay increase/promotion due to excuses such as performance OR has someone else been given a pay increase/promotion over you?
• Have you gone through several promotion cycles without a promotion nor given reasoning as to why?
• Were you given a change in responsibilities with no change in title (hierarchical imbalance) OR unreasonably been given more responsibilities after a performance review?
• Have your performance reviews changed despite producing consistent work that previously produced positive reviews OR do the performance review narratives omit time consuming, “secondary” not in original job duties tasks/projects?
• Have you received a Performance Improvement Plan?

Overvalidation & workload dumping:

• Do you feel pressured from expectations of being good at or knowing something?
• Do you feel like you are being set up for failure because your work is never enough or because the workload becomes increasingly difficult? Does it feel like your employer is intentionally giving you a hard time in hopes that you will quit on your own?
• Are you given undesirable “housekeeping” work or more work due to misconceptions of being a pushover or a hard worker who is able to handle a higher workload. In addition, do these time consuming non strategic/non bottom line tasks go unrecognized during performance reviews?

Unreasonable pay or terms when leaving the company:

• Have you not been paid for what you’re entitled with no contingencies OR have you been given unreasonable severance terms or pay?

How to navigate those barriers

During the interview or upon receiving an offer:

What should I look out for during an interview?

• Take note if your initial interview is done in-person or requires you to turn on your video camera. The initial phone screen should usually take the form of an audio only interview that aims to understand if your background fits the job description for the role.
• Take note on whether or not your interviewer asks you any questions that would lead you to reveal details about your ethnic background and/or any other protected class areas.
• If you have a disability as defined by the The Americans with Disabilities Act (ADA) you may be eligible to request reasonable accommodations should you be requested to come for an in-person interview.

Do I have to reveal how much I have made in my previous roles?

• You do not have to disclose what you’ve made in previous roles.
• Generally a recruiter will verify your salary expectations in the initial phone screen. Some organizations may not ask you this question as they may not have built this into their process just yet.

How do I navigate pay transparency in interviews or before signing an offer?

• It never hurts to ask about the salary range for the role in general. If they are not able to disclose the salary range, chances are that they are hiring in a state that does not mandate pay transparency laws OR they likely have not internally built a solid compensation plan.
• For states with pay transparency in place, you may ask about the salary range for the role, the exact job family/department (engineering, marketing, etc.), and how jobs are ranked if they have a tiered salary band approach (based on experience and/or years of service).
• If you are finding that the company is not sharing a salary range and they are hiring in a pay transparent state, you may be able to report this violation to the state’s labor regulating agency. If this is something you feel strongly about taking initiative on, it is highly recommended that you do in depth research on what the penalties are for that state and/or that you consult legal counsel.
• If a company is advertising a remote role in which they are willing to hire in any US state, they are likely subject to pay transparency laws since “any US state” encompasses the states that do mandate pay transparency laws.
• States offering pay transparency (updated June 2023): CA, CT, CO, MD, NV, RI, NY State, NYC, WA.

What are some ways to negotiate pay when receiving an offer?

• Always do research in advance on what the salary range looks like on the market for the types of roles you are interviewing for. Make sure to take into account how many years of experience you have in the field, your education levels, certifications you possess, and the technical skills/knowledge that you offer. Keep in mind that salary ranges can vary by location, industry, and the financial state of the company. With these factors in mind, you can use these tools to negotiate your salary relative to what qualifications are being asked for in the role.
• All salary ranges are negotiable to some degree, even if they’ve posted their salary range in the job description. It never hurts to ask if a range is flexible and offer logical reasoning as to why you are asking for a higher salary.
• If the offer you receive is on the lower end of the salary range that was disclosed to you, it may be helpful to have a conversation with the company on why the lower salary is being offered. Your best chances of avoiding this type of situation is to make sure you have this conversation at some point during your interview process before an offer is extended to you. This prevents any hard feelings when you attempt to negotiate for a higher salary since you set your expectations in advance. If you receive a lowball offer that is well below the salary band that was disclosed to you, this could be a big red flag and you should aim to document their reasoning as to why you were offered a much lower salary.
• Companies are always considering compensation as a total package or “total rewards.” In addition to the annual salary, this could include variable compensation or commissions, annual bonuses, performance bonuses, sign-on bonuses, equity/stock options and other non-monetary or fringe benefits.

What happens if I receive a request for a background check or personal information before an offer?

• In most states, it is normal for a background check to be requested prior to an offer being extended. However, there are a few states that do not allow for a background check or have limits on what type of information may be requested BEFORE extending an offer. Some states may have what is called “ban-the-box” legislation which places limits on asking certain questions around criminal history.
• This does not, however, completely stop a company from enforcing background checks as long as they can justify a compliance need, and offer acceptances can still often be contingent upon a background check. Examples include finance companies ensuring that you have no criminal history in mishandling funds, or health facilities ensuring that you do not have a history of violence or drug abuse given that you may be interacting with patients and/or have access to prescriptions for those patients.
• It is important to understand the difference between this type of compliance need and simply filtering out bad apples. For example, a majority of those who have been rejected for roles due to this type of screening practice can often be minorities facing discriminatory practices.
• If you receive a request for any type of personal information, it is important that you do research on what is allowed for the state that you will be working in and/or consult legal counsel.
• States that have ban-the-box laws (updated June 2023): CA, CO, CT, DC, GA, HI, IL, MA, MI, MN, NJ, NM, OR, RI, VT, WA.

During performance reviews or in general:

How do I know what my growth opportunities are within the company?

• Setting expectations with your direct manager will be the most important piece to understanding whether or not your performance is being overlooked for reasons outside of your control, or if there truly is room for improvement. Documentation, being explicit about expectations, and whether or not you are meeting those expectations can help support your case when discussing promotions, as well as pay increases.
• If your company has a pay structure, (generally tied to a leveling structure associated with title and competency models) ensure that you have a clear internal understanding of not only where you are on that structure, but also where your manager feels you may fall on that structure. If your perception of where you feel you may be on the structure does not align with that of your manager, have a thoughtful conversation that aims to understand why and what factors your manager may be considering when determining whether or not you have “leveled up” in the structure. Keep in mind that your manager may have limits on how they are able to move you within or across salary bands.

Am I getting paid enough or equal to my peers?

• Budgetary restrictions are usually a common and legitimate reason for a company not to grant an increase.
• Most of the states previously mentioned also offer pay transparency protections for already active employees.
• For states with pay transparency in place, you may ask about the salary range for the role, the exact job family/department (engineering, marketing, etc.), and how jobs are ranked if they have a tiered salary band approach (perhaps based on experience and/or years of service).
• If you are finding that the company is not sharing a salary range and they are hiring in a pay transparent state, you may be able to report this violation to the state’s labor regulating agency. If this is something you feel strongly about taking initiative on, it is highly recommended that you do in depth research on what the penalties are for that state and/or that you consult legal counsel.
• If you feel someone on your team or someone in an equivalent role or level received a promotion or pay increase over you, ask for feedback from your manager but keep the conversation focused about yourself and your qualifications. If you have confirmed for a fact that someone had received a pay increase over you, have a thoughtful conversation with your manager to understand the context and rationale for it and don’t forget to document this conversation.
• It is okay to discuss salary among your peers as it can be a protected concerted activity.

How do I seek growth opportunities within my role?

• If you are new to an industry or role, doing independent research and finding resources on possible career paths and job responsibilities for your current role can help you in having the right conversations with your manager and asking the right questions about possible growth within your role.
• As an experienced professional in your field, it is important to have a clear understanding of your current role. This should be laid out in your job description or the original job posting you applied for when you started your job, or in an updated job description provided to you upon a change in title or job responsibilities. If it is not clear, make sure to document any conversations you have with your manager when you ask for clarification on your job duties.
• If there is a role or set of responsibilities that you are vying for, understand what the difference is between your current role and the desired role and, if possible, have an idea of generally what the company looks for when it comes to filling that role. There are some instances where there may be a job posting that you can refer to. Ultimately, you will want to check in with your manager on how you can achieve the assumption of the desired role, which you can later use to advocate for yourself when it comes time to ask for a promotion.
• Ask for a mentor if possible.

I’ve hit the bamboo ceiling, what are some ways to approach this barrier?

• If you are finding that you are being passed up during several promotion cycles despite having several positive performance reviews, ask for feedback. Reiterate your interest in the opportunity and ask questions like, “As you know I’m interested in continuing to grow in this role, could you provide feedback on an area or two that would be important for me to develop further in?”
• In some instances, your manager may continually give you the same reasoning for not giving you the promotion despite all of your documented efforts to meet their expectations. It is important to recognize whether or not your manager is looking out for your best interest while working within the bounds and limitations of your company, or if there may be other outside factors that are influencing your manager’s decision not to promote you.
• If your performance reviews begin to change despite producing consistent work that previously produced positive reviews, a potential way to ask for feedback could be: “I noticed that there’s been a change in the feedback I’ve received in my reviews, could you provide some insight on why that is and what exactly that you’d like to see from me?” Don’t forget to document your conversations.

How do I approach a performance improvement plan?

• Performance Improvement Plans (PIP or 30/60/90 PIP) are a tool often used by companies to formally document a disciplinary process (as a pro-forma step) that can ultimately lead to termination, and some can often be predetermined.
• If you find yourself presented with a PIP, it is very important for you to listen and not to act rashly to the feedback being given to you. Instead, seek to understand what events prompted this PIP with an approach that shows that you are open to feedback and would like to improve. Having a full understanding of and documenting what the PIP is addressing as well as why it is being given to you, will help you grasp whether or not you are truly facing a performance issue or if there are reasons beyond your control. Take every chance you can to have regular one-on-one’s with your manager to make sure you are on track and document the entire process as this can help you spot any inconsistencies in feedback.
• If possible, ask for an Intensive Mentorship Plan (IMP) in place of your performance improvement plan. This presents a true opportunity to improve that not only garners the dedicated support of your manager, but also highlights the intent to benefit and retain you as an employee.

How do I set boundaries to avoid overvalidation and workload dumping?

• Keep in mind that some companies are within their rights to add to or change your job duties based on your role and the needs of the company. If your new duties present a material change in your role, meaning your job is completely different than what it was before, seek to understand how the company has shifted and why you were chosen to perform those duties to accommodate this shift. Recognizing the difference between added tasks versus added accountability can help you to advocate for yourself in being clear about your capabilities, how much of the workload you are able to handle, the time it takes you to complete your work, and what can realistically be done.
• Generally a title change is not required but it is important to note if those duties closely resemble the duties of another employee and the hierarchical treatment of the role for that employee as this may present inequities between yourself and the other individual that you may want to address with your manager and document.
• Make sure to document any extra housekeeping work that you are being asked to do as this type of work can often go unrecognized or unacknowledged during performance reviews. This kind of work can often be referred to as “non-promotable” tasks and commonly affect women in the workplace. Having records on when you did something, how long it took, who tasked you with the work, why you were asked over others, who those others were, etc. can help you to advocate for yourself when discussing your performance or should you feel overstretched due to the higher workload and need to ask for help.

When leaving the company:

What do I look for in my final paycheck(s)?

• If you are leaving the company, make sure you have a full understanding of what types of compensation you are entitled to upon exit and within what timeframe your compensation should be paid to you. You are entitled to your base salary pay for the time that you worked within a given payroll cycle. In some states there are laws around when payments should be paid to you and in what form of payment. An example would be a requirement to pay you your base salary on your last working day in the form of a paper check.
• Ask for a breakdown of what you will be paid if the company has not done so already. If the numbers do not add up to you, there is no harm in asking your HR/Finance team to provide the calculations so that you may understand how they came up with the payout numbers.
• Other compensatory factors may be subject to the terms of your offer letter, your most recent pay increase communication, or the most recent update of the company’s policies. Generally if the company properly announces their policies and makes them readily available for employees, the terms of those policies take precedence.
• Payout of variable or commission payment, more often than not, is considered contingent payment and will be subject to terms laid out in the company policy. Paid time off and other forms of benefits that carry monetary value are also subject to terms of company policies and will generally carry terms that are to the discretion of the company. If you feel that the company failed to compensate you for anything else other than your base pay, be sure to ask for clarification on why it was not paid and ask them to specify which policy they are adhering to. Be sure to have it in writing.

What can I do when I receive a severance agreement?

• Companies are not obligated to offer you a severance payment. This type of payment is usually offered as an exchange for a severance or separation agreement. Likewise, you are not obligated to sign the agreement and you will still be entitled to your base salary payment. Other compensatory factors are still subject to company policies.
• There are certain protections against severance agreements for those over a certain age limit. If you are over the age of 40, you are generally given between 21 and 45 days to return a signed severance agreement and another 7 days to revoke it if you change your mind.
• There are many reasons why companies are compelled to offer severance agreements. It is very important that you fully read and understand the terms of the agreement.
• Due to the contractual nature of severance agreements, we highly advise that legal counsel is consulted before returning a signed severance agreement. You can look for legal counsel on an hourly basis, which can generally be the most expensive option. Alternatively, you can consult legal counsel on a flat fee basis, and/or on a contingency basis where you pay a fee for the first few hours and the attorney keeps 30-60% of anything negotiated above the original severance amount.

How do I negotiate my final severance paycheck(s)?

• Take note of all the compensatory pieces mentioned in your severance agreement, often referred to as a severance package. The severance package can be broken down in many ways and can include: your base pay, variable or commission pay, unused paid time off pay or any other compensatory benefit payout, bonuses, any payment due to you in arrears including unreimbursed business expenses, equity, and/or severance pay.
• Although the amount of severance payment is at the discretion of the company, the general rule of thumb for how to determine the amount paid is 1-4 weeks’ worth of salary for every year that the employee has worked with the company. This rule is not set in stone, which means that the company may offer you much less. However, your severance can still be negotiated.
• A few tools to consider when negotiating your severance pay: your tenure with the company, any documentation that you’ve kept of your performance or contributions to the company, or how motivated the company may be to have you sign the severance agreement based on your relationship with company members.
• Company medical insurance can be worked out as part of the severance package should you require additional time to transition your coverage, however, companies are not obligated to offer this.
• You will usually receive a COBRA notice that allows you to continue your company medical insurance that would require you to pay for your own premiums out of pocket. The company should also provide you with information on your right to apply for unemployment.
• Many states have passed laws that bans severance agreements from including non-disclosure and non-disparagement provisions that waive your right to speak up on workplace issues. In general, it is a protected concerted activity to speak among your peers about workplace concerns or conditions. Check the laws in your state here: https://silencednomore.org/legislation