By Lynne Curry
Question:
I’m a small business owner and trust my employees. The majority are great. In the past two years, I’ve actively sought ways to reward them for hard work and keep them motivated. When our amazing summer began in May, I shortened our work week to four days for as long as summer lasted, giving every employee a guilt-free Friday off.
I manage based on an honor system, and don’t tightly monitor employees as long as they get their work done. Our team thrives and appreciates the flexibility they’re given, except for “Jacob” who’s my lowest performer and yet claims he works regular overtime for which he’s “not compensated.” Since he has a high salary and is in a professional position, I’ve felt forced to remind him that exempt employees often work over 40 hours in exchange for higher wages than hourly employees and the ability to take off an occasional hour or two during the work week for a doctor’s appointment or other personal issue.
Because of out-of-town guests, I used a day of paid leave last Wednesday and drove to up to our lakes area. We walked along the beach and through a campground. Imagine my surprise when Jacob’s dog ran up to us to play with my lab. I asked a woman at nearby RV, “Do you know this dog?” and she said, “Oh, that’s Jacob’s dog, ‘Jolly’.” She then told me her dog played daily with Jolly and pointed out Jacob’s RV. I went there and knocked on the door, surprising Jacob. He tried to cover what he’d been doing, saying he’d just driven up a few hours ago, but it was clear by looking at his campsite that he’d been there more than a few hours.
Do you see any problem with my firing him? He’s worked for me for three years and I now suspect he’s regularly shorted me on work hours. It burns me he’s complained he’s worked “overtime hours” without compensation. Also, he threatened me during our conversation that he could sue me for unpaid overtime. Do I need to change how I manage and monitor more tightly?
Answer:
Your question is timely. A recent Harris Poll revealed 48 percent of U.S. employees admitted to undisclosed vacationing on the past July 4 weekends.
“Quiet vacationing,” or employees hiding vacation excursions from employers has surged since the pandemic, with four out of every ten Millennial employees admitting in an April 2024 survey they take time off from work without telling their managers, . The survey revealed 38 percent of the 500 Millennial employees surveyed moved their mouse to give the impression they were working. The survey of 1170 employees reported that 37 percent of the Millennial employees and 31 percent of all employees scheduled a message to send after work hours to make it appear they were working overtime.
Some commentators report quiet vacationing results when employees lack paid time off, fear managers will “mark them down” for using their full allotment of paid time off. While employees without vacation benefits and those working for rigid employers may feel a need to sneak vacation time, Jacob lacks those excuses.
Given Jacob’s threat, you’ll want to run this situation by an attorney who evaluates whether Jacob’s position is truly exempt or hourly. You’re not the first employer to have an employee who regularly works less than 40 hours weekly sue for unpaid overtime. Also, ask your attorney whether Jacob can claim “wiggle room” under the flexible guidelines you give your other employees. I also hope you recorded the name and contact information for the woman who said her dog plays with Jacob’s dog daily, so you can prevail in any claim Jacob potentially makes that you’ve unfairly fired him.
Finally, I hope the attorney says you can fire Jacob before his problem ethics leads you to tighten the flexibility you provide other employees.
Lynne Curry, PhD, SPHR, founded https://workplacecoachblog.com/ask-a-coach/ (articles on leadership, HR and professional development) and lynnecurryauthor.com (novels, short stories and a “writing from the cabin” blog). She authored six books including “Navigating Conflict”; “Managing for Accountability; “Beating the Workplace Bully” and “Solutions 911/411.” Curry has qualified in Court as an expert witness in Management Best Practices, HR, and Workplace issues. © 2024