Does My Employee Have a Medical Problem or a Performance Problem?

Dear Evil HR Lady,

I have an employee who drinks a LOT of water - probably well over a gallon a day while she’s at work. This means that every 30 minutes she’s either in the bathroom, or filling her water glass. I’ve

recommended combining these into her break or bringing a jug to keep at her desk, but then she’ll ask if that means I’m not going to allow her to go to the bathroom when she needs to.

Notes:

We’re a health oriented company, so telling an employee they can’t drink as much water as they want kind of goes against our wellness ideals.
This person is struggling to get her work done and has a hard time focusing on her tasks, and I believe that the constant water/bathroom breaks have become an excuse to get away from her desk.
This person is also pregnant, but the water issue has been going on for months before she found out about the baby. It’s just gotten worse, because she’s now three months along and using that as another excuse for her constant bathroom breaks since the day after she took the test. It could be legitimate as I’ve never been pregnant, but the other moms in my department have clearly stated that they didn’t experience the bladder pressure until much later in their pregnancies. Yes, the rest of my team is noticing and commenting. But I’m not a doctor so I can’t diagnose this as a pregnancy-related symptom.
We’re a phone based department, so coverage is an issue.

I’ve been addressing the performance issues with her, but am afraid that if it gets to the point where we let her go, she’ll come back with some type of wild discrimination issue over not being able to go to the bathroom/drink water. I wouldn’t be surprised if she tried a pregnancy discriminahttp://www.blogger.com/img/blank.giftion suit, though I have had other pregnant women in the department in the past where we were able to work out very successful plans to accommodate them reasonably - but they were still performing at a high level. I don’t want to go to our HR department without a good idea of what to do as they tend to be ineffective.

I have asked if there is a medical reason why she needs so much water. She says no, that she just likes water.

What would you advise? Am I missing something here? I’m stumped!


To read the answer click here: Does My Employee Have a Medical Problem or a Performance Problem?

Why Your Annual Review is Unfair

Dear Evil HR Lady

It’s employee evaluation time again, and I am feeling very frustrated. For the past two years my boss has given me the highest possible evaluation. He has said I am the best employee he’s had for 15 years and he can’t think of any suggestions for improvement. But then he has given me 2s and 3s as ratings (1 is the highest and 5 is the lowest). When I asked him about it, he said that he was told to do so (he actually had to lower the initial ratings he gave me) because if he gave me all 1s then he’d have to give me a raise, and he has been told he can’t give raises. This is company policy that I don’t think he can do anything about, but it’s extremely disheartening. Do I just shrug my shoulders and go along with this unfair system? How common is this?

To read my answer click here: Why Your Annual Review is Unfair

When Your Company is Breaking the Law

Dear Evil HR Lady,

Currently I’m quite frustrated with how my boss is handling payroll. Understand, this is a small business consisting of only eight other employees and the issue may be victim to this fact. The pay schedule is set on the first and fifteenth, however, the total hours paid are determined by the previous time period. To explain further:

For the paycheck on July 1, 2011 I will be paid the hours worked from June 1,2011 through June 15, 2011.

Hours worked June 1 - June 15, paid July 1
Hours worked June 15 - June 30, paid July 15

California labor law clearly states that first and fifteenth pay schedules are to be paid no later than the 26th of the month for hours worked through the 1st and 15th and hours to be paid no later than the 11th of the following month for hours worked from the 16th to the following period.

This had not been discussed at any time during the hiring process and nowhere in my training. I’m typically an understanding person when it comes to issues of these sorts but having just gotten back to work after being laid off in January, I am in need of these hours to be paid in order for me to start paying off my past due bills. I’m looking for advice on how to approach this issue with my boss.

To read my answer, click here: When Your Company is Breaking the Law

What Should I Wear to a Job Interview

You've through all the hoops and now it's time for the face to face interview. What on earth do you wear?

What Should I Wear to a Job Interview

What Perk Would Keep You At Your Job?

Employee perks are coming back. Is that enough to keep you at a job? What perks would make you stay, even if you could get more money somewhere else?

What Perk Would Keep You At Your Job?

And The Winners Are

The winners of the stupidest title are:

Michelle with her "Decision Support Professional."

TheAssistant with "Outreach and Communications Guru." Any title with "Guru" in it, is a bad one.

And Anonymous with the "Large and Complex Team Leader."

It was really, really, hard to choose and I thank you all. I wanted to include the Dam Supervisor from Tales of a Young Recruiter, but it actually is a very good title. Now I want to go work for a HydroElectric plant so I can be Dam HR Manager.

Michelle, The Assistant and Anonymous (the large and complex one), send your addresses to EvilHRLady@gmail.com and I will send you your official Swiss Chocolate!

Thanks to everyone who participated. I love you all.

Is My Boss Racist, or Just Being a Good Manager?

Dear Evil HR Lady,

I work for a state supported college. I have worked there for 23 years. I have been passed up for promotion to the top IT job at the school 3 times in the last 9 years. Each time the top job comes available, the President elects NOT to advertise the position internally or externally and just appoints who he wants to have the job.

Each time, the position is filled with one of his cronies or someone with little to no experience or formal education or training in the IT field. I am an African America male with 30 years of experience in IT. My position is 3rd from the top IT position. I often feel that I am not afforded an equal opportunity to compete for the top job because of this hiring practice.

Also, I calculated that I have missed out on approximately $150,000 of income had I gotten the job 10 years ago. Is this discrimination? Also, is this a charge that the EEOC will consider?

Is My Boss Racist, or Just Being a Good Manager?

Why You Are Not Overqualified

In the past few weeks I’ve gotten a lot of emails from people who claim to be “overqualified.” To quote that philosophical genius, Inigo Montoya, “You keep using that word. I do not think it means what you think it means.”

Why You Are Not Overqualified

The Party Fund Problem–Collecting Money in the Workplace

Dear Evil HR Lady,

I often find myself in scenarios where my co-workers ask the team to contribute money for a common cause. It might be the birthday cake fund (”The team has hired 5 new people and we need to buy a bigger cake, so we need an extra five dollars.”) When a co-worker gets married, the team wants to purchase them a gift card. And the like.

Now, I often don’t mind contributing to these kinds of things - five bucks here, ten dollars here, and it’s all good. But I hate the emails I get asking for money. I don’t like that someone keeps a mental spreadsheet of who contributes and who doesn’t. And harder still is when I am tasked with passing around the hat - is there even a tactful non-obligatory anonymous way to collect money without making people feel pressure?

I suggested that, in one instance, I would just purchase the gift card on behalf of the team. But no, they clamored, the gift is from *all of us*, not from *you*, which means I might not collect enough for a meaningful gift and forces me to beg for money from everyone else.

How might I suggest that our team proceed for the next money-collection? Should I just purchase the gift (which I am willing to do on my own means) and pretend like everybody contributed equally?

These initiatives are not coming from management, so there is no foul play there. How should workplace community pots of money be handled?

The Party Fund Problem–Collecting Money in the Workplace

Why the Walmart Ruling is Good For Everyone

The Supreme Court gave the victory to Walmart today. The reason Walmart prevailed had a lot to do with their policies--or lack thereof. This is good news for all of us.

Why the Walmart Ruling is Good For Everyone

What If You Knew Everyone's Salary?

In our culture, it's not polite to discuss salaries. But what would happen if salary information was publicly available?

What If You Knew Everyone's Salary?

Does Your Title Matter? Plus Free Chocolate!

What is your most ridiculous title? Or, what title have you had that absolutely did not reflect your actual work?

I've written a whole article on Does Your Title Matter, but I really, really, really want to know what lousy titles you've had.

In fact, I'll bribe you with chocolate. I have 3, 100 Gram Swiss Chocolate bars. I will send them to the three best submissions. I will send them anywhere the Swiss postal service allows me to send them, although I make no guarantees that they won't be melted. Melted Swiss chocolate still tastes good.

Contest ends on Friday, June 24. And, by making your comment, you are also agreeing that I can use your comment in a future article.

Can Your Boss Micro-Manage You To Death?

Dear Evil HR Lady,

I am a sales manager and my area happens to be booming lately, requiring extensive travel; planes, trains, and automobiles. I am exempt of course. I make my own schedules and go when needed and stay as long as is necessary to get the job done. I am away from home often and normally at least 2 to 3 nights at a time. I all of a sudden have not much of a life at home.

My boss will not let me take any time off unless I use vacation. He won’t let me leave an hour early if I need to go somewhere. If I get in at 9:00 p.m. from a 3 day trip, I am expected to be in the office the next day. I think we are treated like hourly employees, but expected to put in as many hours to do our jobs as necessary. Shouldn’t it go both ways? I have been a salaried employee for 25 years and have never had such rigid requirements and have to ask everything little thing. In addition our boss make judgement calls. It’s totally up to his mood and if he thinks it is “important”. I puts us in a position of never knowing what end is up and being treated like children when we have high levels of responsibility.

What are the rules on all this? Are you really at the whim of a jerk boss?

Can Your Boss Micro-Manage You To Death?

9 Signs Your HR Manager is Terrible

HR departments are often maligned as glorified paper pushers, but a good human resource manager is an invaluable resource, advising you on your people, management techniques, hiring and developing programs that will help you succeed.

What--you say your HR manager isn't doing that? Then it may be the time to show him, or her, the door.

Here are 9 red flags that your HR manager is doing a terrible job. Ignore them at your own risk.

First up: He Never Says, "We Need to Ask the Lawyers."

Bayer Sexual Discrimination: Stop the Mommy Wars

Why can women not call a truce on the mommy wars? We all make choices, and we need to learn to accept the consequences of those choices.

Bayer Sexual Discrimination: Stop the Mommy Wars

Should You Apply Online or In Person?

Dear Evil HR Lady,

Would it be beneficial to go personally and hand in my resume to nearby companies rather than submit it online?

Should You Apply Online or In Person?

Get Hired (Not Fired) With Your Blog

Want a way to reach out to potential hiring managers that demonstrates how awesome you are? How about blogging?

Get Hired (Not Fired) With Your Blog

Should You Get Naked With Your Boss

Dear Evil HR Lady,

I’m an American and male and am currently filling a 2 year expat assignment in Europe. It turns out that the high level male employees frequent the sauna in the company gym. Naked. I’ve been told that if I really want my ideas to be heard, the best way to do this is to join the executive team in the sauna. I’ve also been told that it would be very offensive if I was not naked.

My American sensibilities make me cringe, but should I join them?

Should You Get Naked With Your Boss

How to Write a Resume that Gets the Interview

Remember way back when, when I solicited resumes for review? Well, I finally have it reviewed and up! (The reason for the delay was BNET had never done something like this before and it took some new technical skills. The programmer did a great job!)

The best comments on the resume come from Alison Green at Ask a Manager, so hope over to BNET and take a look.

How to Write a Resume that Gets the Interview

Should You Dispute a Performance Appraisal

Dear Evil HR Lady,

I recently received my first performance review at my retail job, and while I was excited to see what feedback my supervisor had for me, I quickly realized the review was completely phoned in. The supervisor marked me average in every category, and at one point referred to me as Henry. My name is Jason. When I pointed this out, my supervisor admitted to being rushed and copying/pasting a lot of identical information from other evaluations. This justified the store manager in giving me a minimal raise.

I know I don’t deserve straight average marks. I’m better than average in a lot of categories and worse in a few (pushing credit cards and warranties is my weak spot). How should I go about disputing this evaluation without coming across as completely full of myself?

Should You Dispute a Performance Appraisal