Friday, May 8, 2009

Does Honesty Pay?

I worked for a trucking company for almost 4 years. I was the accountant and office administrator that entire time. I was responsible for all the financial duties plus a myriad of other things essential to running an office and a company. In those almost 4 years, I did the job to the best of my ability and within the letter of the law. My accounting teacher told me if I were to embezzle, I should make it worth my while, because I could never live or work in this country again. I took that to heart. I don't steal. The first dispatcher/general manager the company had was an angry and bitter man who ran his own company out of the office of the company that paid his salary. He started out giving his own company 20% of his day, and it wound up that he spent 90% of his day running his own company and having the other company pay him for it. He was verbally abusive to all staff. He got fired. The next dispatcher/general manager was a woman. She's 40ish, shows lots of cleavage and flirts like crazy. She's amazing at dispatch and public relations, but has neither the background nor training to be a good or effective manager. She knows nothing about finances, business law or human resources, yet she's been entrusted with all of that. This company pays all of its employees very well with the exception of one person. This person is in a wheelchair and gives the manager back her life. He is the "part time" dispatcher. The manager comes in most days between 9 a.m. and 4 p.m. because she has never arranged proper child care for her school-age child. The actual dispatching begins on an average at 5 a.m. and can go later than 1 a.m. The "part timer" has these hours with the exception of between 9 a.m. and 4 p.m., meaning he puts in more hours dispatching than the manager does. There have been numerous nights where he has managed 3 hours of sleep between calls. He and she also have alternating weekends, although somehow she manages to see to it that he has all the long weekends. Because this man used to be on disability, when she offered him a pittance for doing this work, he accepted because this pittance was more than he was getting on disability. This pittance is far below minimum wage. I'd been trying to tell the manager that his earnings were too low for a long time, but was always brushed off and dismissed with that this was all he was going to get. Period. Finally, early this year, I sat down and figured out his hourly earnings based on a conservative estimate of hours and straight time only. Based on that, last year this man earned more than $2 per hour less than minimum wage and this year it is more than $1 (he got a small raise towards the end of the year last year). After my calculations, I went to the manager and spelled it out for her. The way we were paying this man was far below minimum wage (she didn't even know the minimum wage rate) and I told her that if we would ever get audited, we would be in serious trouble and owe this man a lot of back pay. I thought I'd made my case that we were NOT within the law, so I started trying to back pay this man for this year. I went on holidays at the end of April only to have the manager begin texting me about this man's pay (she took the opportunity in my absence to go through the payroll information) and why I was paying him more than he agreed to be paid. Texting is really not a good avenue to have a real conversation, but I tried to point out to her that I was under the impression it was ok to pay him minimum wage. Her response? "No" She texted that his rate of pay was set at $X bi-weekly period. Then she began questioning my honesty as to how I pay myself as though I was stealing from the company. She asked me how she was going to get back the extra this man was paid. I told her to take it out of my earnings and to reduce my rate of pay by $2 per hour until all was repaid. She countered that this man had been offered and accepted $Y and because I asked she agreed to $X. She seems to think that offer and acceptance ALWAYS make a legal and binding contract. If she had any background in business law she would know that the terms of the contract have to be legal in order for the contract itself to be legal. I contacted the Labor Board anonymously and explained the situation. I told them I believed this man was entitled to minimum wage for all regular hours worked and applicable overtime for overtime hours worked (he averages 130 hours bi-weekly.) She believes his agreed-to "salary" is legal and binding. I asked them who was right. Their answer was:

Thank you for your email regarding minimum wage and overtime. The
answer is that the employee in your scenario would have to be paid
minimum wage for all hours worked, and the applicable overtime wage when
overtime is being worked, an agreement that is below the standard set by
the Employment Standards Code will not be upheld.

There was no more correspondence at all from the manager until three days later when I received an email that consisted of an attachment, which was a letter of termination. It cited vague reasons of insubordination, failure to follow specific instructions and misuse of corporate funds. I'd been accused of gross disobedience and theft! I immediately photographed all the texts between her and me and sent them along with her letter to the Labor Board with a letter of explanation. Yesterday, almost a week later, I heard from the Labor Board that they will be investigating my complaint. As God is my witness and is the one and only that I answer to, I am not guilty of any crime against this company. I have done absolutely nothing wrong outside of trying to obey the law and pay this man close to what he has earned. I know in my heart that I will be vindicated, that my name will be cleared and that this woman and the shareholder who is besotted with her will have to answer for what they have done to me and to my reputation. I do not believe in earthly justice, but I believe in God justice, and since I serve God, he will vindicate me. With God, all things are possible and he upholds truth always.