Loyalty Problem Might Be Solved With a Conversation

Q I own a small computer software house. I have come across a loyalty problem with one of my programmers. He has been secretly making critical remarks about my company to people at another firm, according to an internal source at that company. Should I confront this employee?

D.G., Fullerton

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A A good strategy is to talk with the employee, simply asking him how he is doing, and inquiring about any concerns that he may have about the company or his job.

It may be that his bad-mouthing of your company is the result of some dissatisfaction or problem at work--something that you might help clear up.

In general, it is a good idea to ask employees about their concerns regularly. This can be done through meetings or anonymously through employee surveys. Being proactive and listening to your workers and responding to their concerns is an excellent way to build employee commitment and loyalty.

Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Can’t Be Fired for Using Sick Leave

Q I worked for almost 12 years as a legal secretary/assistant for a senior partner of a law firm. I thought I was a good employee--dependable, loyal, conscientious, rarely sick. I tried to have a good attitude and “leave my personal problems at home.”

The job was extremely fast-paced and hectic, and I called in sick, stating that I was totally stressed out and overwhelmed. I wanted to take advantage of a sick/personal day, having approximately eight days of unused sick/personal time available to me.

My boss was very angry, and we had a heated discussion. He asked if I was quitting, and I asked if he was offering severance. One hour later, the office administrator called to inform me that that I was terminated, that my dental/medical and disability insurance coverages were canceled and that my personal belongings were being boxed up and returned to me. I was also told that the firm does not have a policy regarding severance pay and that no such pay would be granted to me.

Can they do this?

D.W., Hermosa Beach

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A You would think that a law firm, especially, would treat you with more respect and comply with the law. It appears that you have numerous legal claims against your employer.

It is illegal to fire you for using your sick leave. It also may be a violation of their own company policy. If the firm employs more than 50 people, it may have violated federal or state laws giving you the right to return to your job after sick leave of certain types and duration. It might be a violation of the California Labor Code, which prohibits retaliation against an employee for taking leave because of workplace injuries.

If you are over age 40, you might have an age-discrimination claim against your employer. Evaluate whether you were treated differently from younger employees.

You also might have a claim for overtime compensation. Even if you worked on a salary basis, legal secretaries have been found to be nonexempt and subject to overtime rules.

If your employer had more than 20 employees, the firm is subject to federal requirements that your health insurance be continued for a period of time after the end of your employment. Cancellation of your coverage might subject the firm to penalties and liability.

Even if the firm doesn’t have a policy regarding severance pay, if you explain your claims properly, it may quickly reconsider its position.

Don D. Sessions

Employee rights attorney

Mission Viejo

Pay and Company Car Policies

Q I work for a company that requires employees to use company cars when traveling. I am an hourly worker, and the time spent picking up the company car from a central location is not paid. Does this violate the law? Am I covered by insurance or workers’ compensation if an accident occurs?

A.E., Los Angeles

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AYou do not say when you pick up the car from the central location. If you pick it up at the beginning of your workday, the company is not required to pay you for the travel time from your home to the pickup point. If you travel to the pickup point during the workday, your travel time must be compensated.

Regardless of when you pick up the company car, you are covered by workers’ compensation when traveling on business, and your employer is required to maintain insurance on the vehicle.

James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Health Insurance Obligation Q I have been on workers’ compensation disability for most of the last three years, but my company requires me to pay my share of the Blue Cross group medical insurance. Are they allowed to do this?

B.N., Marina del Rey

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A You do not gain additional rights because of your disability status. If active employees are required to pay for their group medical coverage, you can be required to pay the same amount that they pay.

Kirk F. Maldonado

Employee benefits attorney

Riordan & McKinzie

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com