This ‘Free’ Lunch Is Costly
Q: I work for a doctor’s office where we punch a time clock. We are allowed an hour for lunch. On special occasions - holidays, birthdays, etc. - the doctor has taken us out or invited us to his home for lunch, which always takes more than one hour. When he handed out our paychecks, he said I had one too many hours added in. It turned out that the other employees deducted an hour from their time cards because of the free lunch. I live paycheck to paycheck, and I resent attending an office lunch and being forced to deduct that time from my paycheck. Am I wrong or is the doctor a cheapskate?
A: Calling him cheap is generous. It also sounds like you are the only logical one in the office. This doctor has negated his hospitality of inviting all of you to lunch by deducting the time. Next time a group lunch takes place, thank him for the invitation but tell him you can’t afford it.
Too much honesty may not be the best policy
Q: At the last company I worked for, I developed a repetitive stress disorder on top of a chronic illness. I was so depressed, I couldn’t get out of bed without considering suicide, so after more than 10 years with this company, I resigned. I had the surgery for the repetitive stress syndrome and went for physical therapy. I need to go back to work for financial reasons, at least part-time.
I’ve been honest on interviews for secretarial jobs, but my illness makes me look like damaged goods. I also don’t know what to say as to why I quit?
A: If you are able to perform the job duties of the positions you are applying for, you should not mention past illnesses. If you need special accommodations to perform the job, then you will have to tell the interviewer. All you have to say about your last job is that you took time off and are now ready to return to the work force, but it sounds like you would be better off considering jobs that will not cause any further damage to your wrists.
Two younger workers hired over older worker
Q: I am 49 years old and have been free-lancing for a company for three years. My supervisor has approached me twice about coming on staff fulltime, but when I finally said I was interested, she said she was told that the company did not want to add another staff position because of the cost of benefits. During this time, however, two junior employees were hired. I suspect my age is working against me. I also think that one of the junior staffers is angling to assume my responsibilities, which would jeopardize my position. What would I need to prove age discrimination?
A: If this supervisor had not mentioned the cost of benefits, she might have hired younger employees because of the lower salaries she could pay, getting, in a sense, two for the price of one. But if she starts giving your assignments to these new employees and using you less often, you may have more proof to support your position. Age discrimination cases are difficult to prove, but you may want to consult with an attorney who can advise you on what to look for as you continue to work as a freelancer for this company.
According to Chicago employment lawyer Carey Stein, of Ashman & Stein, the first concern is whether you should be considered an employee rather than an independent contractor. If the company is calling you an independent contractor but using you the same way it uses employees, it could be violating many tax laws. Generally, the distinction is based on the extent to which you are supervised. If you are supervised to the same degree as employees are, you may have a strong case.
As to the age discrimination issue, the fact that the supervisor said she wanted to hire you as an employee and then hired someone younger to do the same job means you may have grounds for an age discrimination suit.