Articles

Vacation Flight, Sandals, and Nooners
by Dr. Lynne Curry

Question:
I just asked my employer for vacation time in late September as my parents plan to visit and my employer said I couldn’t take vacation then as two other employees also plan their leave in late September and early October. I’ve worked her for more than a year and have earned five vacation days. Can my employer deny me my right to take them? When I complained, my boss said she determined who could take vacation on a first-come, first-served basis and I told her she should have made that plain. She told me it was just common sense. I blew up and got disciplined for calling her a "b----." What are my rights? I plan to take the days anyway since I’ve earned them. Can I get fired for this?

Answer:
According to the attorneys I called, no law requires employers to give vacation benefits and so when employers give vacation benefits they can control how much of the benefits they give and when those days can be used, particularly if they make their decisions based on legitimate business needs. "Because work scheduling is an integral part of managing a business," says attorney Tom Van Flein, the courts grant employers considerable discretion concerning all vacation leave issues, unless the leave relates to a disability or medical reason. Discretion is particularly critical for smaller businesses that become hamstrung when trying to cover for an absent employee."

Your situation underscores why employers need to give employees clear, written policies concerning issues as important as vacation, sick and holiday leave. Despite what your supervisor said, common sense isn’t common and although she can force you to report to work those five days, she may regret her decision given the cost to your morale.

Meanwhile, you need to learn better ways to voice your anger. If you really wanted your supervisor to reconsider her denial, you blew it when you cussed her. Further, if you decide to take the days anyway, your supervisor can and probably will fire you for not showing up for scheduled work.

Question:
The secretary in our office wears sandals to work everyday and flip-flops noisily. I tried to find it funny at first but the noise comes right when I’m concentrating on budgets, breaks my thought flow and annoys me. I’ve told her about this and she now finds it hysterically funny to flip-flop harder when anywhere near me. I cringe, turn on music and plug my ears. We don’t have a policy on open-toe shoes in our company. Worse, the secretary’s supervisor sees no problem in the situation and even doesn’t mind when she walks around barefoot. I am not looking forward to a talk with her supervisor, but the flip-flopping is driving me crazy! Tell me what I should say to him to get his support.

Answer:
The secretary seems to have learned a new game – she winds you up and you climb the wall. You can stop playing at any time.

The game started when you told her the sound her sandals made bothered you and she elected to flip-flop harder. At that moment, she announced, "We’re playing control." When you cringed and grabbed ear plugs she passed "go" and collected 200 immaturity dollars.

Tomorrow, ignore her. She can’t play alone successfully for long. If you ignore her flip-flopping and laughter and she keeps it up, you won’t have to say anything to get her supervisor’s support.

Question:
I work for a man who plays "let’s make a deal" in every area of his job and I’m expected to look the other way. He makes up bogus expense vouchers and client reports that I have to transmit to corporate headquarters. He has "nooners" and when his wife calls I’m supposed to say he’s in a meeting.

He just breezed out for an afternoon with his fling and if his wife calls I’m supposed to say he was called away to an urgent meeting for the afternoon. When I told him I drew the line at lying to his wife, he asked me if I wanted another job. I asked him what he meant and he said I had a choice, meaning I lie or he fires me. I need some help.

Answer:
When his wife calls, don’t lie. Just let her know that given the type of meeting he’s in, you’d rather not interrupt him.

Meanwhile, package up the last three months of bogus reports along with any information you’ve got that shows the truth. Then, if he tries to fire you, tell him he has a choice. He can fire you and risk your passing along the truth to corporate headquarters or he can let you keep your dignity and you’ll let him his job. Meanwhile, look for a new job. When you work for sleazes it not only rubs you the wrong way it ultimately rubs off on you.