AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question Hotel employee..
Recently our supervisor wrote a memo stating
to all employees that they MUST report to work 10 minutes before start time (which for me is 3pm).
She did this because some employees are constantly late. (im not because i live around the corner)
The memo also stated that if we were not there 10 minutes prior then we would be written up and possibley fired. She wanted all of us to sign it.
I felt uncomfortable signing seeing that i cannot promise to be there 10 minutes prior everyday. According to this i can be written up for being 5 minutes early. I spoke with the owners and they were of no help. I only ask that the memo is re-written appropriately, then ill sign. I was told by the supervisor (author of memo) that i would be fired if i didnt sign it. This doesnt seem fair. Is there anything i can do? im not to up on my labor laws. Also they refuse to pay the 10 minutes overtime for each day.
Below is the MEMO:
"THE AM CLERK NEEDS TO SHOW UP AT LEAST 10 MINUTES PRIOR TO WORK TO EXCHANGE THE INFO. AND COUNT THE BANK. THIS GOES FOR PM AND AUDIT SHIFT. IF THE TIMING ISSUE PERSISTS WE WILL FROM NOW ON HAVE TO DO ONE WRITE UP FOR EACH TIME YOU'RE LATE WHICH WILL LEAD TO TERMINATION UPON YOUR 3RD LATE ARRIVAL. IF YOU UNDERSTAND PLS SIGN BELOW....."
thanks
Answer Thank you for your question!
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.
The case you describe here is very typical and can be considered a "classic" workplace dispute presentation. I am not a lawyer and cannot mediate this with you alone but I can respond to your question from my business consulting experience.
Note that this issue may have legal factors and you may wish to consult a labor attorney.
Remember that some states are considered "employment at will" states, which means that without some agreement about your continuing employment or some behavior on the part of
the company that could be interpreted to imply a continuing relationship, or a specific contract, the company can terminate you at will for any reason.
Normally it is illegal to require you to be somewhere and not pay you. You should speak to your state labor board about it and see if they can come out and "educate" your company. Also, the US Department of Labor could also be invited to participate. These offices are in major cities. and having them involved does not cost you any money.
Any action you take, however, should be balanced against your assessment of any retaliation that may be taken against you -- such as firing you. Even though you may be in the right, it is well to recognize that your rights are only valid if you can afford to enforce them in court--which most people can't do.
It is usually better to go along with the requirement while you are exploring ways to challenge it. Fighting will only get you fired now -- legal or not.
As you can see this could become a real cat fight, take a
long time and cost alot of money. You may be in the right, but you should count the cost to yourself in seeking justice. It may be a tough road.
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
