HR question - Trivial but I'll ask anyway:

[Whiskee]

What is the name of your state? California

This may seem trivial but I'll ask anyway. Can new management change your originally hired position or function? I would like to perform the job I was hired to do, but management is pulling me from my duties to assist within our department and other departments when there is another more experienced and available employee who should be offered. I have contacted our HR. The company does not offer any bonuses or incentives for work outside of our listed responsibilities. Employees argue that we are hired to perform a duty. Regardless if that duty is completed under 8hrs, the job is complete. I'm in an industry where many things must be completed at the same time, but them there's lots of free time afterwards. Management says they can have us do whatever they please because we're employed for 8hrs. Just wondering if anyone has any comments or thoughts.

Thanks,
Whiskee

 

[Beth3]

Your employer can assign you to any job duties or ask you to perform any tasks that are not illegal, unethical, unsafe, or immoral. They can hire you to be the CEO and ask you to do janitorial duties if necessary.

Apparently management sees a different set of priorities than you and your co-workers do. They have an obligation and responsibilty to determine what needs to be done and who is going to do it, even if they are mistaken as to what those priorities should be. On the other hand, they probably know more than their subordinates what is critical (at least let's hope so.)

Anybody who argues or resists doing what they're asked to do too much should not anticipate long-term job security. Conversely, anyone who is not happy with the conditions of their employment and job duties is free to find another job.

 

[Whiskee]

Thanks Beth

Beth,

Thanks for the reply. I suppose I feel unfairly picked upon when it comes between me and my co-worker. My co-worker does have OCD, but is competent, accurate but at times slow. But I do understand what you're saying. Yes, I am seeking other employment but until then guess I have to hang in there. We'll see how HR responds. To them I'm sure it's just another complaint to add to the already long list from our department.

Thanks,
Whiskee

 

[Beth3]

I can see how you would be none too pleased at the recent turn of events but what's taking place is perfectly legal and may also be perfectly legit. As I said, they may know stuff you don't.

Good luck.

 

[Whiskee]

What about fairness and compensation?

Hi Beth,

What about fairness and compensation? Aside from my job should be holding down the fort, while my co-worker can assist where needed, where does fairness come into play? If one person is continually asked to perform additional duties? Of course I feel that I am being taken advantage of. I get punished by doing my work effectively while others can slack, take their time and as a result, not be asked to perform other duties. Ok, I know I'm venting, but so there's nothing I can do but take it or leave it? I've already asked for compensation, but have been denied. The company has offered compensation to others though. Isn't this some form of discrimination? Or should I suddenly hit myself in the head and become one of those slackers?!!

I am happy to be employed, but I suppose you're right. The current state of events has lead to this type of management mentality.

Thanks again,
Whiskee

 

[Beth3]

No, this is not some form of prohibited discrimination and there are no laws that require an employer to be fair. (Besides, who on earth would decide what's fair??? Take any given situation, ask 10 people "What's fair?" and you'll get ten different opinions.)

Employers who don't manage well and who fail to make equitable decisions run a very significant risk of losing their best employees. That's the way free market and at will employment works. If you're not happy where you are, you are free to find a better job or better work environment elsewhere.

You should also keep in mind that employees who do "above and beyond" well and without complaining are inevitably the ones who receive promotions when the time comes. The slackers and the whiners don't. I've seen it happen many, many times. Of course then the slackers are whining about the fact that they weren't promoted.

 

[Whiskee]

Employee who's talking not working

Hi Beth,

I should have prefaced my post with this information which really is the bigger issue. I was being mandated to assist a co-worker from another department. This co-worker started as a temp and is currently full time. Since day one she has been on constant personal calls both using company phone and her cell phone and is socializes more than a few minutes here and there. I have recorded the these times. I did meet with HR. They took my recorded times. Can HR verify phone records and recoop the hours that the employee has been paid for that she did not earn? She had also worked overtime and I as a result of her not working was being asked to assist. (I am also the one who is now developing carpal tunnel. I am forgoing WC and just want to see a doctor of my choice and get treated asap.) So obviously I do not wish to assist anyone who isn't earning their pay and secondly do not wish to do added work to worsen my numbness. As soon as I see an orthopedic surgeon I will ask for a note not to do additional work. Is that acceptable?

Thanks,
Whiskee

 

[Beth3]

What an aggravating situation. Assuming your phone system has some sort of monitoring software (numbers dialed, length of calls, etc.) and/or the phone bill shows what numbers are called, perhaps HR can identify what calls were personal and which were business related but that's a maybe. It would probably require them to call the numbers shown and try to figure out who those people are and I have no idea whether they wish to (or have the time to) go to that degree of trouble. No, they cannot dock her pay for those times but they/her manager certainly can take disciplinary steps with her.

As to your note, yes, you can bring something in that says you can only work a certain number of hours per day and/or restrict what activities you can perform but I cannot guarantee that you will not be terminated or placed on leave. For example, if the doctor's note says you cannot keyboard or can only keyboard for X hours per day, they may conclude you are unable to perform the work that is essential to your job and decide they need to replace you. If you bring in a doctor's note that is clearly coached ("Whiskee should no longer work in the ABC Department" or "Whiskee should not do not any additional work for SuzyQ")that will be viewed as highly suspect.

A strategy of bringing in a doctor's note with restrictions as a method of getting out of assisting this do-nothing co-worker is risky.

 

[Whiskee]

Always behind the 8 ball!

Hi Beth,

Her position requires very little outside contact. I would think it would highly be easy for them to detemine personal calls. I would say this co-worker easily averages 2-3 hrs/day of personal calls. It doesn't make sense that she can slack and not do her work and work overtime and have me help. The managers are doing nothing to place her on a schedule or make sure she's working. So they can't make her work X amount of time for free to make up the hours on the phone??

Regarding the doctor's note. No, I won't go to the extent that prescribes me from assisting this co-worker. Perhaps limiting the number of hours by which my work can be completed. Obviously I should be keying minimally to prevent worsening. I'll let the doctor compose the note as necessary but not allowing any room for dismissal.

Yesterday instead of being mandated to assist, it was changed to a request to assist when and if I became available. I did not assist as my work was not completed. But even if I did have free time, isn't it my option to assist?

Thanks,
Whiskee

 

[Beth3]

No, they can't make her work for free to make up for all the time she's spent screwing off. What they can do is take disciplinary steps with her if they choose to do so. Frustrating though the situation is, you cannot MAKE management do anything about her.

It is not your option whether to chose to assist her or not. If they tell you to assist her, you have to assist her, even if you have to grit your teeth while you're doing so because you're so ticked off that you have to do your job and hers too. Your employer can require you to do anything they wish except things are are unsafe, illegal, or immoral.

Let's hope your management is planning on taking action soon or wakes up and smells the coffee and realizes what a waste of space she is.

 

[Whiskee]

Ugh!

Well, like I said this time was a request to assist. I did assist when mandated but not when requested.

At this point I appeal to the Heavens to get me out of here. I had already put in efforts that were above and beyond the call of duty. I tried to create a supervisor position for myself long ago and try to effect positive and productive change, but I'm just burnt with poor management. I wouldn't accept a promotion even if they offered it to me. Or better yet, hoping to find my sugar daddy!

Thanks for the help and support,
Whiskee