Escape ‘Golden Handcuffs’ of High Pay to Find Satisfaction

Question: Every task I used to perform, except for filing, has been outsourced, discontinued or automated.

My boss has a computer on her desk and gives me absolutely no work. I’ve gotten over feeling guilty about collecting a paycheck for doing grunt-type work; now I’m just plain confused.

I feel forced to look for another job, yet I’m shackled in “golden handcuffs” because I’m well paid. Everything I’ve looked at is half the pay with longer hours. Also, the prospect of looking for another job is terrifying because even though I work, I believe that I have no marketable, usable or desirable skills.

I have a college degree but no other experience other than office work.

Do I stay in a job with no definition and continue to get paid for fetching coffee supplies?

C.H., Thousand Oaks

Answer: Many people experience stress because they are overworked, but you are experiencing the other side of the coin--feeling distress because you are underutilized.

By continuing to do menial, relatively meaningless work, you aren’t doing yourself or the organization any good.

You need to talk to your boss. Tell her about your feelings and your concern that you could be doing much more.

Ask her whether there are any special projects that have been put on the back burner because of lack of staff or time to work on them.

Take on any that you feel capable of handling. If you feel you lack the proper skills to tackle these tasks, ask your boss if you can get some training.

Continuing as you are, doing meaningless work while your unused skills atrophy, is a no-win situation for you and the company. In this era of layoffs, you need to be prepared and possess up-to-date, marketable skills.

If your boss is unwilling to give you more important and meaningful work, you should consider looking for a position that will provide the fulfillment you desire and allow you to grow.

Ron Riggio

Director,

Kravis Leadership Institute

Claremont McKenna College

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Q: I was terminated as a marketing manager while I was out on disability. My employer told me the company could not afford my position.

At the time of my termination, my position was being and continues to be solicited on the Internet under a new job title. I have my previous job requirements written down by the company, and the current job opening matches my previous responsibilities perfectly.

When I asked for a reference, I was asked to submit a letter of resignation first. I agreed to exchange letters, but never heard back from my employer.

What are my options?

M.M., Los Angeles

A: Disability discrimination is illegal, and the facts you present suggest you may have a viable discrimination claim against your former employer.

If you believe your termination was motivated by your disability, you should contact the California Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission.

If you wish to pursue such a claim and are successful, you might be entitled not only to your lost wages but also punitive damages and attorneys’ fees. You also could gain reinstatement to your old position.

Regarding references, there is no state or federal law requiring employers to provide letters of reference to employees. Therefore, your former employer has the right to refuse to provide such a letter or to condition it on your providing a letter of resignation.

However, if your employer has a practice of providing letters of recommendation to other employees, such as those who have not taken disability leaves, you would have a claim that the treatment of you was motivated by disability discrimination.

Such a claim could be added to the disability claim you may decide to file based on your termination.

Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

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Q: I have learned that my employer has not deposited the employees’ 401(k) contributions into our chosen funds for six months.

The company, which has about 75 employees, indicated there was a cash flow problem and has promised to repay it, plus interest. I contribute 10% of my salary.

Can they do that?

O.P., Los Angeles

A: Your employer is clearly violating the law. Employee contributions must be forwarded to the plan as soon as possible, but no later than the 15th business day of the month after the month in which such amounts would otherwise have been paid to the employee.

The Department of Labor takes violations of this requirement quite seriously. I recommend you contact the department immediately. The phone number of the Pasadena office is (626) 229-1000.

Kirk F. Maldonado

Employee benefits attorney

Brobeck, Phleger & Harrison

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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.