Discrimination?

Ruby Tuesday

We are a road construction company employing 150 people. Our work is seasonal and the majority of our employees work away from home all week returning on the weekends. The end of the season all but the crew mechanics are layed off for the winter. The crew mechanic is expected to return to the shop during the off-season.

Due to some difficulties in finding qualified mechanics we made an exception on one crew. We hired an individual as a "seasonal mechanic" meaning this person does not work in the shop during the off-season. We were able to make this exception because we had enough help in the shop.

Today I received a call from a current year-round mechanic informing me that he is moving and wouldn't be able to come into the shop during the off-season (as he was hired to do). Of course he requested the chance to be a "seasonal mechanic". At first glance I don't think we can accomodate him because we need his help during the off season.

My question is did we set a precedent by hiring a seasonal mechanic? Are we in danger of discrimination if we say no to this mechanic's request?

Don D

I think the company did what it did for a good business reason, because you already had the number you needed. This sets no precedent as far as needing to follow the practice. Nor should you feel any obligation to accept the mechanic's request. I would simply tell him, "No, we're not going to do that in your case because we need you on a year round basis, not seasonal. And we may have done otherwise in the past with other positions, and may yet in the future, but that is because doing that met or will meet the business needs of the company. Your request would not do that". You clearly based both decisions on positions and company needs, not individuals, thus there is no discrimination, except perhaps in his perception. Have your position and your facts well documented so that you can clearly show your reasoning to the EEOC or other investigative entity should a charge be filed. x:-)

ray a

Or, to play devil's advocate with Don, offer the recently hired seasonal mechanic a full-time year round job and if he accepts, then and only then, allow this other mechanic to go part-time (seasonal).

Either way, you are not being discriminatory. You have X amount of work requiring Y amount of manhours to do it. When someone is hired, they commit to the ground rules at that time. If they can no longer live up to that commitment putting you in a position where the work cannot be completed, they can either resign, or you terminate allowing you to hire a replacement.

Pork

Ruby Tuesday: Is there a good business reason why you made the change in hiring a seasonal mechanic? Look then at this first seasonal mechanic, did you allow this accomodation based on business functions and did it work out for the company that the change in hiring practices was a good business decision? Now, look at the individual was his person/personality/performance/team player/attitude a major part in your companies' decision to accomodate his personal need with a good business decision? If personality/the person is a major part of the change, "you took care of a good ole boy for some reason", then you may be walking on "thin ice" or "slippery pig poop", if you do not accomodate the next mechanic. Is either in a protected class under Title VII?
If no, then go on about doing your business for the sake of the business, and say no to the 2nd mechanic because you do not need a 2nd seasonal mechanic!

PORK!!!PORK!!!AND MORE PORK!!!

PORK

Margaret Morford

I agree with Don D (Snow balls you know where!). I would not offer him the opportunity to become seasonal. Why should he collect UI when you have work for him? I'd make it clear that if he doesn't want to come into the shop, you will mark him as resigned. If he wants to re-apply when you have an opening during the busy season, fine. His accruals start all over again if he is re-hired.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Ruby Tuesday

Thanks as always everyone for your sound advice.