Responsibility Without Power Troubles Managers

Q. Another employee and I are responsible for the day-to-day operations of one of our company’s two stores. Our boss works at the other store and has given us none of the power needed to run the store. Those under us see that we have no power, and it is very hard to manage them. We have all of the responsibility but none of the power. How can I get my boss to realize that there is a problem?

--W.K., Fullerton

*

A. You need to have a frank discussion with your boss about this problem. It is very important, however, that you first make it clear to your superior exactly what kinds of authority you believe you need.

For example, do you lack the authority to reprimand or discipline employees, to initiate store policies or decisions? You also need to give your boss concrete examples of how this lack of authority and power is making your job difficult and, if possible, how this is adversely affecting sales and service in the store.

It would also be wise to have some sort of plan (or at least a few suggestions) for how your boss could “empower” you and your co-manager.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

How to Tackle Negative Evaluation

Q. What legal recourse do you have when your supervisor has written up a negative report on you based on lies and incorrect information?

When I responded with facts and evidence supporting my position, the company would not remove the offending report from my file, agreeing only to include my rebuttal. I have been attempting to win a promotion in the company and had received very positive responses. Then I was suddenly dropped as a potential candidate.

I’m concerned that my file makes it appear that I am a problem employee, when it is my boss who is lying about my work performance.

--K.O., West Hills

*

A. You have probably done all you can do to address the issue.

Theoretically, you could sue your boss for libel and slander for writing untrue things about you. However, it would be difficult for you to prove your case, and bringing such a lawsuit would probably not be viewed with favor by your company. Indeed, it may contribute to your being viewed as a “problem employee.”

However, if you feel there is a something improper in your boss’ motive for writing untrue things about you--that he is doing so because you are female, over the age of 40 or a minority, or in retaliation for your complaints about illegal conditions in your company--you may have a valid claim against your company for the negative review.

You should consult legal counsel to determine if there is a legitimate basis for asserting such a claim.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

Middle-Aged Applicant Is Denied Job

Q. I am a middle-aged woman. I submitted an application for a job as a park supervisor, deleting any reference to age, and was called in for an interview.

During the interview, I was told that they only wanted young people to apply. The supervisor also said the jobs were not intended to be permanent, that students would take them while they went to college and then move on to other things.

Do they have any legal basis for excluding older people from these jobs?

--S.M., Los Angeles

*

A. California law prohibits employers with at least five employees from discriminating in hiring based on age. Federal law prohibits such discrimination by employers with 15 or more employees.

The threshold for making an age-discrimination claim under either state or federal law is 40 years of age. Therefore, if you are 40 or older and believe that a decision about your hiring was made, at least in part, based on your age, I suggest you contact either the California Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission.

Both of these agencies can assist you in analyzing whether the prospective employer improperly denied you employment based on your age.

Under federal and state law, an applicant who has been discriminated against because of age may recover damages. Courts also have the authority to compel an employer to hire an applicant who was denied a job because of age.

Under the federal Age Discrimination in Employment Act, a company found guilty of willful discrimination may be liable for double the wages and benefits an applicant would have received had he or she been hired. An applicant who is successful in court may also recover attorneys’ fees spent in proving the discrimination.

--Diane J. Crumpacker

Employment law attorney

Fried, Bird & Crumpacker