Lack of Power Makes It Hard to Manage
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 also would 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
Lying Boss Stalls Move Up Ladder
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 that 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 that there is something improper in your boss’ motive for writing untrue things about you--that he is doing so because you are a female, older than 40, a minority, or is retaliating because you complained 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
Applicant Told Job Was for Young Person
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 you believe that a decision about your hiring was made, at least in part, because of 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 that an applicant would have received after being wrongfully denied a job. An applicant who is successful in court also may recover attorneys’ fees spent in proving the discrimination.
--Diane J. Crumpacker
Employment law attorney
Fried, Bird & Crumpacker
Hurt Employee May Not Earn Full Benefits
Q: I was injured at work nine months ago and was only able to return to work part time in September.
During the months that I was unable to work, my employer did not allow me to accumulate vacation and sick leave hours. Now that I am back at work part time my vacation is prorated.
Am I entitled to my full-time vacation and sick leave benefits for the time that I was unable to work? Also, am I entitled to full-time benefits while I am working part time? I am assigned to work full time, and receive worker’s compensation benefits for the hours that I am unable to work.
--L.P., Ventura
A: Employees are not automatically entitled to accrue vacation and sick leave benefits while on workers’ compensation leave. Similarly, employees are not entitled to full-time benefits while only working part time because of a workers’ compensation injury.
The employer is only required to treat persons on workers’ compensation the same as employees who have suffered any other nonindustrial injury or who are taking any other leave of absence. If your employer provides benefits to people in any of those other situations, it must provide these benefits to people on workers’ compensation.
--Kirk F. Maldonado
Employee benefits attorney
Riordan & McKinzie
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.
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