Boss Must Allow Leave for Military Reservists

Q As an active-duty officer in the United States Armed Forces, I am in charge of several reservists who must complete one weekend per month and two weeks per year of active-duty training.

Often, I run into stumbling blocks with their employers who desire to dictate when those active training sessions will occur. For example, one corporal notified me that she is unable to attend critical training this summer because her employer refuses to grant her vacation time during the summer months.

Does federal law prohibit or allow employers to do this?

--J.M., Irvine

A The federal Uniformed Services Employment and Re-Employment Rights Act, enacted in 1994, requires that employers provide employees with leaves of absence needed for military service and reserve and National Guard training. This law also mandates that employees who take a military leave of absence must, under most circumstances, be reinstated in their jobs with no loss of status.

Accordingly, an employer must provide a reservist with leave needed for training. The employer is not in a position to determine when such a leave may be taken.

--James J. McDonald Jr.

Attorney, Fisher & Phillips LLP

Labor law instructor, UC Irvine

If Conviction Erased, What Conviction?

Q If a person has a felony criminal conviction that has been expunged or sealed, does that have to be disclosed on a job application?

--T.B., Los Angeles

*

A No. Under California Fair Employment and Housing Commission regulations, it is unlawful for an employer to ask an applicant about a conviction that has been expunged or sealed.

--Josephine Staton Tucker

Employment law attorney

Morrison & Foerster

Better Title, More Pay --or So the Boss Said

Q Eighteen months ago, I was asked by my supervisor to assume more duties and responsibilities in my office. This was to take effect immediately, with a change in job description and increase in compensation to follow shortly.

However, it seems that my immediate supervisor, a senior manager in the company, has no intention of changing my job description or increasing my salary. The personnel department in our firm is largely ineffective.

My concerns are further compounded by my firm belief that my supervisor will be terminated in the next few months when a large and costly project fails to produce the expected results. Your advice on a course of action is appreciated.

--J.B., Glendale

*

A Oral promises in the workplace can be enforced. The problem here is that the representations about changing your job description and increasing your pay “shortly” are vague. Also, it may be difficult to prove the representations if there were no other witnesses.

While your supervisor is still there, consider informally chatting with him or her about the promises, in front of a witness, if possible. You might also ask your supervisor to confirm these representations in writing.

As an alternative, send a letter to the supervisor documenting the promises made.

And don’t be shy about presenting the history of your job position and compensation to your next supervisor when the transition is made, or especially before your next performance review. If you can confirm that the representations were made and determine exactly when they were to have been fulfilled, you could claim that you are owed back pay from the time that your compensation was to have increased.

If the company refuses to cooperate, you might suggest that you at least receive a new job title as a compromise. That might allow you to qualify for other higher positions outside the company.

If you want to stay with your company, however, couch your requests in respectful and diplomatic terms. Ultimately, you will have to decide where to draw the line in insisting on fairness.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Hardest Worker but the Most Criticized

Q I have been working in a retail shop owned by a woman who is a few years older than I. There are also two other male salespersons in the store.

I usually work harder than the two men, and do a better job. I know this is true, because customers have told me and I also frequently have to take on work that is left over from a prior shift when one of the male employees was working.

The problem is that the owner is overly nice to the men and lets them practically get away with murder. But if I make even one little mistake, she is all over me.

It’s ironic, because she is always telling me how much she likes me, and continually points out the ways that we are alike. I’m sure that we could be good friends it she would stop treating me so negatively and play fair.

What should I do?

--W.H., Oxnard

*

A Without getting into the psychological reasons why your boss might be so hard on you and easy on the men, this is primarily an equity issue.

A well-known theory of work motivation emphasizes that most employees are at least partially motivated by a desire to be treated fairly. It appears that this will likely continue to be a problem for you.

Have a talk with your boss and point out her inequitable treatment of you and her favoritism toward the other clerks. In the future, be sure to draw her attention to instances in which you believe you are being treated unfairly.

If your co-workers are “getting away” with things, and if you are doing their leftover work, your boss needs to establish rules and guidelines in your store for allocating tasks, evaluating performance, scheduling shifts and vacations, and describing other work procedures. These rules should help to ensure that all employees are treated the same.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

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.