School job means summers off, but no unemployment

An employee who inappropriately expresses anger in the workplace can create an uncomfortable situation for other employees. (Istockphoto.com)

Q. I am an hourly employee at a private school. I work nine months out of the year, but my pay is prorated so that I am paid at equal intervals throughout the year. My questions are: Since I am not a salaried employee, shouldn't I be paid for the hours I work during the school year? More important, if I was paid over the nine months I work, would I be eligible to collect unemployment for the three months of the year that I do not work?

A. School is back in session, and not just for students - hundreds of thousands of educators, administrators, and support staff go back to school in the fall. Many people who work outside of education envy the schedule you have. (Summers off!) Of course, they may not love the 12-month pay cycle you are on. Timely payment of wages is a legal issue, and I turned to Brigitte Duffy, a partner in the Labor and Employment Department at the Boston law firm of Seyfarth Shaw LLP, whose practice focuses on wage and hour law.

Duffy said: "While Massachusetts law governing the timely payment of wages generally requires employers to pay wages earned within six days of the end of the pay period in which the wages were earned, according to the Massachusetts attorney general's office, it is permissible for a school to pay its employees over 12 months rather than the nine or 10 months that they work, as long as the employees are receiving minimum wage or more and the payments are timely (that is, within six days of the end of the pay period)."

You may want to speak to the chief financial officer at your school to see if there are different options for the way you receive your pay. Good employers are always looking for ways to retain employees and keep them more satisfied, and being flexible about pay is one way to do that.

I also consulted with Duffy about your eligibility to collect unemployment. She said: "The statute governing eligibility for unemployment specifically provides that employees of schools and education institutions are not eligible to receive unemployment benefits when they are out of work between academic years or terms, even if they do not receive pay over the break.

"While the rules vary slightly depending on the type of work performed by the individuals, in general, if the employee has a contract of employment or a 'reasonable assurance' of employment that is substantially the same or better in the next term or year, then the employee will not qualify for unemployment benefits. If a person is not hired for the next academic year or term, he or she may qualify for retroactive unemployment benefits."

A. Finding the right people to turn to for help is the beginning of solving a problem like this. Hopefully, you recognize that you can't fight this battle on your own - you need some support. In a small company, you may need to start at the top, but there are often people who can influence situations even if they don't have the title you think they might need. I encourage you to meet with your manager to review the situation, and the results of your documentation. Your manager should discuss the situation with other managers who may have observed this person's behavior, and support each other as they find a solution that will ensure an improved workplace environment.

You say there have been verbal warnings given to the angry employee. The chief executive and human resources manager need to know that, and make sure it is documented. Managers need to question how many warnings are enough to warrant another action - which could be some kind of coaching (i.e. anger management training) if that avenue has not been tried yet. The action might also be separation from the organization. The worst outcome here is inaction. By not doing anything, leadership is sending a message to employees that their concerns are not taken seriously, while the angry employee continues his unacceptable behavior.

You might also consider placing a few copies of this column on all the right desks to get management to see you are looking for a solution to what might be a "hostile work environment." This legal term concerns behavior past the point of an angry employee, but management at your organization should address the situation now before it snowballs into something bigger and more damaging to the company.

Here are some examples of my director's behavior that I can no longer tolerate. When I asked how my predecessor was able to manage staff meetings, my director's response was, "You'll have to figure that out." When I approached the subject of how lean a department we ran and the need to increase staffing, her response was, "That well is dry until the next fiscal year." I had a significant staffing issue due to leaves of absence and staff calling in sick, which left only a part-timer. I knew I would have to go in and called my director at midnight to tell her I had an emergency in the making and her response was: "Why are you telling me? You're on your way in I hope?" The next day she told me that her expectation was that I personally would cover any shift that was short. I was hired to manage the process and though I am not opposed to working alongside my employees, I object to this directive. I manage three shifts and two departments and already work 10-, 11-, and 12-hour days. I am constantly being e-mailed, paged, or called. I will either have a mental or physical breakdown if I don't put the brakes on this situation. I would appreciate your opinion and advice on how to extricate myself from this unpleasant circumstance.

A. It sounds like your manager hasn't developed the skill set needed to support the people on her staff. And she's probably never been told that many managers feel like they work for the people who report to them!

The examples you provide of your issues with your director all seem to stem from faulty communication. What is hard to discern is if all of these incidents occurred as short exchanges, or as part of a complete meeting to discuss what is going well in the call center, the things that need improvement, and how to get the best results from a thoughtful, organized plan, which is agreed upon by both of you.

Both people need to agree on how and when to communicate (your manager was not happy being called at midnight, and you didn't appreciate her sharp retorts to your issues). It would help to set up a formal time to check in with each other and address all of the outstanding issues during the workday. And this shouldn't be a one-time thing, but a consistent weekly or monthly meeting.

If you have any chance of working together, you need to agree on how problems will be solved. Clearly you cannot cover all staff shortages. Ask your director to help you brainstorm solutions. Are temps available? Can you use temps if the director preapproves the budget?

With 21 years experience, I believe you have seen many ways to hold staff meetings. Maybe your director is hoping you will take more initiative. The only way to find out is to be open and honest with her - you need to be direct about what you know you can manage - and ask for the same in return.

To get past these issues without leaving, you'll have to have some very direct communications with your manager, which may be difficult. You may want to consider speaking to the human resources manager at your organization. Sometimes they can help facilitate tricky conversations. This solution could take some pressure off of you and could lead to a better working environment.

Elaine Varelas is managing partner at Keystone Partners, a career management firm in Boston, and serves on the board of Career Partners International.

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