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Legal Question on a Work Situation

The TVClubHouse: General Discussions: 2004 May - July: Career Group (ARCHIVES): Legal Question on a Work Situation users admin

Author Message
Jagger
Member

08-07-2002

Thursday, June 17, 2004 - 6:21 am   Edit Post Move Post Delete Post View Post    
I recently had an experience at work that has really upset me, now I am not sure how to address it.

My boss has a habit of giving my pay check and my co-workers pay check to one of us and tells us to give it to the other person.

She forgot to do this last Friday so she gave them to my co-worker on Monday. My co-worker procedded to open up my paycheck, reviewed it, including what I make per hour, then he took it tore it up and threw it in the trash compactor.

When I realized I had his check, which I had not opened, I gave it to him and asked him for my check stub ( I have direct deposit) that is when he told me he tore it up and tossed it in the compactor.

He procedded to tell me he didn't even realize it was my check, that he didn't look at the pay scale, yet he was able to say I have vacation time listed and overtime listed.

When I told him I didn't beleive him and that he had no right to open and than try to distroy the evidence he procedded to open his check and show me his pay stub, which only made matters worse.

When I mentioned this to my supervisor she told me to go ask for another copy of my pay stub, not a word was said about him opening my check or throwing it in the compacter, or about him rubbing it in my face the difference in our pay scale.

I have worked for the company for 26 years, about 10 years in my present job. My co-worker has worked for the company for about 6 years, less than 2 years in his present job. We both have identical jobs, same job titles, etc etc. The problem is that he makes considerable more than I do and now we both know this.

I am having a real hard time accepting the fact that he knows what I make compared to what he makes. I am also haveing a real problem with the company allowing him to get away with opening my pay check and distroying it. I have to come to work everyday knowing that he makes considerable more money than I do, yet he is continuously asking me how to do things. Also the idea that he knows I have to come to work and work just as hard as he has to and yet he is making more money.
This company has always been very strict about employees telling others what they make.

Has anyone else ever had this situation, are there any legal actions I can take. My feeling is that my privacy was violated to the point that it can't be repaired without some drastic changes.

I have my yearly review coming up with in the next 2 days and I will be addressing this issue again with my supervisor, not that it will do any good. When I told her about it when it happened she just said she was sorry it happened.



Max
Member

08-12-2000

Thursday, June 17, 2004 - 9:25 am   Edit Post Move Post Delete Post View Post    
Jagger, first of all, that sucks!

I think it's important to look at two separate, but interrelated issues here:

1. Your co-worker's violation of your privacy by opening a check that was not his and a further violation by shredding it. Your manager SHOULD be concerned about these actions as they are an infraction of privacy policies that most companies have in place. If your boss doesn't thik it's important, talk to someone in Human Resources. It they don't think it's an actionable item (as in at least a formal reprimand in writing to him), then perhaps this isn't a company you want to be working for because it seems clear that they don't value employee privacy rights.

2. Your feelings about the fact that you both now know he makes more than you for doing the same job. It's really important to keep this discussion separate from the first one. Otherwise you end up coming across as a whiner about your pay scale and that ends up hurting you. Unfortunately, this is especially true because you are a woman. I know that might sound unfair (and it really is), but it's true. In our society, women complaining about stuff like this tends to rub employers the wrong way. I've had it happen to me over issues other than pay; then seen a male peer do far worse and be told that it was his job to do that. Right. Anyway, it's important to really think this part of the issue through and decide what's important to you before you broach the subject to anyone at work.

It's not uncommon for someone who has been with a company for a number of years (you said you've been there 26 - wow!) to find themselves being paid less than newcomers to the same position. The key item to where you stand in the pay scale is where you started because salary increases don't always keep up with the going market rates for newhires. So, your co-worker who joined the company six years ago probably started at a much higher point in the range (and of course the ranges get adjusted all the time -- not always in proportion to the increases existing employees receive) than you did. Therefore, his annual increases (assuming you all get them annually), which might be the same percentage as yours, keep his salary higher than yours. It's just a fact of corporate life. Unless you rise as a star performer and get promoted to new levels with higher than "normal" salary increases, you're going to be behind the eight-ball on the salary comparison chart with lots of employees who have less time at the company than you do. Sad, but true.

Of course, it IS possible that you are working for a company that makes salary decisions based on thoughts like, "Well, HE has a family to support." Of course, no company will admit to that kind of thinking anymore and it IS rather rare in this day of strict labor laws and lawsuits from employees, but it can still happen. Personally, I preferred it when employers were more open about such things -- at least you knew where you stood (I worked for a guy years ago who told me that family thing -- needless to say, I didn't work for him for very long).

Anyway, IF you decide to pursue the salary issue, do it with your HR representative and do it from the perspective of seeking to understand the company's position and learning how you can move ahead given your years of service and expertise. Then, you'll need to decide whether it's worth it to you to continue working there for what they are paying you. Remember the full package of benefits and other perqs the job might offer, such as the fact that you know the place like the back of your hand, you have lots of friendships there, etc., are part of the whole picture. If it's really a deal-breaker for you, start looking at other opportunities (of course, keep that VERY private in case you decide not to leave).

I really think the most actionable thing here centers on the privacy violation your co-worker committed. While he might have accidentally opened the check without looking at the front of the envelope first, there is NO excuse for him studying it and then destroying it. That crosses a very thick, dark line that should be drawn in indelible ink and the company should do something about it.

Whether or not you have a situation that warrants a lawsuit is eminently debatable. I would suggest first talking to HR about the privacy violation and seeing what they do. If nothing is done, you might want to schedule a consultation with a lawyer who specializes in employment law and get an opinion.

Good luck! Let us know what happens. :-)

Tiernet
Member

06-07-2004

Thursday, June 17, 2004 - 11:05 am   Edit Post Move Post Delete Post View Post    
If there was a way to get the shredded check which validates the story. Though probably unlikely since it was Monday..

Max
Member

08-12-2000

Thursday, June 17, 2004 - 5:57 pm   Edit Post Move Post Delete Post View Post    
Jagger, it's been politely pointed out to me that I made an ASSumption in my post about your gender. My apologies.

If you ignore the stuff I wrote about being a woman, the advice still holds. Hope I didn't offend. :-)

Pamy
Member

01-02-2002

Thursday, June 17, 2004 - 6:43 pm   Edit Post Move Post Delete Post View Post    
The new privacy laws would make your supervisor and co-worker's actions illegal!!!!



Jagger
Member

08-07-2002

Thursday, June 17, 2004 - 7:45 pm   Edit Post Move Post Delete Post View Post    
Max no offense taken you had some great advise. Pamy I thought the new privacy acts were only for medical records.

Tiernet the check has long been crushed in the compactor. I don't think there would be any questioning to the fact my co-worked opened my check, I think he would admit it. I also had to explain to the accounting department why I needed a copy of my pay stub so they are also aware of it.

I still haven't decided how I am going to handle this situation but I apprciate all the great imput.

Pamy
Member

01-02-2002

Thursday, June 17, 2004 - 8:17 pm   Edit Post Move Post Delete Post View Post    
I work for the county and some of our rules changed this year due to privacy laws...also the credit companies sent out all these disclaimers so I think it is for more than just medical.

I would be soo pissed if that happened to me, hope you get a good resolution

Strawberry
Member

07-18-2002

Friday, June 18, 2004 - 4:27 am   Edit Post Move Post Delete Post View Post    
Good luck today on your review Jagger! I'm crossin my fingers and my toes for ya. If ya get a chance, let us know how it went.

Djgirl
Member

07-17-2002

Friday, June 18, 2004 - 11:29 am   Edit Post Move Post Delete Post View Post    
If it's anything like the privacy laws that were put into effect in Canada this year, it applies to any personal information.

Jagger
Member

08-07-2002

Sunday, June 20, 2004 - 5:11 pm   Edit Post Move Post Delete Post View Post    
Well things didn't go well at all on Friday, no review, no raise, and the boss said she didn't have the time to discuss the pay stub insident, she said she would touch base with me on Monday about it.

I will let you know how things go on Monday.

Pamy
Member

01-02-2002

Sunday, June 20, 2004 - 5:20 pm   Edit Post Move Post Delete Post View Post    
I think you might need to go to your boss' BOSS!!!
What that employee did was grounds for termination and your boss just brushing aside is totally wrong!

Pamy
Member

01-02-2002

Sunday, June 20, 2004 - 5:21 pm   Edit Post Move Post Delete Post View Post    
What is the employment agency ...EOC?? YOu might want to contact them and find out what the laws are in your state re: this incident.

Strawberry
Member

07-18-2002

Sunday, June 20, 2004 - 5:34 pm   Edit Post Move Post Delete Post View Post    
Sorry to hear about Friday not going well for ya Jag. I hope tomorrow is a better one!

Scootersmom
Member

08-10-2002

Sunday, June 20, 2004 - 6:05 pm   Edit Post Move Post Delete Post View Post    
Awww man that stinks, Jagger. Hope Monday is lots better for you. Hang in there, and I'm gonna cross my fingers and toes again. :-)

EEOC, I think Pamy?

Max
Member

08-12-2000

Sunday, June 20, 2004 - 7:41 pm   Edit Post Move Post Delete Post View Post    
Jagger,
I strongly urge you to call a Labor Lawyer first thing Monday morning and ask some questions. You need to know what legal position you have in regards to this paycheck incident before you talk to your boss. It really sounds like you are getting set up (then again, maybe I'm just paranoid). It is absolutely in your best interests to know what your legal position is before anything happens. You'll be much better equipped for whatever curve ball they toss in your direction next.

Good luck and keep us posted. :-)