When Demotion Comes Instead of Promotion, Find Out Why

Question: Several years ago my employer, a large corporation, hired a new manager who became my supervisor. We also became friends.

Over the years, I lent her $30,000. I didn’t mind since I could afford the loans. It never caused a problem at work or with our friendship, until now.

After my position was eliminated when the company was restructured, I applied for a job that would have been a promotion. My friend/supervisor selected someone else for the job, offering me a position that was a demotion.

I believe she didn’t give me the job because she was concerned that she might be accused of favoritism. She denies that, and even insists that she didn’t decide which applicant got the job, although the Human Resources department confirmed that she did.

What should I do, if anything about this? I am very unhappy with the job I was offered, but don’t want to leave the company.

I am also afraid that future promotions might be jeopardized because my supervisor is a high-ranking executive.

--A.W., San Diego

Answer: Without lecturing you about the all-too-common problems that can result from lending large sums of money to friends, you need some clarity on this issue.

Ask your supervisor/friend for some feedback. Tell her that you would like specific information about why you did not receive the promotion. Explain that you need this feedback so you can work on developing the skills necessary to be considered for the next promotion opportunity.

This will put your supervisor on notice that you are seeking a better position, while communicating that you are focused on your personal growth and development.

She may honestly have perceived, rightly or wrongly, that you were not as qualified for the promotion as the person who was selected. In that case, you might receive some direction for your personal development program.

This discussion also might help you demonstrate that you are over-qualified for the lower-level position that you were offered.

Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

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When Local Union Is Suspected of Corruption

Q: I work for a branch of the government with a national union and a local union for our facility.

My co-workers and I strongly suspect that our local union is corrupt. Many times it sides with management on issues that are clearly in violation of the national agreement.

We believe that it receives perks and unknown benefits in exchange for rulings in favor of management. This is creating a very hostile environment in our workplace.

Is there a watchdog agency that oversees unions to make sure they work for their members? Where can we complain?

--C.Y., Los Angeles

A: Your letter does not state whether you work for the federal or state government. Federal employees can complain about possible union corruption to the U.S. Department of Labor’s Office of Labor Management Standards. There is an office in Los Angeles.

There is no equivalent agency that polices labor organizations representing state employees. If you work directly for the state, or in education for a city, county or special district, you may be able to file a complaint against your union with the Public Employee Relations Board. Although the board does not handle corruption charges, it can investigate charges that your union has represented you and your fellow workers unfairly.

Before taking these steps, I strongly recommend that you complain to your international union if you believe that your local union has been cutting deals that violate the national agreement.

The international union, as a party to the national collective bargaining agreement, will take steps to determine whether it is being enforced at the regional level.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman

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Employees Entitled to Pay for Holiday Work

Q: When an employer insists that certain employees work on a company-paid holiday, are they entitled to additional compensation?

Our company classifies employees as salaried, so we do not have to punch a time clock, yet we are technically nonexempt since we are not supervisors and do not make management decisions as part of our job.

--C.T., Tarzana

A: The answer is yes. If you are a salaried, nonexempt employee, you are entitled to receive pay for the holiday under your employer’s holiday pay policy. It is, in effect, a contractual right that can be enforced.

In addition, if you are compelled to work on that holiday, you also should be paid for actually working. Therefore, you should receive double pay for the day.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

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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. Recent Shop Talk columns are available at www.latimes.com/shoptalk.