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Nepotism and poor raises

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Dave T.

Junior Member
I work for a software company on a small team in which our team lead and co-worker have developed a relationship and marriage over the years. The team lead is the female.
Over the last 2-3 years I have suspected a lack of respect for me from them and also suspected that many issues requiring a stern talk to me by our manager were influenced by the team lead's actions. (I will call her Cindy).
I have also suspected that in 2013, a certain documentation requirement in which we are t submit a fixed number of articles was manipulated so-as to not make here husband stand-out as the lowest contributor on the team. I failed to meet the minimum that year, butI did turn-in more articles than my co-worker. My number of articles for the year was stripped-down to equal that of the co-workers.
Why? I can only speculate that Cindy did not want her husband to stand-out as the lowest contributor. Not only would this have him be singled-out more easily if the company were to lay-off again, but also this would bring me down a rung to face elimination more easily in this event. I am sure that my associate's record shows far less "complaints" and "team contribution issues" and far better documentation quality than mine as I also suspect that Cindy practically writes his documentation for him.
Sadly, I no leg to stand on with the above claims as I have no proof, but I did see the numbers adjusted after the due dates.

For the year 2014 I witnessed (and have screen-shot evidence) that my associate did NOT meet the required number of articles for the year, having only turned-in-in 37 of 40 articles by the June 25th due date.
However, checking the same list 4 weeks later, he miraculously made the minimum. I spoke to my manager about this. He said he would look into it but suspected that he did get an extension due to his vacation at the time of this date (should one get an extension when the due date is known far in advance?)
even with an extension,this should not take over two weeks as he only missed 3-5 days. I believe it was after two weeks that the numbers were fudged in his favor by Cindy.

This is clear manipulation by a team lead of performance results effecting yearly raises. Additionally, this is a clear violation of company policy.
I am not aware if any agreement exists between these people and our CEO, as required per the statement below. I can only expect that there is such an agreement: (not that I believe one exists)
" HIRING OF RELATIVES
The employment of relatives in the same area of an organization may cause conflicts of interest and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal issues from outside the work environment can be carried into day-to-day working relationships.

Relatives of persons currently employed by " " may not be hired if the current employee will be working directly for or supervising the relative, or the current employee will be working directly above the relative's immediate superior, or directly for the relative's immediate subordinate, unless otherwise approved by the Chief Executive Officer. Employees cannot be transferred into such a reporting relationship, except with the written approval of the Chief Executive Officer.

If the relative relationship is established after employment, the individuals concerned will determine who is to be transferred. If that decision is not made within 15 calendar days, management will decide.

In other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment.

For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage."


I also have strong reason to believe that Cindy has been feeding the manager personal information about me that make me stand-out to him as a sort of "Loose-Canon" with an ill temper. Over the years my evaluations have always shown that I meet my basic goals and have great customer surveys. However, these also feel like yearly character assassinations with talk about how to "improve my attitude" and "employee reports of negative outbursts" listed on the evaluations as if these 'employee reports' were standard practice. However, in all of my time here I have NEVER been asked for comment or opinion about my fellow employees. I feel that this is another key area that Cindy can use to negatively effect my raises and therefore create more room for raises elsewhere on the team (such as her husband?). Additionally, over the years My manager has 'somehow" heard leaked information about my Facebook activity. He and I did have one blow-up over this for which I believe we have made up for, but even then On Facebook i never mention where I work and if I mention work at all I am careful to not be derogatory in any way, My manager manages to know about this even though he and others are blocked from viewing my activity. (including Cindy)
I can only speculate that based on observation, it is safe to guess this is again Cindy.

Another matter supporting bias against me is the fact that whenever I have taken time off and assigned my cases to My Associate, I can expect that when i return the manager will have a detailed report complaining of issues within my case activity. While at face value I feel that this is within his rights as manager, the very fact that whenever I watch a team member's cases in their absence He does not look for this information at all. This information must be pushed to him by either Cindy.
IMHO, If the act of reporting assigned case activity is required for me, it should be required for all.

In light of all of this, what can I do? This information can easily get people fired.
I do not want to ruin people, get people fired or be known as a snitch.
I did bring up the 2014 violation with my manager, who did state he would look into the issue, but I suspect he will brush this under the rug in an effort to save his own butt. However, I do feel a need to bring this full story to him and at the very least demand that my pay is adjusted to equal or exceed that of my co-workers.
Could this still get me fired?
 


cbg

I'm a Northern Girl
Nothing you have mentioned violates any laws. Raises (unrelated to a change in minimum wage), nepotism (in private employment) violations of company policy, and even manipulation of team results are all internal company issues and not addressed directly by law. A demand for a raise under the circumstances you describe can get you fired, and the firing will be legal.

If you had to guess, why do you believe that Cindy is treating you this way? (You as opposed to someone else)

I am going somewhere specific with this - no prompting from the peanut gallery, please.
 

eerelations

Senior Member
The fact that this relationship has been allowed to continue means that the organization has approved it. There may or may not be written approval from the CEO, however, given that companies are not legally required to follow their own policies to the letter, the fact that the relationship has been implicitly approved is within the law.

Nepotism is not illegal and neither is conflict of interest.

In addition, the only time the law cares about wage increases is when the minimum wage goes up. In that situation, all wages that are suddenly below the new minimum wage rate must be increased to the new minimum wage rate.

You have no legal recourse. While I'm sure this isn't what you wanted to hear, it is how the law works.
 

Dave T.

Junior Member
Thanks, guys

I'm not looking for legal retribution. Perhaps I am looking for the best way to get the salary that I deserve.
I understand that no Legal laws were broken, but laws concerning our own corporate code ethics policy have been broken and I can prove it if necessary. Our own policy states that we we can be fired for NOT reporting such violations (not that I believe that by any measure).
I will discuss this with my manager again as our review period progresses, being very careful with my words, of course and not making any threats. I really do feel that he should understand how I (and other team members) have been cheated with un-due raises for this person.
 

eerelations

Senior Member
There is no such thing as non-legal laws. There is the law, and there is corporate policy - two completely separate concepts. Companies legally required to comply with the law; companies are not legally required to comply with their corporate policies.

Do be careful how you broach this with your manager. If he doesn't like what he's hearing, he may legally fire you.
 

cbg

I'm a Northern Girl
This is an internal matter entirely. You know the players, we don't. The law does not require that you receive anything beyond minimum wage plus overtime when worked (if non-exempt) or $455 per week (if exempt). The ONLY circumstance under which a raise of any amount is required by law is if minimum wage is raised by the appropriate legislative body and your wage is below the new minimum. With that exception, the law does not require that you ever get a raise of any amount. So the law is not going to help you here.

Since we don't know the personnel involved, we can't guess what would be the "best" approach for you to take.
 
Be careful. You might feel confident pursuing this in various ways thinking that you're protected because firing you wouldn't be "fair". You'd be surprised what you can, legally, be fired for.
 

Dave T.

Junior Member
Thank you two for your brutal honesty and fast responses. ;-)


I guess I'll just have to keep this in my pocket until such a time when it might be needed.
 

commentator

Senior Member
And I would strongly, suggest that you simply start looking for another job, while you are still employed, or shall we say "embroiled" here. Because you have developed tunnel vision about what is going on, are so totally concentrated on the ins and outs of he said/she said politics on this job that you have lost perspective about the big picture, which is that in a private company, in an "at will" state, they could walk in any day and say, "You're fired, we don't like you!" and it would be perfectly legal. You might be approved for unemployment benefits while you did so, but you'd be looking for another job.

You seem very confident that you are collecting evidence for the big coup that you're going to stage when you walk in, take over and tell everyone what needs to be done, according to the company handbook, and you'll be justified, and proven right, and given the raises you deserve, etc. When in reality you have very little control of this situation, there is no outside bureau of fairness that is going to be the least bit interested, and you are far far out of line when you begin collecting evidence about another employee's performance. If this supervisor wants to give kudos to her husband and the company allows it, then you are raising complaints and aggravating her higher ups in the company about something they may already be quite aware of. And if you continue to do this, you may very well be terminated, just because you were disruptive and they didn't want to hear about it.
 
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eerelations

Senior Member
I guess I'll just have to keep this in my pocket until such a time when it might be needed.
Keep what in your pocket? The fact that your employer is not breaking any laws? And when this fact is "needed" you're going to...what? Throw this fact at your employer? What will you achieve by this?

Seems a pretty odd plan to me...

(And regarding "brutal honesty" what's so brutal about providing you with accurate legal information?)
 

Dave T.

Junior Member
eerelations:
My comment about "brutal honesty" was meant as a compliment for which I am grateful.




Let's just boil this down to my two core facts, at risk of sounding like the self-centered SOB that the previous responses seem to be painting me as:

1. I pointed-out a verifiable fact of cheating that our manager can confirm on his own.
2. The employee handbook clearly has a section forbidding such an arrangement.
Regarding issue number 1, I suppose I can only hope that out manager has a sense of justice and keep quiet from this point on...not thatI should expect any justice at all.
Issue number 2, It may well be correct that this "violation" is getting implied consent and not being enforced. However, it was a guarded secret when they actually did get married. Internally, she still uses her maiden name. leading me to wonder if this arrangement has been approved at all - But I am guessing that being able to confirm this is none of my business.

It's not that I'm looking to 'Blow the lid off of this case' and point them out as frauds and expect clear vindication and retribution (although some retribution would be great!), but a violation was made that effects how a manager makes his decisions on raises that could un-fairly effect firing decisions in layoff situations.
Its a shame that we live in such a state that I can risk termination for pointing-out what amounts to theft (IMHO) and these folks have more rights than I do. We indirectly get threatened with termination for far less serious matters on a regular basis.

For all your commentary, I am grateful for your efforts you have made toward me.
 

eerelations

Senior Member
I'm surprised that you still think some/all of this stuff is illegal. It's not. And not only is it not illegal, it's fairly typical employer behaviour...because it's not illegal.

If you don't like this, your issue is not with your employer but with the law (or rather lack thereof). Your only recourse is to have the law changed, and for that you must address your issues to your congressperson.
 

Dave T.

Junior Member
I'm surprised that you still think some/all of this stuff is illegal. It's not. And not only is it not illegal, it's fairly typical employer behaviour...because it's not illegal.

If you don't like this, your issue is not with your employer but with the law (or rather lack thereof). Your only recourse is to have the law changed, and for that you must address your issues to your congressperson.

I never meant to imply that I believed this to be illegal, but in violation of my company's own policies.
Neither of which I cannot change.
One of you wisely said I should consider moving on. I am trying to do so, but that's not a easy road these days.
 

cbg

I'm a Northern Girl
In no state in the US is violation of the company's policies a legal issue. In all states it is entirely the company's option whether to enforce their policies or not.
 

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