Another update from the Jungle….
Doug is getting close to retirement age after a long, not very distinguished, career. He’s still the consummate professional but it’s obvious that all is not well with him. He is out sick at least one day a week and he doesn’t do much work on the days he is in the office.
Doug’s problems are becoming a headache for Suzy, the HR manager. Suzy likes Doug; he’s always polite and respectful which is not true of his pushy boss. The pushy boss has ordered her to find a reason to fire Doug. Suzy privately thinks the pushy boss wants to make his budget look better by dumping Doug for a less experienced and lower salaried employee.
Suzy begins discrete inquiries of Doug’s behavior and job performance. His friends tell Suzy that Doug suffers from anxiety
attacks and depression. Doug’s anxiety attacks worsened when he was moved into an office on the 15th floor with a wall of windows. Doug has a fear of heights.
Doug’s also having trouble remembering things. Yesterday, Suzy overheard a junior team member
talking to Doug about a client problem. When Doug said the problem sounded familiar, his junior replied, “It ought to; it’s your client”.
Today Suzy is meeting with Doug’s boss. She suggests that Doug should be moved to an interior office but the boss says no; senior people like Doug must have a window office. Next Suzy asks for examples of Doug’s work that show he can’t do his basic job description. The boss has none. In fact, Suzy already knows the boss gave Doug a tepid, but positive, performance review.
What should Suzy do next?
- She can tell the pushy boss that he’s a dingbat for trying to fire an older worker who is obviously still competent and who has not received a negative performance review.
- She can read up on the definition of “disability” in the Americans with Disabilities Act in case Doug decides to ask for an accommodation.
- She can verify that the company has employment practices liability insurance because her gut instinct is that Doug’s boss is about to demonstrate the need for such coverage.
In the actual case, the older worker eventually took early retirement based on health reasons and faded away without raising any of the legal issues that were available to him. The pushy boss was promoted which allowed him to be pushy to a greater number of people simultaneously.
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women candidates are judged on their physical appearance and not their ideas or abilities. Alana thought about other women presidential candidates. In 1972, Shirley Chisholm’s campaign was dismissed with a smile. In 1984, Geraldine Ferraro’s qualifications as a vice presidential candidate were buried under stories about her husband’s alleged Mafia connections. (He was Italian-American from New York and owned a construction business.)
Addison works for Rob, who has a consulting business. (We met Rob in last week’s post.) The work is sporadic and project-based but she likes it that way because she’s a free spirit. Addison worked for large corporations for many years and is happy to be on her own now.
The DOL recently said that it would no longer use the “control” test to determine if a worker is an independent contractor (1099 worker) or an employee (W-2 worker). Instead, the DOL plans to use an “economic reality” test. This new test has a number of factors but can be summed up by saying that if a worker is economically dependent on the employer, then the worker is a W-2 and not a 1099.
Rob has a small consulting business that does project-based work. That means Rob needs a flexible work force that can easily gear up when there are lots of clients, but can also gear down when projects are few.
economic reality test says that a worker who is economically dependent on an employer is an employee and not an independent contractor. Rob doesn’t know if his workers are economically dependent on him. He uses them part-time and always believed that they did work for other consulting businesses.
Jane is the HR manager for a company with about 200 employees. The company runs a lean operation which means that Jane is the sole HR person and handles pretty much every situation that arises. Jane likes the variety of issues that she faces because it keeps everything fresh and interesting.
This week, Jane began meeting individually with each employee who is chronically late. Jane tries not to yawn as she hears the usual excuses. One employee says she was stuck in traffic due to an accident. Another says his dog got out of the fenced-in backyard and he had to find the mutt and lock him in the garage before leaving for work.
downhill since.
Last month, Sue decided to fight back. She bought a doll that she treats as her boss’ avatar. Each evening, she sticks pins in the doll and wishes psycho boss would vanish. So far the doll looks like a pin cushion but the bad juju hasn’t worked because Sue still works for the psycho.
the smoke cleared and the hockey pucks were trashed, Renee decided to assign an experienced employee as a mentor to train Marta on using equipment. Marta now bakes cookies using her grandmother’s recipes that are the hottest sales items in the store.
Wanda owns a small company and she’s preparing for her next round of job interviews. She hates the interviewing and hiring process. It takes a lot of time away from running her business and the results can be iffy.
with her dinner.
Bill runs a small tech company with a group of bright, energetic young web designers. (His techies shouldn’t be confused with Trekkies, although many of them are Star Trek and Star Wars fans.) Bill’s techies provide their own laptops, iPads and cell phones. Some of the techies have other clients but most of them work exclusively for Bill.
HR Compliance Jungle 