Company’s Oral Promises Could Be Difficult to Prove : Q

Q In 1988 I was recruited by a start-up company. The president offered real estate and moving expenses, as well as stock options, as part of the package to relocate me from the Bay Area. But she refused to put most of the offer in writing, citing a trust factor. During my employment, I was persuaded to defer the expenses because the company was not doing as well as planned.

My job was eliminated in May 1991. When I asked for the deferred bonus and expenses during my exit interview, I was told that I could sue the company, but that if prospective employers called for references, they would be advised that I had filed a lawsuit against my former employer. It took almost two years to secure a comparable position.

I have since written several times to the founder of the company, with copies to board members and financial backers, but with no tangible results. Do I have a legal recourse against the company?

--J.N.B., Orange

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A Promises do not necessarily need to be in writing to be enforceable, although it may be difficult to prove that your company made the oral promises to you.

Ultimately they persuaded you to defer the expenses until 1991. At that time, you may have had a claim against them for breach of contract or possibly even fraud. Misrepresentations made to an employee to induce a change of residence can result in a criminal penalty and also double damages.

The money should have been paid to you at the time of your termination. When compensation is not appropriately paid on the date of termination, an employee’s wages may continue for an additional 30 days as a penalty. Also, a wrongful-termination claim may arise if an employee can show that a job is eliminated in part to avoid the payment of such wages.

It also looks like the company was threatening you with a bad reference. If you have any evidence that they blacklisted you or made any misrepresentation about you to a prospective employer, you could claim triple damages as well as possibly impose a criminal charge on them.

The biggest problem is that any applicable statute of limitations deadline has long since passed. Even though you had rights, they cannot now be enforced. Hopefully others will learn the lesson that if you think your rights have been violated, you should do something about it promptly.

--Don D. Sessions

Employee rights attorney

Mission Viejo

State Law Requires 10-Minute Rest Period

Q I work a four-hour shift and am allowed one 15-minute break. I would rather waive my break time and go home early. Does my employer still have to pay me for four hours? And if I work four hours without a break, am I entitled to an extra 15 minutes’ pay?

--T.S., Cypress

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A California Wage Orders require rest periods for nonexempt hourly employees who work at least 3 1/2 hours a day. The rest period must be a minimum of 10 consecutive minutes for each four hours and, if practical, must be taken in the middle of each four-hour period. Rest periods must be treated as worked time, and the employer must pay the employee for such periods even though they are unproductive.

You do not have the option to waive your break time, because you cannot contractually waive any right or remedy to which you are entitled under state law. If you really need to leave early, perhaps you can reduce your work schedule to 3 1/2 hours a day so that no rest period will be required.

--Elizabeth Winfree-Lydon

Senior staff consultant

Employers Group

Techniques Focus on Improving Teamwork

Q I have recently been promoted to supervisor of a test laboratory and have six people working under me. The problem I am seeing with this work group is a total lack of cohesiveness and cooperation among workers and a lack of mutual respect. I knew I was going to inherit this problem beforehand, but what kinds of techniques can I use to solve these problems?

--J.M., Fullerton

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A There are a number of approaches and techniques for helping work groups become more effective work teams. Some of these focus on improving the groups’ interactions and/or the process by which the work gets done. Other techniques focus on getting each of the work group members committed to the group’s common goals--concentrating more on the outcomes than the process.

There are many consulting organizations and individual consultants specializing in teamwork, and you might want to contact one of them. There are also a number of excellent books on teamwork that can be found in the business and management section of your local bookstore or library.

--Ron Riggio

Professor of industrial psychology

Cal State Fullerton

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. Answers should not be construed as legal advice.