Supervisor Takes Credit for an Employee’s Ideas

Q: I have been working at this corporation for a few months and my supervisor has encouraged me to share with him any ideas and proposals that I have. However, I have come to realize that he is covertly taking credit for my ideas.

I am concerned that I’m not getting recognition and that this will affect my upward mobility in the company. What is the best approach to dealing with the situation?

--N.R., Hacienda Heights

A: It is important that you act quickly on this. Have a frank discussion with your supervisor. Voice your concerns. If the situation does not improve, you need to consider going over his head and discussing the problem with his supervisor.

If the problem persists, you need to consider alternatives to working in a group that appears “ethically challenged.”

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Company Cannot Withhold Paycheck

Q: I am a salaried employee. My company uses a database program to keep track of hours worked and the projects we are working on.

This program has not worked on my system since I’ve been with the company. I have relied on my supervisor to enter my hours, but many times he is out of town on business.

I recently received an e-mail from payroll stating that the company has the right to withhold my paycheck unless I can enter these hours on a weekly basis. Do I have any rights in this matter?

--I.M., San Francisco

A: Although your employer can impose other forms of discipline for failing to report your hours (termination or a reprimand, for example), it cannot withhold your paycheck. In fact, the California Labor Code imposes a “waiting time penalty” of up to 30 days’ pay if an employer fails to pay wages when they are due.

In your situation, you should try to find a solution to the problem by asking your employer to attempt to fix your system so the database works, or to assign someone else to enter your time when your supervisor is unavailable.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Collecting on Company Stock Plan

Q: I was laid off in January 1999. At the time, I was 38 and had a vested interest in the company’s employee stock ownership plan.

When I requested payment, the employer told me the plan provided for payment of the vested interest after the end of the second year following the year in which my employment terminated--sometime in 2002.

The outside consultant who advises the employer on administering the plan said that a terminated participant must receive a distribution no later than 90 days after he applies for it in writing. Who is correct?

--J.M., Los Angeles

A: It depends on what the plan says. You should review the summary plan description that you received. If you don’t have a copy, you can request one from the employer.

I would be very surprised, however, if your plan requires that your benefit be paid within 90 days. A delay along the lines of what your employer told you is much more common.

--Kirk F. Maldonado

Employee benefits attorney

Riordan & McKinzie

Heavy Lifting Takes Its Toll

Q: I do lots of lifting--sometimes heavy lifting--on my job, which I’ve held for 18 years. And it’s taken a toll.

I am experiencing pain throughout my body. Some days I can barely lift without feeling pain. Can I apply for disability?

--R.S., Walnut

A: It is not possible to answer your question without knowing the nature and extent of your physical problems and whether they are related to your work.

For example, to qualify for a permanent disability award from the Social Security Administration, you must be totally unable to work. Whether you are totally disabled depends on medical evidence.

By contrast, if your injury is work-related, you may be entitled to workers’ compensation benefits, even if your injuries are not permanent and you are not totally disabled. The workers’ compensation system is administered by the state Workers’ Compensation Appeals Board.

You need to be examined by a doctor who is familiar with disability issues to learn the cause of your pain, the long-term effects of your injuries and whether they are work-related.

You may also want to consult a lawyer to guide you through these complex workers’ compensation and Social Security issues.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman