The Big, Bad Boss Man Loses!

[army judge]

This a story about the boss from hell.

This big, bad, boss, man created a contest to fire poor performing employees.

Here's the story.


I've said it before, I gotta say it again.

Most people are their own worst, enemy.

Posted 10/6/11 10:43 a.m.

BETTANDORF, Iowa (WLS) - The owner of an Iowa convenience store chain has been called "the boss from hell" by a former worker who claims he offered prize money to employees who predicted which of their colleagues would be fired next.

A judge deciding an unemployment benefits case involving William Ernst, the owner of a Bettandorf, Iowa-based chain of QC Marts, found his "contest" to be "egregious and deplorable."

According to court records, Ernst issued a memo to workers in March that read, "NEW CONTEST - GUESS THE NEXT CASHIER WHO WILL BE FIRED !!!"

The memo explained the rules of a game in which employees were told to write the name of the next cashier they thought would be fired, along with the date and their own name on a piece of paper. Those who guessed correctly would win a $10 prize.

"And no fair picking Mike Miller from Rockingham," the memo added in boldfaced capital letters. "He was fired at around 11:30 a.m. today for wearing a had [sic] and talking on his cell phone. Good luck!!!!"

Misty Shelsky of Davenport, Iowa, had worked at a QC Mart for two years as a cashier. The 32-year-old mother of three initially thought the memo was a prank. When she found out the contest was not a joke, she, her store manager, and two others quit.

"It made me physically ill to think about writing someone's name down," she said. "These are my friends. And it made me sick to think someone would do that to me. Everyone's head was on the chopping block."

When Shelsky applied for unemployment benefits, Ernst contested the claim, saying she had left voluntarily.

Shelsky said she had little choice.

"That memo created an extremely hostile [environment] for us and it pitted employee against employee," she said.

Court records also include letters from other QC Mart employees who called the contest "bizarre and unprofessional." Another said it "created an atmosphere of distrust, intimidation and paranoia."

In the hearing before a judge, Anna DeFrieze, a supervisor with QC Marts, defended the contest. She said it took aim at employees who had a history of disregarding company policy.

"This fax was meant toward employees, like Misty herself, who refused to follow the rules," DeFrieze said. "If you're breaking the rules you need to stop. They're repeatedly told not to use their phones while working. Bad language is unacceptable. Playing video games, unacceptable. ... None of them was doing their jobs. "

But, the judge ruled in Shelsky's favor, saying she should not be barred from receiving unemployment insurance because, although she quit, she had "good cause attributable to the employer."

In her written decision, Administrative Law Judge Susan D. Ackerman said that Ernst "clearly created a hostile work environment by suggesting employees turn on each other for a minimal monetary prize."

ABC News Radio contributed to this report.


http://www.wlsam.com/Article.asp?id=2303858&spid=

 

[esteele]

Interesting article/post. I hope this report signals a trend in which journalists nationwide report abusive employers – small, medium and large. Such reporting would better educate the public of the extreme misconduct which occurs in a significant number of employers, particularly in a historically down economy.

 

[cbg]

While I applaud the decision, I would like to point out that the term, Hostile Work Environment, has a very specific meaning in employment law. Technically, this was not an HWE, horrific as the boss's behavior might have been.

 

[army judge]

While I applaud the decision, I would like to point out that the term, Hostile Work Environment, has a very specific meaning in employment law. Technically, this was not an HWE, horrific as the boss's behavior might have been.

Justice Scalia recently spoke before the Senate Jusiciary Committee.
His point was that Congress has criminalized too many actions, especially as regards drug crimes. This has necessitated the appointment of many new federal judges. Justice Scalia sees that as harming the quality of federal jurists. His point being "a federal judge ain't what it used to be."

This administrative law judge has just enlarged the scope of what HWE is, at least in Iowa. Which, by the way, has always been substantially liberal in these matters.

 

[cbg]

I'm not sure that an ALJ for the state unemployment commission has the power to change the legal definition for the entire state, let alone nationwide. And I suspect that even if she did, we'd need more than a single case before the new parameters were satisfactorally defined. I strongly suspect that any enlargements of the definition would be limited to unemployment cases.

But since I'm not in Iowa, it probably doesn't matter much what I think.

 

[army judge]

CBG, I graduated from one of Iowa's two law schools.
I know the state.
No, an ALJ won't make law.
But, I can see some crafty, crusty old lawyer (or an eager beaver newbie) using this kind of case to shake things up a bit.

I'm not sure that an ALJ for the state unemployment commission has the power to change the legal definition for the entire state, let alone nationwide. And I suspect that even if she did, we'd need more than a single case before the new parameters were satisfactorally defined. I strongly suspect that any enlargements of the definition would be limited to unemployment cases.

But since I'm not in Iowa, it probably doesn't matter much what I think.

 

[cbg]

Fair enough.