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The father of a friend of mine has worked at the same laboratory as the Facility Director for 25 years...
The ownership has changed several times and recently again. For 18 years... he enjoyed his job and going to work... his wife and kids said he was married to the job.
At one time maintenance consisted of 3 full time plus specific contractors.
The last changed gutted his department... he is now a Department of one and many of the contracts have been terminated.
His new Boss/Partner in the Lab has made it clear my friends Dad is expected to step up and now do the work that was previously contracted.
Example... He was told to Power Wash the 35,000 square foot building and there was no money to hire anyone... having some back issues... never a single workers comp claim... he paid out of his pocket to have the building power washed.
I told him he is foolish for doing it because it will just be the beginning.
His take is it is not a one man job, he's 59 and can't afford to get laid-up... so he paid $600 out of his 80k salary of his 24/7 job to get it done.
He is an exempt employee because his title is Director.... only now there is no one to direct.
Did he set a bad precedent or should he have told his boss it is not a one man job and leave it at that?
Oh... there is no pension or retirement...
Last edited by Ultrarunner; 02-18-2013 at 06:33 PM..
Reason: typo
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Strictly speaking, if he is not physically able to do the job, he should either get documentation from his doctor and they should make accommodations for him under ADA regulations. On the other hand, if his job description requires him to do that sort of work and he cannot do it they might have grounds to let him go, though a good employer would give him other lighter duties and assign that to someone else. Paying out of pocket to have it done should not be an option.
I think he's lucky to not have been let go with the others, but if he cannot do the work he should look for something else less strenuous.
Strictly speaking, if he is not physically able to do the job, he should either get documentation from his doctor and they should make accommodations for him under ADA regulations. On the other hand, if his job description requires him to do that sort of work and he cannot do it they might have grounds to let him go, though a good employer would give him other lighter duties and assign that to someone else. Paying out of pocket to have it done should not be an option.
I think he's lucky to not have been let go with the others, but if he cannot do the work he should look for something else less strenuous.
I don't think he should have paid for it either... I guess, he could have attempted it and if injured it would be worker's comp?
I'm not even sure an employee working alone on ladders 18' on the side of a building power washing on a weekend might not be a violation of some labor law... by alone, no one else on site.
The father of a friend of mine has worked at the same laboratory as the Facility Maintenance Director for 25 years...
The ownership has changed several times and recently again. For 18 years... he enjoyed his job and going to work... his wife and kids said he was married to the job.
At one time maintenance consisted of 3 full time plus specific contractors.
The last changed gutted his department... he is now a Department of one and many of the contracts have been terminated.
His new Boss/Partner in the Lab has made it clear my friends Dad is expected to step up and now do the work that was previously contracted.
Example... He was told to Power Wash the 35,000 square foot building and there was no money to hire anyone... having some back issues... never a single workers comp claim... he paid out of his pocket to have the building power washed.
I told him he is foolish for doing it because it will just be the beginning.
His take is it is not a one man job, he's 59 and can't afford to get laid-up... so he paid $600 out of his 80k salary of his 24/7 job to get it done.
He is an exempt employee because his title is Director.... only now there is no one to direct.
Did he set a bad precedent or should he have told his boss it is not a one man job and leave it at that?
Oh... there is no pension or retirement...
Your post brings up a LOT of legal/labor law questions:
1. What state is he in? Some states have different laws regarding key employees and reasonable accommodations.
2. Are you CERTAIN he is exempt? The title of his position actually has nothing to do with the exempt status. He meets the first test, as his salary is 2 times more than minimum wage per hour. But there are a lot of other tests that could have him in a non-exempt category.
3. Has he expressed any of his concerns? In order to be eligible for the accommodations, etc he has to ASK for them and has no legal protection if he just says "hey, can't do that job"
4. How often does he anticipate there will be issues such as this? I am not saying it is right that he paid out of pocket, but if they power wash once per year and he does not antiicpate any other jobs he has difficulty completing, possibly best to lay low and see what happens...you mention that a lot has changed in the time he has worked there...a lot could change again. A building that size can not survive with one maintenance person. There is bound to come a time when the person assigning tasks has 2 different ones that need to be completed at the same time and whether it is admitted or not, the person will realize the employee is not physically able to be on the 1st and 3rd floors simultaneously.
I don't think he should have paid for it either... I guess, he could have attempted it and if injured it would be worker's comp?
I'm not even sure an employee working alone on ladders 18' on the side of a building power washing on a weekend might not be a violation of some labor law... by alone, no one else on site.
Given the alternatives...
Would it be better to resign or be let go?
I don;t think he is anywhere near this decision, at least not from what you said in the post...
His job went from almost all managerial and contract administration and procurement... to one of many hats including security, janitorial, painting, as well as keeping all the instruments calibrated and critical systems operational...
I don;t think he is anywhere near this decision, at least not from what you said in the post...
I know he was one of the few not offered a buyout in 2006... it was a double edge sword in that the company needed him... on the other hand, it has been a slow downward spiral ever since...
My friend has told me several times that she and her family want Dad to quit... I guess, he's from the old school.
A coat and tie job has become one with over-alls.
Last edited by Ultrarunner; 02-17-2013 at 04:39 PM..
He should take two days off to compensate himself for the expense. (The math works....)
No way would I pay out of pocket for my employers business expense. If they told me to do that and I had a bad back I would tell them I required a temporary worker to complete it.
My guess is the employer is planning to get rid of the guy. They are assigning tasks that he's unable to complete on his own in order to build a case for dismissal.
He should take two days off to compensate himself for the expense. (The math works....)
No way would I pay out of pocket for my employers business expense. If they told me to do that and I had a bad back I would tell them I required a temporary worker to complete it.
My guess is the employer is planning to get rid of the guy. They are assigning tasks that he's unable to complete on his own in order to build a case for dismissal.
That's a thought... but why go to the trouble when they could just eliminate the position?
His job went from almost all managerial and contract administration and procurement... to one of many hats including security, janitorial, painting, as well as keeping all the instruments calibrated and critical systems operational...
CA opens up a WHOLE bunch of labor law stuff, including the new ADA rules I mentioned. FLSA will give a definition of hourly vs. exempt. I would start with that....
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