Bogus reason for being passed over for promotion?

[cobolt]

What is the name of your state? Florida (Company HQ in GA).

I was recently an internal candidate for a Team Leader position in my office here in Florida. I was not chosen for the position and when I made an offhand joke to my boss, who made the promotion decision, he called me into his office and told me that the reason I wasn't chosen was because I have a history of "tardies" and if I had demonstrated a significant improvement during the week of interviews it would have probably effected his decision and he would have chosen me instead.

My issue is with his definition of "tardy". In most cases I'm in my seat no later than 2-4 minutes after the hour and most of the time I'm at my desk at least 2-3 minutes before the start time (8 AM). He considers me tardy any time after 8 AM, even one minute!

I think the Federal law is 7 minutes after the hour before a company can dock you, and my boss has never docked me, yet.

He specifically said that in all other areas (software knowledge, internal practices, communication, etc) I was the superior candidate for the position and if it wasn't for the history of "tardies" I would have been chosen. He also stated that if I had been at my desk 15 minutes earlier throughout the entire week after our interview then he would have probably chosen me for the promotion. As it happened (his words) I was "at the desk right at 8 or one minute before" which was not satisfactory.

In my opinion, I've been on time in every case, even if I sit down 2-3 minutes after the hour. I also think it's unreasonable for him to request that I come in 10-15 minutes early and read a book or just sit around until 8:00. Finally, I think that he is completely out of line to make this the sole reason I wasn't chosen for the promotion and then tell me this directly.

Do I have any legal recourse in this situation or can employers and managers abitrarily decide when a tardy occurs if it is less than the 7 minute late period? I feel that his reasoning is incorrect and possibly illegal. Please help!

 

[Beth3]

I think the Federal law is 7 minutes after the hour before a company can dock you, and my boss has never docked me, yet. That's entirely a PAYROLL issue that has to do with rounding-off practices. It has absolutely nothing to do with your employer's attendance policy. If your boss wishes to consider you tardy to work because you're not at your work station and ready to go at the start of the work day, he is perfectly free to do so - regardless of whether the time is paid.

By the way - every attendance policy I've ever seen (or created) is exactly the same as your boss's - if you're not at your work station at the start of the shift, the employee is tardy. Being early on some occasions does not make up for being tardy on other days.

What your boss was trying to get you to see is that you needed to make a visible committment that you would routinely be at work on time - a team leader needs to set an example for his/her team which you apparently aren't capable of doing.

Do I have any legal recourse in this situation or can employers and managers abitrarily decide when a tardy occurs if it is less than the 7 minute late period? Not remotely. Further, no federal or state law dictates that an employer has to allow a "grace period" for tardiness.

I feel that his reasoning is incorrect and possibly illegal. Not only is your boss's reasoning not illegal, it's yours that is incorrect. Your boss was hoping you'd show that you were prepared to set a positive example for the team. Unfortunately, you didn't pass the test.

 

[cobolt]

Thank you for the quick reply, Beth3. I appreciate your insight and explanation to clarify my confusion between the Payroll issue and general corporate policy. This was the point of contention that I was questioning.

I'm harboring some resentment of the fact that my boss didn't make me aware of this during the interview, because I am perfectly capable of modifying any habit that would have been at issue. In my position I've exceed every expectation set before me and pride myself in the ability to do so with consistency. He has acknowledged this ability on numerous occasions and even re-stated this directly in our conversation last week.

Regardless, this is now all water under the bridge and a lesson learned. Thanks again for your time and clear response.

 

[Beth3]

Your boss didn't alert you to the issue because he shouldn't have to. Not to belabor the point but someone who's ready to step up to a team leader/supervisory position shouldn't have to be told that they need to consistently be at work on time.

 

[cobolt]

Beth3, your point was well made in your initial response. I had been operating under the incorrect assumption that the 7 minute rule concerning tardiness encompassed both Payroll and Policy and you clarified my misunderstanding. This has never come up in my employment history before and, thus, I've never had the opportunity to be corrected.

I want it to be clear, I had no comprehension that the Federal Law was specific only to Payroll calculations and that is why I felt wronged. I'm certainly not one of those individuals that wantonly creates legal issues whenever I perceive that things didn't go my way. I believed I had a valid complaint.

I stand corrected and, looking back, wish someone would have illuminated me long before this became an issue in my promotion bid. Live and learn and all that... The situation will be different from now on, I can assure you of that.

Thanks again for your time.