Speedy Delivery Brings Trouble for Employee

ALSO:

* Freelance Pay Can Take Time

* Dealing With Jerks at Work

* Workplace Safety Is the Issue

Q. My company is always preaching about providing good customer service. A couple of Fridays ago, there was a mix-up with a customer who needed something delivered immediately.

Our company policy is to ship things overnight, but to never use a same-day courier because of the costs. I talked to my supervisor and asked that an exception be made, but she told me the policy was inflexible. Since the customer was close by, I delivered the package myself on my way home.

When my supervisor found out, she wrote me up for “insubordination.” When I tried to go to the head of the department, he took my supervisor’s side and told me that I was supposed to follow their orders “to the letter.”

Now, I have a black mark in my personnel file simply because I was trying to do my job. I’m also upset because this company talks a lot about customer service, but never delivers. What should I do?

--S.D., Orange

A. My advice is to try to set up a meeting with your supervisor, the department head, and either the person who supervises the department head or someone from your human resources department.

The goal of this meeting should be to clarify whether you acted against company policy (and against your supervisor’s directives) in making the delivery. Perhaps the company has some policy against service representatives making direct customer deliveries.

You might also want to discuss the company’s customer service policies, and try to clear the air with your supervisor. It sounds as if you are dedicated to good customer service and that you were simply trying to do your job. Try to get this across to your superiors in this meeting without appearing confrontational.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Freelance Pay Subject to Norms of Industry

Q. I have a friend who does freelance photography work for licensed photo studios, ad agencies and the like. Is it normal or allowable for these studios to take up to two months to pay him?

--M.L., Los Angeles

*

A. Although California law provides that wages for various types of employees must be paid within specified periods that vary according to job and basis for compensation, a freelance photographer would most likely be deemed an independent contractor rather than an employee. Independent contractors are not covered by California’s wage payment laws, and the manner and time of payment depends on the terms of their agreement with the other party to the contract.

From your question, it sounds as if more than one studio is taking as long as two months to pay your friend. This would be one good indication of what might be “normal” for the industry.

It appears that many of these agencies and studios are waiting before they get paid by their clients before they pay your friend. This in itself would not be unlawful, at least in the absence of a specific agreement providing for faster payment.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

No Law Against Jerks, but There Are Limits

Q. I have a question about harassment other than sexual harassment. What constitutes harassment from a co-worker, manager, etc.? What are my rights as an employee regarding harassment? How much harassment do I have to put up with before enough is enough?

--S.S., Simi Valley

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A. First, not all harassment is illegal. Unless the harassment involves one of the categories protected under law (race, gender, religion, for example), there is not much that an employee can do other than report the incident to management.

If the problem goes unresolved, the employee may be able to take stress leave or may decide to quit. The law does not prohibit co-workers or supervisors from being absolute jerks.

But an employee does not have to endure illegal harassment that affects his or her job.

For some guidance, the California Department of Fair Employment and Housing states that California workers are “protected from harassment because of their sex, race or any other category protected under the law” which “includes many forms of offensive behavior.”

Courts generally defer to a jury to determine whether conduct constitutes illegal harassment. This means that after everyone testifies about what he or she saw and heard, a group of people you never met will decide in privacy whom they believe and whether the conduct is illegal harassment.

--William H. Hackel III

Employment law attorney

San Clemente

Workplace Safety at Issue in Claim

Q. A co-worker was having family and medical problems for more than a year and constantly took it out at work, threatening us with bodily harm. I went to three different levels of management to make verbal complaints, as did other employees.

Finally, I took three months off for depression under workers’ compensation. Before I left, I was moved to an unwanted position with the same pay and was written up twice for minor company violations.

Now that I have returned, the company acts as though nothing has happened. The other employee was allowed to take a medical leave, but I am under therapy for sleep disorders. Do I have a legal case and should I consult an attorney? My workers’ comp case is still pending.

--K.N., Mission Viejo

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A. It is difficult to determine from your facts whether you have a claim or not. It does appear that you may have a workers’ compensation claim.

In addition, in complaining about your co-worker who was threatening violence, you were asserting your and your co-workers’ right to a safe workplace. An employer may not retaliate against employees for asserting such rights. It is possible that your employer has done so in transferring you and writing you up.

You should consult legal counsel to assess your rights.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker