‘Chaotic’ Job Doesn’T Work

Q: After 14 years of self-employment, I closed my business and took a full-time job as office manager at a small company. During the initial interview, I sensed it was a chaotic environment. I suggested we try it for three months and then renegotiate the employment agreement.

Once I started, I saw that the picture portrayed during the interview was not reality-based. Also, I was not told about company policies and procedures, which changed according to the owner’s mood. I tried to stick with it, but then the negativity began. The owner said I was not performing up to speed. I told him I could not do the job under these chaotic circumstances.

I left the company after one month and registered with several temporary employment agencies. I enjoy the flexibility of working at different companies and finding out if my personality is compatible with the environment. Although I’d make more money with a full-time, permanent position, there’s much less emotional stress. If I’ve learned one positive thing from this experience, it’s that I have matured through my self-employment years to quickly recognize a bad environment and take immediate steps to rectify the situation.

A: Your experience working in a negative environment is not uncommon; your courage to leave is. Many employees recognize difficult bosses, but are reluctant to leave and face yet another job search. Registering with temporary employment agencies is a positive. Many temporary assignments turn into permanent positions - with one advantage - you get to see your employer in action before making the final commitment.

Certain types of discrimination are legal

Q: Our company, based in Miami, is flying us in for its employee party. Out of the 49 sales reps throughout the country, 22 are single. We have all been invited to bring a guest at the company’s expense, but if it’s not a spouse or lifetime partner, we have to pay for the guest’s airline ticket. Is this policy discriminatory?

A: Your company’s policy does discriminate against its single employees without life partners, but that type of discrimination is not illegal.

“Many states and cities have laws prohibiting discrimination in employment based on marital status,” says Chicago-based Harry Sangerman, labor and employment law partner of McDermott, Will & Emery. There is also a Dade County ordinance, which includes Miami, that prohibits marital status discrimination. These laws generally are intended to eliminate company policies that prohibit hiring an employee’s spouse, but they can apply to benefits or privileges that differ between married and single employees, says Sangerman.

But the company’s offer to pay transportation costs for spouses or life partners does not discriminate on the basis of marital status because single employees are being offered the same benefit. The discrimination here is based on being single and not having a “life partner.” The distinction is a fine one, but enough to validate the policy, says Sangerman.

Long-time employee finds retirement pay insulting

Q: I am nearing retirement after 35 years of working in different union jobs. My retirement pay will be $550 a month, which I find insulting and unacceptable. What can I do about this?

A: Your union contracts cover your salary and benefits. Once these are established between the union and the company, you have no recourse, unless you are claiming fraud. Meet with a financial planner who can work out a future budget for you. You may need to postpone your retirement or become an independent contractor after retiring to boost your income.