Pay Cut for Salaried Employee

[kwalla]

What is the name of your state? New York

My supervisor refused to attend a company party scheduled during work hours from 11:30 - 4:00. He is a salaried employee. I need to ensure I can legally cut his pay for those hours. He left the building at 11:30 when we closed and went home.

Thank you for your help!

 

[Beth3]

Salaried has no legal standing - it is only a pay method. The question is whether his job is exempt or non-exempt. If he is an exempt employee, then you must pay him for the full day.

 

[kwalla]

Ah, shame on me. I am an avid reader of this site, I know better.

I believe being a supervisor of three would make him exempt. Perhaps a better approach would be to have him work longer hours this week to make up for the missed time?

 

[Beth3]

You can't cut his pay but he can be required to put in some extra hours to make up the time. It's generally not wise to do an "hour for hour" time makeup though. It has the potential to jeopardize exempt standing.

Since he didn't miss any work by leaving early that day, making up the time just doesn't seem appropriate. If he was expected to attend the party because he is a member of management, then his boss should address that with him and set the expectation that things need to be different next year.

 

[kwalla]

I agree with you. In this instance, the supervisor stated his wife wouldn't let him attend. This was a "during work hours" luncheon with service awards. Which is the same scenario we have faced with him for other company events. He waits until the last moment and then tells his manager he cannot attend. His work performance is above average. However, we are frustrated with his wife determing when our employee participates in events with his team. I realize this is no longer a legal topic, so I will wrap it up.

Thank you very much for your assistance.

 

[Zephyr]

I agree with you. In this instance, the supervisor stated his wife wouldn't let him attend. This was a "during work hours" luncheon with service awards. Which is the same scenario we have faced with him for other company events. He waits until the last moment and then tells his manager he cannot attend. His work performance is above average. However, we are frustrated with his wife determing when our employee participates in events with his team. I realize this is no longer a legal topic, so I will wrap it up.

Thank you very much for your assistance.

is he 12?!?!? my goodness!

 

[kwalla]

No kidding, this guy is a veteran officer of our armed forces and a graduate from a prestigious university. He isn't pulling our leg, she won't let him go. It's as hard for us to comprehend as it was for you to read it

 

[Beth3]

I agree with you. In this instance, the supervisor stated his wife wouldn't let him attend. This was a "during work hours" luncheon with service awards. Which is the same scenario we have faced with him for other company events. He waits until the last moment and then tells his manager he cannot attend. His work performance is above average. However, we are frustrated with his wife determing when our employee participates in events with his team. I realize this is no longer a legal topic, so I will wrap it up.

Thank you very much for your assistance.

What makes you think his wife is actually the one calling the shots here? She could be his scapegoat for an excuse when it's really him that doesn't want to attend. And even if she is calling the shots, she is not a party to her husband's employment relationship. You're letting the tail wag the dog.

If management feels it's important for him to attend, then his boss needs to inform him that he WILL be present at all upcoming company events and an excuse that his wife won't "let" him attend will not be acceptible. Set the expectation NOW that his must change.

 

[zippysgoddess]

Beth3, you beat me to it, that is exactly what I was thinking. I know my DH has often used me, or family obligations as an excuse, when we really we had nothing to do with his decision.

 

[Beth3]

It's awfully easy to make the spouse the bad guy when the issue is that the employee just wants an excuse not to show.

Either way, sounds like kwalla's company needs to put their foot down.

 

[kwalla]

To help clarify a few things...

We have put our foot down on this topic on two previous occassions. We explained to him that the events are mandatory, end of story.

I know its his wife because we use to work under the same company (although I was in management and she was in an hourly position, a plant of over 2500 people). The trick is, so did my supervisor. Although none of us knew each other while working there.
He was terminated from his former position (a lucrative position) because his wife was using his corporate card for personal spending. He had been warned twice before termination. Indirectly, we worked for the same boss. When he applied for my open supervisory position, he explained that was a mistake. So I called my old boss for his opinion and he was very supportive. Knowing this position did not require him to manage a corporate card, I hired him.

So, if that's not a convaluted mess... Either way, we are in a tough position. The events were are asking him to attend, only occur twice per year. Other than those two days, he is an excellent supervisor and strong leader. We have been very hesitant to terminate him because of this issue. However, we were hoping for some kind of legal consequence to his actions..hence the question regarding the pay cut.

I greatly appreciate your feedback and time. Sorry if it was tmi

 

[Beth3]

Wow. The wife sounds like a real piece of work.

I agree that terminating him over attendance at these events isn't called for. The punishment would be excessive for the crime. But he certainly can be told that attendance is mandatory and that if he fails to attend, future salarly adjustments will be effected.

 

[cupid6980]

I have to say that after reading what you have said about this employee I am disgusted! I would hope that you would not belittle this man to anyone. Do you know that if he found out about what you have said he could sue you?? It may not stand in court but he could give your company a very bad reputation. And reputations are extremly difficult to clear up.
Did you ever think that perhaps this man does not care to be social with people such as yourselves? Perhaps he would rather spend his time with non-judgemental people?? And he has every right to use annual leave in order to skip the party unless otherwise stated in his contract.
I hope I never work for your kind of company.

 

[Beth3]

Do you know that if he found out about what you have said he could sue you?? For what??? He has no claim to bring simply because the company doesn't care for the fact that his wife decides what he can and cannot do.

It may not stand in court but he could give your company a very bad reputation. No it wouldn't because any claim that he might bring (which is extremely unlikely) would never survive sum**** judgment.

Did you ever think that perhaps this man does not care to be social with people such as yourselves? Which is completely irrelevant. If the company wishes him to attend, then he needs to attend.

And he has every right to use annual leave in order to skip the party unless otherwise stated in his contract. No, he doesn't. Vacation is granted at the convenience of the employer, not the employee.

I hope I never work for your kind of company. I'm sure that's a mutual sentiment.

 

[Gadfly]

Wow! If there had been no party would she have made him come home?

We have often closed the office to reward the employees for a job well done. The hourly folks love the chance for a free meal or day of bowling or whatever and having it paid for. The management is EXPECTED to be there to thank the staff for a job well done.

What's wrong with this dude? I doubt his wife is that good!