Supervisors Must Act Within Company, Legal Guidelines

Q. I work for a very large corporation. At our local office we have three immediate supervisors, and two of them are making the employees’ work life very stressful to the point it is almost unbearable. They continuously make derogatory remarks about employees to other employees, threaten employees with their jobs and make derogatory remarks against the third supervisor to other employees. They fly off the handle, refusing to talk with employees for days if they feel like it. They discuss people’s job performances with other employees rather than in private.

Numerous employees have complained over and over about these supervisors. The supervisors in the past have been reprimanded, but that was as far as it went.

Do we, as employees, have to be subjected to this kind of verbal abuse and unprofessional treatment? Where can we obtain any publications for employee rights in the workplace?

--N.N., Long Beach

A. Slander in the workplace is often a big problem. Employers will argue that varying types of management styles are permitted. Supervisors need to comment about workplace situations to the employees involved and others as well to make a point. They will characterize the derogatory remarks as constructive criticism to improve performance.

On the other hand, employees can also argue that such improper remarks go beyond the privilege of private discussion among management. This is especially true if the remarks are false. The employee handbook might even regulate the manner in which comments about performance are to be made. The comments might even violate the company’s promise of fairness and sensitivity toward employment issues.

The law allows certain privileged communications within the workplace, especially among management and those with a “need to know.” Those who are told, however, must have a justifiable reason to receive the information.

If the remarks are untruthful, an employee might have a claim for slander. If the remarks are truthful but are simply poor management style, violate company policy or are harassing in nature based upon discrimination, the employer may also be liable.

If the employer knows about an impropriety in the workplace and fails to correct it, I suggest you write about your complaints to higher management. Review the rules of your own company. If you don’t have a handbook, or you are unsure of the policy, check with your human resources department. If the treatment is discriminatory against you, based on age, sex, race or any other recognized basis, your case would be much stronger than if the supervisor is simply a harasser of all groups.

In the alternative, consider sending a letter to the harassing supervisors directly before going over their heads. They might appreciate the consideration, which might lessen the chance of retaliation.

Additional publications regarding discrimination and harassment in the workplace can be obtained from the Department of Fair Employment and Housing. Publications on wage and other types of retaliation matters are available through the California labor commissioner’s office.

--Don D. Sessions

employee rights attorney

Mission Viejo

Before Accepting Cut, Clarify Issues at Work

Q. I have been a sales manager for 4 1/2 years. New management has come in and told me they want to change my responsibilities and reduce my salary by $10,000. The vice president of sales told me he has not been happy with my performance for the past six months.

I think I’ve done a good job and have received no negative comments prior to this. It has been very stressful not knowing what is going to happen with my job. What can be done?

--C.R., Huntington Beach

A. Your situation is not unique. Whenever new management takes over a company, they generally review work histories and salaries to determine whether changes should be made. I suggest reviewing your employment contract and employee handbook to determine what obligations your employer must comply with before any demotion or reduction in salary.

You should also inquire from your co-workers whether their responsibilities and salaries have been changed. This will enable you to determine whether or not you are bearing the brunt of the change in management or if this is a companywide change.

Finally, you should review your performance over the past six months to determine whether or not you have met any established goals. This will let you know if the vice president is being honest with you.

If you have no contract prohibiting the employer from reducing your wage, and your performance has been substandard, the employer may be within its rights to reduce your salary. I suggest talking to the vice president to discern what can be done on your part to forestall a change of responsibilities and reduction of salary.

The employer may set new goals for you that are higher than they are now, but this may temporarily hold off your salary reduction while you show the company you are worthy of your current salary.

--William H. Hackel III

Employment law attorney

Spray, Gould & Bowers

Giving Notice Doesn’t Guarantee Benefits

Q. I recently resigned from my job. I told the personnel representative that I would like to give three weeks’ notice, but those three weeks would be the vacation that I was due. I requested that my final working day be at the end of the three weeks. The nature of my work would have made staying very awkward for all concerned. My employer understood why I left immediately.

Here is what I do not understand. She told me that my last day must be the day I resigned and that vacation pay would be paid in a lump sum instead of spread out over the weeks. Can they do this?

I am acquainted with people who were able to do what I requested, thus receiving their medical, dental and life insurance benefits during those weeks.

--V.T., Mission Viejo

A. From what you are saying, your rights have not been violated.

Assuming that you did not have your vacation already scheduled for those weeks after you gave notice, your employer had no obligation to allow you to take a vacation at a time of your choosing. The only obligation your employer had was to pay you your accrued, unused vacation pay, which it did.

However, if you were denied the same opportunity that other employees received for a prohibited reason, such as your age, race or sex, then you may have a valid claim.

--Michael A. Hood

employment law attorney

Paul, Hastings, Janofsky & Walker