Expert: Timmy Chou - 7/8/2010

Question
The company I work for has employees log in and out of the phone system, when they arrive at work, go to break, go to the bathroom, go to lunch and leave work.
The problem is that the phones do not always work.
The other problem is that the supervisor does not believe that the phones do not work all the time, and theatens to with hold pay to whoever is not logged in.
Sometimes the phones do log you in and sometimes they do not. There are witnesses to attest to both ways on this matter.
....The supervisor theaters to with hold pay UNLESS you can prove you are logged in.....Employees CAN PROVE that they have entered their computer data entry work into the computer and WERE WORKING regardless if the phone does not have them logged in.
....The two supervisors running a call center are 19 years old and apparently do not know what they are doing and no one is stopping them
I am 54 years old and have had enough of this childish behavior ..What can I do to stop this.

Answer
Thank you for your question!  

As I always note to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not a lawyer and cannot give you legal advice, nor can I mediate this with you alone but I can respond to your question from my business consulting experience.

Note that this matter may have legal ramifications and you may wish to consult an attorney.

You are dealing with organizations who are only interested in their own interests or the path of least resistance in terms of how they manage the business.  I'm guessing they could care less about you so don't put too much investment in their position.  They don't apparently realize that there are concrete economic consequences to trying to screw with people's pay and hours. They want to try to make up "so called" business reasons to justify their behavior and now you must create additional "business reasons" to deal fairly with you.

Please begin by documenting a very careful chronology of events as they have occurred.  Names, dates and locations.  Put things in writing at this point paying careful attention to any evidences of how you and others have been treated regarding this matter. You want to be able to document patterns of practices to show that you or others are being singled out.

If there are any, please request a written copy of the policies and procedures pertaining documentation of work time and also the grievance procedure to follow.  Make sure you get a specific copy of any grievance procedures.

The facts are that most states take a dim view of these type of practices and that you cannot be denied pay if you have preformed the work.  This is the fundamental issue the company must address as they cannot just drum up a procedure to confuse people and steal their labor.   

You must begin logging your hours manually, and ask another worker to verify and sign for the hours.  Try to get the company to pay for all worked hours and note that you have alternative evidence of your hours.  If they refuse to pay your next move would be to file a complaint with your state's labor commission.  This is free to you and your assertion is that you provided the company with the economic value of your service and you should be paid for it. Period.  The motivation to act is strengthened if the Commission sees a pattern of abuse and repeated evidence of an unreliable time log, which they do not fix.  

The company must see that their behavior can be quantified in specific economic harm to you, and it will cost a lot more to deal with all the problems you will cause them for their practices and then they will make a business decision and settle fairly with you.  Be cool, calm and professional, but be sure that they know you are serious as a heart attack and have every intention of seeking either to be made whole or you will be after them in every way possible.

Do not argue with foolish little boys who haven't a clue what they are talking about.  Merely note that you expect to be paid for hours worked.  If a discrepancy occurs, be sure to send a registered letter demanding your pay -- every time there is a discrepancy.

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships

Negatives of Arbitration

It's a compromise, no 100% winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

may not reach a binding decision
unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final

Negatives of Litigation:

waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record