Passive Aggression??? | FerrariChat

Passive Aggression???

Discussion in 'Other Off Topic Forum' started by venusone, May 31, 2013.

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  1. venusone

    venusone F1 Rookie

    Mar 20, 2004
    3,238
    What do you do about an employee that constantly exceeds his weekly hours falling into overtime pay? He fully understands this is a serious offence but thinks he can get away w/ it & has. Counseling has done no good by my director explaining this cannot continue. Is this passive aggression? It has now fallen on me to take charge. What approach can I take to make a difference other than a direct threat to fire him? I hope to explain to him in a successful manner and get through as he is a valued employee. Last resort is to say if it comes down to me or him surviving in this organization due to this I will win. Should HR have counseling for us? All opinions appreciated. Thanks.
     
  2. jsa330

    jsa330 F1 World Champ
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    Simple - suggest letting him work overtime if he wants but not paying him for it. But this approach might fall beyond the bounds of organization groupthink - prepare to be disappointed.
     
  3. venusone

    venusone F1 Rookie

    Mar 20, 2004
    3,238
    Can't as he punches clock. His position cannot be salaried in our organization. Also it is illegal for him to be working on campus while not clocked in.
     
  4. GrigioGuy

    GrigioGuy Splenda Daddy
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    Send him home at 8 hours per day, regardless of what is finished. Make sure that unfinished work is reflected on reviews/improvement plans with HR.

    Alternatively -- don't threaten to fire, simply do it. You *have* been keeping paperwork, right?
     
  5. jsa330

    jsa330 F1 World Champ
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    Got it. Pretty much a black/white situation.
     
  6. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Dec 10, 2003
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    Choices.

    Make him work the eight, then make him go home. Let him continue his bad behavior, or. . .

    Run an ad for a replacement, hire a replacement, and fire his ass.

    It's not passive aggressive, it's aggressive aggressive. He's flaunting the rules, and getting paid OVERTIME to do it.

    It's way over time to fire him.

    D
     
  7. Smiles

    Smiles F1 World Champ
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    I agree.

    You're already proving to him (and others) that he can get away with it.
     
  8. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Alternatively, since he punches a clock, check his time card daily.

    IF he runs over his 8 hours on Monday, send him home early Tuesday, or tell him to come in late Wednesday. (remember, OT is based on the work week, not individual days worked.)

    Interestingly, even unauthorized overtime has to be paid, but it's also willful misconduct, which makes him vulnerable to disciplinary action/dismissal.

    I'd suggest a written warning or two for his file, then toss his ass out.

    D
     
  9. ylshih

    ylshih Shogun Assassin
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    Mar 21, 2004
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    Assuming OT kicks in at 40 hours in a week, if his average OT is 5 hours, cut his scheduled weekly hours to 7 hours a day or 35 hours in a week.

    Alternatively, check his clock-in time every day, then add 8 hours, set your smartphone alarm, then walk him to the clock-out when the alarm goes off. Do this for a week, then warn him failure to monitor his own hours will be grounds for termination.

    Clear all ideas with HR, document everything, prepare to fire him by the book.
     
  10. Ducman491

    Ducman491 Formula 3

    Apr 9, 2004
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    Cut him off at 8 a day. If you let him work over Monday to Thursday he is going to get a short Friday and get a long weekend. Write him up the first time he doesn't punch out when he's told and follow progressive discipline. He really needs to be fired but you can't tell him it's him before its you or you will have a wrongful termination suit on your hands.
     
  11. Renato

    Renato Formula Junior

    Apr 14, 2013
    553
    New York
    If you can make his position "exempt" he will receive a fixed pay rate and will not be eligible for overtime pay.

    Another option is written warnings which will lead to termination if they continually receive them and do not comply.
     
  12. bobzdar

    bobzdar F1 Veteran

    Sep 22, 2008
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    Have you asked him why he's doing it? Not happy with pay, doesn't like leaving work undone, something else? If you don't get a satisfactory answer that's addressable, I'd find somebody else and let him go.
     

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