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Stalking
Problems and Gett
by Dr. Lynne
Curry
Question:
One of our employees alerted the police to the fact that her ex-boyfriend
is stalking her. One of our other employees is now worried and doesn't
want to come to work because she's afraid this ex-boyfriend will
come in and shoot up the place and she'll be at risk. This second
employee's boyfriend this morning hand-delivered a letter from her
stating that she won't be at work until we fix this situation but
that she expect to be paid during the days this danger keeps her
off work.
We called her to try to get her to listen to reason and she began
crying. Her boyfriend apparently told her that we have to keep her
safe, even if it means firing the first employee. Can you help us?
Answer:
As an employer, you must make reasonable efforts to keep your employees
safe, particularly in a situation in which you can foresee the possibility
of an attack. The OSHA (Occupational Safety Health Administration)
requires that employers provide employees a work place free from
hazards that have the potential to cause death or serious physical
harm.
This
doesn't mean you need to fire one employee because of another employee's
fears. In fact, if you fire an employee for non-job related reasons,
you risk a wrongful discharge suit. So, take steps to protect all
staff by tightening your internal security procedures and consider
hiring a temporary security guard. Finally, according to attorney
Tom Daniel, you don't need to pay the employee who chooses to stay
home. Daniel, however, suggests you neither fire nor penalize her
for her decision given her right to refuse to work in what she,
in apparent good faith, considers an unsafe work condition.
Question:
A computer store hired me as a salesperson last spring for $10 an
hour. In September I got the chance to learn how to set up and install
computers for customers. I really like doing this, but I'm making
$10 an hour, while the store charges companies $75 an hour for my
time. Some days I do one to two installations and thus bring in
$225 and yet I take home only $80 before taxes. I need to know how
to go about getting a raise.
Answer:
To get a raise, you need to ask for one. Approach your manager as
if you and he share a mutual goal - because you do. You want to
keep your job, learn new skills and earn the right salary. He wants
you to continue to work hard. Thus, if you present your case in
the right way, you can both win.
Start
by setting up a private meeting with your manager. Pick a time when
he you can get his full attention. Then, tell him you like your
job and really enjoy installing computers. If it's true, mention
that customers have complimented you on your installs and how helpful
you've been. Add that you've worked for the store for eight months,
started at $10 an hour, have worked hard to add new skills and wonder
when you can expect your first raise.
He'll
either tell you you've made a good case and can expect a raise with
your next paycheck or within 30 days or he'll say he needs time
to think it over or that he can't afford to give you a raise just
yet.
If he says he can't pay you more because he's just making ends meet,
realize he may be telling the truth. As an employee, you can count
on making $10 per hour. Your store, however, cannot count on making
a $10 profit for every hour you work. After all, they pay you for
every hour you work whether or not you do an installation and whether
or not customers buy any products or services.
After
your employer pays you $80 of the $225, they also pay the cost of
the ads it took to bring that customer in to the store and pay all
other business expenses, ranging from rent to utilities to the cost
of the bookkeeper who writes your payroll check.
If,
however, you make your best case and don't secure a raise, realize
you're still way of ahead of where you were eight months ago. Eight
months ago, you started as a $10 per hour salesperson. Now, you
possess skills customers value at $75 an hour. Thus, you've got
as many options as your manager. Although he controls your pay,
he controls it only if you let him. If he doesn't pay you what you
feel you're worth, he risks losing you and what he's invested in
training you. You can always take your skills on the open market
and potentially finding a better paying job.
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