April 28, 2008 | Link This | Email this | Comments (1)

Q. A skilled electrician, who has been with us for eight years, had a non-work injury and was absent for six weeks. We are a very small company of 15 people, but I held his job because he is really good at it. He called me last week and said he has a doctor’s release to come back to work on Monday but said he will not come back unless I give him a $3.00 an hour raise. I explained that I cannot afford to do that. Today, I received an unemployment claim that states he was fired for requesting a raise. Is that true? I never told him he was fired.

A. Your electrician did not request a raise in pay; he gave you an ultimatum. When you said “no,” he had two choices—come back to work at his current pay rate or quit. He obviously quit. Be sure to respond to the unemployment claim quickly because the claim is time sensitive a...Read More
Industries: Executive Management

March 26, 2008 | Link This | Email this | Comments (2)

Q: Our company’s janitor told me that he was sweeping up the locker room when Tony, a 15-year local driver, opened his locker to get his jacket. The janitor said he saw a gun lying up on the top shelf. Can I open and search this employee’s locker? We have a policy against weapons in the workplace and we don't live in a state where there is a "concealed weapons" law. Our policy says we forbid weapons in the workplace.

A: Your issue is serious. Since you live in a state where a concealed weapon is illegal, and there is suspicion of an illegal weapon in your workplace, you are now “on notice.” I would put the brakes on searching lockers. Since you own the lockers and they are certainly your property, you have the right to open them. I also hope you have issued the lock that can be found on any locker. That ma...Read More
Industries: Executive Management

January 16, 2008 | Link This | Email this | Comments (6)

Q: My chief buyer is a salaried employee, who is not paid overtime. He supervises three employees. He has been showing up late, taking long lunch breaks and leaving early. When I confronted him, he said that he is not required to account for his hours because he is salaried and must be paid his full salary. I want to dock his pay for hours he does not work to force him to be more punctual. Can I do that?

A: Sounds like your chief buyer has figured out how to take advantage of his “exempt” status. There are very few circumstances under which you can dock the pay of an exempt employee, especially by the hour. Exempt employees are not paid by the hour. I would remind this employee that he is responsible to supervise employees and that you expect him to be at work during the hours his employees are required to be there.
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Industries: Executive Management

November 21, 2007 | Link This | Email this | Comments (0)

Q: We don't have a drug/alcohol testing policy, but an hour ago one of my receivers told me he is sure he smells alcohol when he gets near the forklift operator. Even though we don't have a drug/alcohol testing policy, can I require him to go for a drug/alcohol test? I am worried that he could hurt someone.

A: You are wise to be worried. Although you do not have a formal drug testing policy, if you operate a business in the United States, you are required to have a drug-free workplace. That includes both drugs and alcohol. If your employee works in a “safety sensitive” job, testing is mandatory. To address your immediate need, you should bring the employee to a place for a private conversation and tell the employee that you have reason to believe that he is impaired with alcohol. Assure him you are not certain about the level...Read More

October 9, 2007 | Link This | Email this | Comments (0)

Q. Our business is slow right now and I need to lay off three people from the warehouse for about three months. Whether I lay off by seniority or skill, all three will be minorities. I have 15 employees in the warehouse and there will only be one minority left among them after the lay off. What should I do to be sure I don't get sued for discrimination?

A. There is absolutely nothing you can do to be sure you won’t get sued. People sue for a hobby. The issue is not being sued, it is being successfully sued. You have taken the most important first step in layoffs. In human resources we call this process an adverse impact study. Whenever we prepare to take an adverse action in the workplace that involves employees, it is wise to do a formal study to see the impact against those affected. We study the impact based on gender, age and m...Read More