Our Colleague Is All Work--How Can We Get Her to Play?

Do you have a question about an on-the-job situation? If so, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626 ; call (714) 966-7873 and leave a voice-mail message, or send e-mail to shoptalk@latimes.com. Questions of general interest will be answered in this column on Mondays.

Q: A co-worker continually fails to participate in work-related social events. While she is considered a “team player” at work, she has chosen to isolate herself socially from the work group. This has created a sense of animosity among some of our other workers who feel it is necessary we all participate in social events to promote our department within the organization.

I believe her isolation will eventually have a detrimental effect on our departmental evaluations. What suggestions do you have to encourage this employee to become more involved?

--R.M., Costa Mesa

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A: An employee cannot be required to socialize after work hours with other employees, unless such activities are specified as job-related requirements. Yet in many organizations there is an expectation that employees will interact with one another outside of work to promote unity and team spirit. Many companies expend considerable resources to organize and promote such activities.

You or another employee should talk to your co-worker, invite her to participate in upcoming activities, and tactfully explain how the work group feels. It may be that she has a good reason for not socializing outside of work, based on some past experiences, or maybe she just wants to keep her work and her social life separate.

It is important that this be discussed before any more animosity builds up within your department.

--Ron Riggio

Professor of industrial psychology

Cal State Fullerton

Production Problems May Be Owner’s Doing

Q: The owner of the manufacturing firm for which I work often takes some of the product from a customer’s order and sells it to individuals for cash as they walk in, even though he does not run a retail store. He later gets upset with us because the orders are not completed on time. This doesn’t seem fair or right. I don’t know how to approach him, though. What should I do?

--R.D., Fullerton

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A: It is illegal to retaliate against an employee for refusing to participate in violations of law in the workplace. It also is improper for the owner to retaliate against you if you complain about reasonably perceived illegalities, even if they are ultimately proven not to be illegal.

It is not clear from the question if the owner is involved in illegalities. Selling items for cash when the owner does not run a retail store appears to imply violation of city or county licensing rules as well as IRS or State Franchise Tax Board fraud. It also may involve fraud on your customers if their orders are being intentionally reduced.

You should not be blamed for the consequences of these possible improprieties. It is important to document your position, however. You might want to write the owner a short note, keeping a copy, explaining your concerns about the procedure and production demands. It might include a simple suggestion that the owner increase his stock so that the orders are completed on time.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Longer Lunches for Morning Meetings OK

Q: My employer, a large retail establishment, has early morning meetings before the store opens. To prevent paying us overtime, we must take long lunch hours to make up for the meetings. This takes us off the selling floors and prevents us from selling as much, plus deprives us of spending the extra time at home. Is this legal?

--C.F., Costa Mesa

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A: Yes, this is permissible. An employer has the right to schedule employees to work different hours to meet business needs.

There is a possibility, however, that you may qualify for premium split-shift pay if you are being asked to take an overly long lunch hour. Whenever an employer’s established work schedule is interrupted by an unpaid, non-working period other than regular rest or meal periods, it becomes a split shift and the employer is obligated to pay a premium to employees earning a minimum wage or slightly higher.

If you are not eligible for premium pay and this schedule is unsatisfactory for your family situation, you should request a transfer to another position within the company that would provide a more compatible working arrangement, or consider other employment.

--Elizabeth Winfree-Lydon

Senior staff consultant

The Employers Group