Manager Needs to Be Aware of Concern About Assistant

Q: I have been working as a supervisor in my organization for five years. There is one other supervisor at my level, and we had always reported directly to the division manager and attended his staff meetings. The meetings were very helpful and informative, and we felt part of a team.

Recently, the manager hired a new person to replace his secretary. This person acts as his assistant even though her position is classified below mine and does not require her to supervise.

However, the manager has now excluded us from staff meetings and told us to report directly to his assistant. This has caused a real morale issue.

We were insulted that someone at a lower classified status is our supervisor, and we now feel out of the organizational loop because we’re not allowed to attend regular staff meetings.

What should we do?

--P.H., Irvine

A: It sounds as if you have a valid complaint, and you and your co-worker need to discuss the situation with your supervisor as soon as possible.

First, you are being supervised by someone who probably has had no training or experience in supervising managers and who has no formal organizational authority by virtue of her job classification.

Second, by not being allowed to attend staff meetings, you may be missing vital information required to perform your jobs.

Your division manager should be concerned about your morale, and should at least justify why he thinks this new arrangement is an improvement over what was done previously. The division manager needs to be made aware that this situation is a problem for you and that it is likely to be having a negative impact on performance in his unit.

This is simply poor management practice on his part.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

No Pay for Unused Sick Leave

Q: My husband learned recently that because of a change in ownership at his company, he’ll be laid off after five years, despite an excellent track record at work.

The human relations person told him that upon his termination he’ll be paid for unused vacation and sick-leave days. But seven days before receiving a pink slip, he found a flier stating that the company will not pay for unused sick days or any sick days taken during the last week of employment.

Is this legal? If so, on what grounds?

--B.M. Sunland

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A: Unfortunately, layoffs can occur when new owners take over a business. The law recognizes the right of a new owner to restructure a business, which might include laying off good employees whose jobs may already be performed by others in the new owner’s organization.

An employer must pay terminated employees for accrued but unused vacation, but it need not pay for unused sick leave, because an employer has no obligation to pay for any accrued sick leave.

Whether the human relations representative’s statements are binding is uncertain and would depend on a variety of factors, including language in the employee handbook and whether your husband relied on those statements to his detriment.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Illegal to Ask About Workers’ Comp

Q: Is it legal for a potential employer to ask a job candidate if he or she has ever received workers’ compensation?

I had been offered a job contingent on passing a pre-employment physical. When I was asked during the physical if I had received workers’ comp, I answered honestly and provided doctors’ reports indicating I was cleared to work with no restrictions.

But the company rescinded the job offer, saying I failed the physical because I had received workers’ compensation. The reason was given on the telephone, not in writing.

What can I do?

--N.W., San Jacinto

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A: It is not legal for a potential employer to ask either an applicant or someone being offered a job whether that person has received workers’ compensation benefits or suffered an industrial injury.

Such questions are deemed to be in violation of the Fair Employment and Housing Act’s prohibitions against discrimination on the basis of disability, and of the Workers’ Compensation Act’s antidiscrimination provision.

I suggest that you either consult an attorney or file a discrimination complaint with the Department of Fair Employment and Housing alleging that you were refused employment due to a perceived disability.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.