Employee Should Discuss Postponement of Vacation

Question: Is it legal for a company to force an employee to cancel a vacation--at virtually the last minute--under the threat of losing their job? The vacation had been approved in advance and I believe it is against the company’s personnel policies and procedures. It seems like it should be illegal.

--J.H., Huntington Beach

Answer: Postponing (I’m assuming that your vacation was merely postponed, not eliminated completely) an employee’s vacation at the last minute is a terrible thing to do. However, there are no employment laws pertaining directly to vacation scheduling. So, your employer’s action was not illegal. You should review the company’s personnel and procedures policies to determine if your employer’s action violated any company policies.

Have you discussed the situation with your employer? Did your employer have a good reason for postponing your vacation, such as some sort of emergency that necessitated that you be at work? It certainly sounds like better communication is needed.

What was also quite disturbing was your employer’s threat of you losing your job. Such extreme threats are, in nearly all cases, an extremely bad management practice. They are heavy-handed and punitive and negatively impact employee morale. Moreover, the supervisor sets up a confrontational situation where the subordinate may try to “call the bluff.” This can lead to a no-win situation, where the supervisor must either back down and lose face, or follow through with the threat, in which case the company could lose a valuable employee.

--Ron Riggio, Professor of psychology, Cal State Fullerton

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Question: I am a teacher in a private school, and several teachers and I have been trying to find out the answer to this question about breaks and lunches. We work from 8 in the morning until 3 or 4 in the afternoon. We’re given a 10-minute break before lunch. Then we have lunch with the children--and I mean at the same table--monitoring them to make sure they don’t choke and that they use their manners. After that, we have a 15-minute break in the afternoon. Our lunch is very much monitored and it’s really not a break per se. Is that legal? Several of us think we should be given more of a break in the afternoon.

--R.E., Santa Ana

Answer: It is difficult to answer this question without additional information. There are California wage orders that govern hours and working conditions in the state, which include rest and meal periods. However, with the information provided, let’s assume that you have a teaching degree, work in the private sector and are highly remunerated for these services. Therefore, your job is classified as a “professional exempt employee” under state and federal regulations.

Let’s also assume you have no formal written employment contract with your employer. That means you are paid for the general value of services rather than the precise amount of time spent on the job, so consequently you would not meet the criteria to be considered as an hourly employee. Therefore, no wage regulations have been violated.

I would suggest that you meet with your employer, explain your concerns and negotiate a workable solution. Perhaps a rotation schedule of staff members could be arranged to afford an opportunity for “reasonable” breaks while providing the necessary coverage and monitoring requirements for the children. Employers are generally receptive to negotiating terms that will effectively improve working conditions and provide for the health and well-being of employees and the company overall.

--Elizabeth Winfree Lydon, Senior staff consultant, The Employers Group

Counterpoint

The answer to a question regarding workstation pinups should be clarified and expanded. There is hardly any doubt that such pinups are in fact sexual harassment. In 1993, the U.S. Supreme Court ruled that sexual harassment can be “environmental” and does not require a direct, unwanted sexual advance. All that is required is that a reasonable person would consider the workplace hostile. Graphic pinups, continuously displayed, are both offensive and humiliating to most women. The offender’s snide remarks obviously interfere with work performance.

I would suggest that the offended employee put his or her complaint in writing not only regarding the offensive pictures but the comments that were made as well. This way there will be no doubt that the company itself has been placed on notice of the offensive conduct.

This is also important in giving the employee additional rights if there is any retaliation at all because of the complaint. . . . If the company does not act appropriately, the employee should consider filing a complaint with the Department of Fair Employment and Housing or consult an attorney.

--Don D. Sessions, Employee rights attorney, Mission Viejo