Advice regarding unfairness at work

In My Humble Opinion
1

I have a bit of a problem at work, and I’m wondering if any of you wise individuals could give me a bit of advice.

 Let me set this up as best I can:  I work mall security in a department of approximately 15 people.  I’ve been here about 6 months, and am about in the middle of the seniority chain (yeah, we have a fast turn-over rate).  Generally, we all get along quite well.  About a month and a half ago, they hired a girl named Kate (not real name).

 Kate is young, pretty, known to be ‘easy’, and a single mother (if it makes a difference).  Kate, however, is a lazy bitch.  Now, I want it understood what I mean when I say this.  I am an easy going guy.  I’m not the perfect employee by far.  So when I say this, I mean it with the deepest sincerity.  Here’s a short list of some of the things I am talking about:

 Her first week here she “hurt herself” by falling on the tile floor and supposedly fracturing her elbow.  I use that in quotes because we are all fairly sure she was faking.  She had a doctor’s note to not have to do anything, so she was allowed to sit in the office for 2 weeks and do paperwork.  Let’s just say she basically sat around and chatted with the boss for 2 weeks.  Not only that, I question how a “fractured” elbow prevents one from walking around on patrol.  I assure you, there is no danger in our job, and one can easily perform all of our duties with one arm.  Many times during this 2 weeks, she was witnessed not wearing her sling and performing many tasks that a person with a hurt elbow would not be able to do.  Yes, she was bad at faking it.

 Now that she is off of light duty, she has headaches every day.  She will claim a headache, and sit in the office for hours at a time.  If any of the rest of us did this, we would be told to take some pain killers and get back to work.

We get constant complaints from customers about how she is rude to them. In general, if someone is loitering you ask them to keep shopping or leave. Her approach is usually something along the lines of “Are you deaf?! I said get out!” Not the best public relations IMO.

 We are supposed to check the back corridors of the mall at least once a shift.  I had to stay after work one night (unpaid overtime too) to show her the route, even though she had been working here almost 6 weeks at the time.  Somehow she hadn’t done one of our main duties for over 6 weeks.  If any of the rest of us misses doing these checks for 2 days in a row, we can expect to be written up.

 She forgot to return the master keys one night.  When we noticed they were missing, we called her and told her to bring them back in.  She refused, saying she was over an hour’s drive away by that point and that she would bring them in the next day.  If it were any other employee we would be required to bring them back immediately (I myself once had to drive half an hour to return them).  Our shift supervisor let this slide, and she was allowed to turn them in the following day.

 I could go on with further examples like this, but I think I have expressed my point.  I and a few others have tried talking to this girl about how she isn’t helping herself be very popular, but to no avail.  I can't decide if she thinks she is playing us all for suckers, or she really don't understand what she is doing wrong.

 Normally, I wouldn’t care about this.  I generally mind my own business and let karma sort things out.  However, recently this has begun to affect my job.  I’ve had to pick up significant slack on many a shift, sometimes not leaving for over an hour after I was supposed to (my company doesn’t pay overtime, or else I wouldn’t mind).

 Today was the last straw, however.  On next week’s schedule, she is getting significantly more hours than me.  These are part time positions where everyone pretty much has to fight for 40 hours/week, and generally your value is expressed in the number of hours you get.  Kate’s getting 40 hours, whereas every other part-time officer, all who have more seniority, are getting 30 hours or less.  This might not seem like a big deal to some of you, but around here this is huge.  This is a slap in the face to the rest of us, who bust our asses trying to hold this place together.  I don’t know why my shift supervisors let her get away with this stuff, but I just can’t stand it any more.

 Now keep in mind we don’t get paid much, so moral is a very important aspect of keeping people in this position.  I’ve basically just had it with this preferential treatment.  So, I ask, what do I do?  Should I go over my shift supervisor’s head and talk to my director?  I don’t want some sort of negative backlash against me.  I don’t want the reputation of being ‘a complainer’, as I hope to get promoted around here.  (the pay is quite good once you start climbing the ladder).  Have any of you been in a similar position?  How can I resolve this tactfully?

If I left out any key details (which I’m sure I did), I’d be happy to supply them if needed.

2

If they are not paying you for overtime, they are most likely breaking the law.

http://www.legislature.mi.gov/(S(wxo432ewx4byhya3h3qxwa2b))/mileg.aspx?page=getObject&objectName=mcl-408-384a&highlight=minimum%20wage

I don’t know what to tell you about “Kate.” She sounds like a lawsuit waiting to happen.

3

Yeah, let me correct that overtime thing for argument’s sake: I didn’t have to stay over, but I would have looked like an asshole if I hadn’t. It was voluntary as far as the law would be concerned.
And I was hoping that me staying after would inspire this girl to get her head on straight by seeing me strive to help her out.

4

So, is she servicing the supervisor? I think I’d just hang in there, don’t do anything overt, just give her enough rope to hang herself, and maybe the supervisor too. If you make an issue about it, it will likely make you look bad, people like her are usually good at twisting things to blame others for their screwups.

5

Overtime hijack - As far as the law is concerned, unless you are in an exempt job (and I really can’t imagine security guards being exempt), you have to be paid for the time you work, time and 1/2 if it’s over 40 hours in a week, and possibly for additional overtime requirements in some states. This is true even if you work the time *against * your manager’s instructions. There is no “voluntary.” (Note: in that case they could fire you, but they’d still need to pay you for the time you worked.). This may not be the norm where you work, and you may not be interested in getting all wage-and-hour in their faces, but it is how the law works.

That said, back to the problem at hand. DO you think there is something going on between the supervisor and Kate? If so, that could be creating a legal problem for the company. It is called quid pro quo sexual harassment, where an employee receives or is denied special treatment based on sexual favors provided or denied. Also, if Kate changes her mind, that’s another legal risk. If this is going on, higher level management or HR would be well advised to bring a stop to it. It’s not just a morale issue, it’s a potentially costly legal problem for the company. That’s the advice I’d give management or HR at your company based on the situation as you’ve described it.

In terms of your particular situation, only you can judge if you have a good way of communicating this to higher management or HR, or if that’s likely to blow up in your face.

Also, maybe you really don’t think there’s anything going on between Kate & the supervisor. Maybe she’s just a manipulative employee. Then really you have no choice but to do your job & wait for karma. Legally, though, you do not need to work unpaid time. So if it bothers you, I’d encourage you not to do it. Even if you don’t use one, imagine a time clock. You punch in, you start working. You work. You punch out. You stop working. You are accountable for working up to standard while you are punched in. They are accountable for paying you for the time you were punched in.

6

Gonna chime in that you should be getting paid for all of the time you work. If they refuse, refuse to stay late. It might make you look like an asshole, but there’s nowhere in the labor laws that say you have to make stupid concessions for your employer, too.

They ought to know this, too, which means they are deliberately screwing you over.

As for Kate, I have no idea what to do. You could try taking it over your boss’s head, or going to the local labor commission, but you’d need proof either way.

~Tasha

7

Have any of you actually complained about her, or let your supervisor know how much of a hardship her actions and behavior are causing you? It sounds like your supervisor either a) doesn’t know, b) doesn’t like confrontation, or c) doesn’t care. If it’s either of the first two, I think getting some colleagues together to have a word with the boss should help. Once your supervisor knows that you’re all paying attention, they will have to do something about it. If it’s the latter, you may well be screwed.

8

I hate to say it, but now you know why the turnover is so high. Kate is probably shagging the boss and will keep doing it to get special duty and hours. Your only realistic choice is probably to quit or to wait it out and see if she quits. What a lousy situation.

9

Well if she’s “pretty” there’s not much you can do about it if your supervisor is enamored of her in some way, whether he’s doing her or not.

I really hate to be blunt, but you’re a doper, and you’re reasonably bright. Quit this mall cop stuff, and get back to school. Favoritism is everywhere, but at least get paid fairly for putting up with it.

10

I think you need to stop doing them favors. When they ask you say. " I am so sorry, I can’t do it." When your boss asks you could ask him if he would authorise overtime, but i think that may get too confrontational. Just say no. Every time. If he wants to give her that many hours don’t cover any more than your shift. Don;t shirk on your job. Make sure the company is covered and document, document, document. I sort of think you should let HR know but I haven’t ever worked in a company with effective HR.

11

furlibusea makes a good point. You should probably keep a contemporary recoed of her behavior, just a notebook w/ periodic entries. Keep it factual. You may never need it, but she could screw up and try to put the blame on you, or others. If something like that occurrs the record would come in real handy. Keep it to yourself, if it gets out you may look like you’re trying to set her up.

12

Excellent points by all.

BoBettie, I’m not sure if she is shagging the boss or not, but that’s definitely not something I want to ask. “Hey boss, you hitting that?” does not sound like a good career move.

Astro, thanks for the encouragement. I’m not sure what to do on the employment thing. I mean, I have a bachelor’s degree in Criminal Justice/Sociology. I have applied to every courthouse/sheriff’s department etc within 50 miles, and haven’t even gotten as much as a call back. This has been going on for a year now. I took this job out of desperation. I just can’t seem to find anything else that doesn’t involve moving hundreds of miles, and my family isn’t able to go with. $8.25 an hour sucks after $40k for college, let me tell ya.

Furlibusa and AR Cane, I think I am going to start keeping a log like you say. It couldn’t hurt.

On the bright side, one of my other co-workers is more fed up with this situation than I am. He’s fairly hot headed, so I expect him to either blow up at her, or go to the boss within a week. I’ll back him up if he asks me to, but I’m kind of glad that I might not have to be the one to bring up the situation first.

13

Did you ever watch the movie “The Shawshank Redemption?” You know how Andy writes a letter a week until they give him what he asked for? Figure out all the places where you want to work, and keep applying until they hire you. Make it your new hobby. :slight_smile:

14

Through all that explaination, I didn’t detect any evidence that you have complained to anyone yet. Have you complained? If so, what has the reaction been? If not, do you really expect your supervisors to sense your frustration and somehow know that she’s the source?

Raising problems to your boss’s attention is sort of like asking out a girl. At first, it’s awkward, there’s no way for others to completely prepare you, but you just have to do it and get the experience under your belt. After a while it just isn’t a big deal anymore. You know your supervisor better than anyone here, so just suck up the courage and complain – with others if they have any cajones. Having supervised people myself, I say that people who don’t do their work are worthless, but people who can’t raise an important issue with their boss are only marginally less so.

And if the complaining doesn’t work, quit. But you have to complain first.

15

So if this is such a big deal, and affects everyone involved, why have you not all protested it vehemently? If the rest of you have the guts and the will to stand together, I would think management would see that their best option is to change the Kate situation (I’m assuming that the prospect of firing everyone else, or having them all quit, is not appealing to them).

16

Something I left out which might answer a few of the “why haven’t we actively complained to the boss”:

Today he got the final word, his wife was diagnosed with cancer and might not live much longer. We’re kinda hesitant about making his life any more stressful this week than it already is.

I talked to a few of my co-workers tonight who have the same feelings as me on this issue. One of them is drafting up a letter that we can all sign, and will be delivering it to our boss in a few days. This was the ‘lightest’ approach we could come up with. I am hopeful.

And on the bright side, I’ve been temporarily promoted to ‘office database engineer’. I’m writing us a new dispatch program (yes yes, they are exploiting the fact that they have a certified SQL programmer on staff). Sure, I should be getting $30 an hour rather than $8.50 to do it, but at least I don’t have to put up with anyone for the next week. And I get a few more hours on the clock to work on it. The job is looking better than it was yesterday.

17

Keeping a written record is a smart idea

  • I would not be at all surprized if ‘Kate’ turns on you

She sounds like a disaster waiting to happen

If I were you I would keep very quiet, going above your supervisor’s head is a seriously bad move, and writing a joint letter could really annoy him.

My guess is that she’ll trump up a sex discrimination or harrassment case.

If you maintain a low profile, you’ll look reliable and have more chance of moving up the food chain.

Good Luck !

18

I’m guessing there’s someone above your immediate supervisor somewhere in the company. Go to that guy.

Document everything.

Make sure they pay you for hours worked. As others have said, you are entitled to overtime if you work more than 40 hours. Don’t work any more unauthorized OT, but make sure you document what work you complete each day and why X tasks were not completed (particularly if Ms. Privileged Employee is to blame).

It’s pretty clear to me why turnover is high. Management sucks. If I were you, I’d iron my resume and start knocking on some doors.

19

I really advise you against the letter. You come off much better if you give someone a chance to handle something based on a conversation before they have to deal with something in writing. A letter, especially signed by multiple employees, is like taking an elephant gun after the situation. Wouldn’t you want your manager to give you a verbal warning first, before a formal write up? If you want to move up in the organization, a good way to start is by showing you have the maturity to handle something that’s really not all that uncommon (a poor employee) without getting all bent out of shape about it. Having your name on a letter with a group of unsatisfied employees is the kind of thing that can hold you back.

Would you be able to go to your boss and have a conversation like this:

Describe the situation in factual terms only: I’m scheduled for X hours. I’d rather be scheduled for Y hours. Kate was assigned to do X. She did not do it. I did it.

Emote: express your feelings. Use “I” statements only. “I feel like my responsibility is being taken advantage of.”

Suggest: What action do you suggest the supervisor take? “I think it would be a good idea for you to take a close look at Kate’s performance.”

Consequences: Primarily focus on good consequences: “If you make sure everyone on the team is pulling their own weight, I’ll be happy to take on extra responsibilities like the roster from time to time.” Negative consequences, when you’re talking to someone above you on the food chain, are kinda risky. Don’t say you’ll quit unless you’re ready to back it up. But if you have to have this conversation a second time because nothing was done, you might move into the negative consequences territory.

Good luck.

Side note: My suggestion about going to your boss’s boss or HR was IF you seriously thought the boss was having an affair with Kate. That, IMHO anyway, is a serious problem that would make that the right thing to do, because of the risks to the company. In general, **FRDE ** is correct and going above the boss’s head should be avoided.

20

FWIW, I think a letter is more confrontational than you think. A letter signed by a bunch of employees may get your supervisor’s back up immediately. There’s little give-and-take with a letter, which may be why the Church got so antsy about Martin Luther and his Theses. Regardless of the boss’s personal troubles, a simple, professional conversation (even with a few of your colleauges if necessary) is, IMHO, the right way to go. And its good to have a solution to the problem in your mind, not just throw a complaint into his lap.