Salaried Manager Has Tough Time Taking Off on Holidays
Q I work for a large retail chain as a salaried manager. The employee handbook lists eight paid holidays for salaried employees, but our stores remain open, and I am required to work on most of these holidays.
My boss often refuses to allow me to take another day off in place of the holiday because the needs of the business will not allow me to take off during the busy period.
I feel like I am being denied a benefit that other salaried employees of the company are allowed. What recourse do I have?
--C.G. Costa Mesa
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A It is unclear whether an employee handbook constitutes a “contract” that is enforceable by law. Usually this depends on specific language in the document. If the handbook were to constitute a contract, you might have a claim that could be pursued in court.
Taking into account the amount of money involved and the fact that such a lawsuit would probably poison your working relationship with your boss, however, this might not be the best approach.
A better strategy might be to ask your boss to pay you extra for working holidays, or to give you paid time off during a less busy time of the year. If a compromise cannot be reached and the issue is sufficiently important to you, you might consider seeking employment at another company.
--James J. McDonald Jr.
Attorney, Fisher & Phillips
Labor law instructor, UC Irvine
Tests May Violate Privacy and Law
Q After a job interview, I was asked to come back for a test. The interviewer did not say what the test would be. It turned out to be a battery of psychological tests and what I believe was an IQ test.
I was never offered a job, and I’m now bothered that this company has highly personal information about me. It also bothers me that they did not gain my informed consent to take these tests.
Do I have a right to the originals of these tests? How should I approach the company?
--L.D., San Diego
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A A psychological or intelligence test may violate privacy and discrimination laws. These tests sometimes ask very subtle questions to gain information about religious, political or sexual beliefs of the applicant. Such motives may not be readily apparent on the surface. It would certainly be easier to evaluate the legality of such a test if you could obtain a copy of it.
Although you may have an argument that the company violated your privacy rights, this must be balanced against the interests of the employer to obtain certain information on a reasonable basis. You have to consider the type of job for which you were applying. Jobs requiring certain physical or mental skills might justify questions that would otherwise constitute an invasion of privacy.
Even though you objected to these tests, it may be difficult to prove a connection between the results of the tests and the fact that you did not get the job. If possible, compare your qualifications with those of the person who eventually got the job.
You have a right to inspect these tests and to get a copy, although the company is entitled to keep the original. You can certainly ask the company to give you the original and all the copies of the test since you did not get the job. If they refuse, demand that they keep the results strictly confidential.
--Don D. Sessions
Employee rights attorney
Mission Viejo
Job Descriptions Need Updating
Q As my small company has grown, many employees have wider job descriptions than when they were hired. Is it OK to change people’s job descriptions as the work and the company change and grow?
--C.S., Fullerton
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A It is perfectly reasonable for companies to change or expand jobs with time. Indeed, the content and character of most jobs will change due to such factors as technological advancements, changes in organizational objectives and the introduction of new products and services.
Job descriptions should be updated to reflect these changes, but it is important that people currently holding the jobs be involved in the process. Dramatic increases in levels of responsibility or wholesale changes in the nature of specific jobs should be carefully negotiated with current workers and should be accompanied by commensurate increases in compensation when appropriate.
--Ron Riggio
Director, Kravis Leadership Institute
Claremont McKenna College
More on Overtime
* Times on Demand has prepared three pamphlets based on the Shop Talk column. They are answers to readers’ most-asked questions on overtime; unemployment insurance, terminations and medical leave; and job benefits. To order, call (800) 440-3441. Order Item No. 2826 for overtime; Item No. 2827 for unemployment insurance, terminations and medical leave; Item No. 2828 for job benefits. Each pamphlet costs $5.41, plus 50 cents delivery. Please allow two to three weeks for mail delivery.
