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"WORKPLACE ENVIRONMENT ALMOST AS HOT AS MIDDLE EAST!"

Dear Kathryn:

I've always made it my policy as the office manager to keep my own and my staff's personal, political, and religious sentiments out of the workplace. With the constant barrage of election news blaring from individual radios around the office, the TV in the lunch-room and the front pages of newspapers scattered about, it's been impossible to keep my staff's sentiments down to a stadium roar during breaks and lunchhours.

From election flyers handed out in the parking lot yesterday, chanting by those in support of this group or that, the office has been transformed into a hotbed of opinion. My boss told me this morning to get this under control. I sent out a memo telling the staff that their loud rallies and materials distribution was now limited to out of the office and off company premises. The backlash that resulted was emails to me screaming "discrimination" and that we were prohibiting their right of free speech. A few have actually said they're calling the Labor Board!

My high profile accounting firm doesn't need this aggravation. Help me quickly, Kathryn, as my job will be on the line if I don't tame the animals in my zoo.

LISA S., Woonsocket, RI

Dear Lisa:

On one hand you can't complain. Your employees are motivated enough about their country to be involved in discussion, even if rowdy. It's an improvement over those that think Hizbollah is a vacation resort.

In RI, CT and MASS a State Statute that covers the "no solicitation/no distribution" policy would govern your issue. This statute states that employees cannot act in the manner you've described during work hours and in working areas. Neither the lunch room nor parking lot is considered a working area. Breaks and lunch hours are not considered "working hours", so on that point, your employees are correct. You should know that if an employer finds these actions disruptive, (which obviously you have), the employer can restrict these actions from taking place on any company premises.

For the sake of good employee relations and to show that you understand their pent up emotions, I'd suggest having a friendly meeting and not issuing another memo. State that you're not looking to restrain anyone's opinion, however your job is to operate an orderly business office. When tempers flare, voices get loud and the overall the result is that of a disrupted work environment. In that case, you've no choice but to shut down the by-play all together. Tell them you're counting on their cooperation in proceeding in a professional manner. Tell them you consider them professionals and that you hope you won't be addressing this again. Should your staff not cooperate, issue the memo immediately stating your "no choice" decision.

Good luck.

Dear Kathryn:

In one fell swoop, I'm out of a job and possibly out of the pension plan I've counted on for so long. I'm sixty-four years old, worked for my employer for seventeen years all to have my life fall apart without notice, when my employer announced their bankruptcy. No severance, no reimbursement for travel expenses during my last three months of employment along with no mention of my owed vacation pay. The announcement came at 4:00 on a Friday with the company owner stating they'd mail our pink slips.

I've called repeatedly these last three weeks to find out about my pension plan and how much money would be coming to me and haven't heard word one. I was 100% vested and am scared to death at this stage that their bankruptcy will keep me from seeing a dime of it. Having never been in this situation before, I've no idea what to expect when a company declares Chapter 11 bankruptcy. Where do I go at this stage?

MARK R., Stamford, CT

Dear Mark:

Funny how one day you're an employee and the next day you're a company creditor! I conferred with two sources to get the best explanation for you and here's the scoop.

Shipman & Goodwin's labor specialists say there is no absolute guarantee of your receiving full pension benefits. Without the details of the plan and whether your employer succeeds at Chapter 11 and doesn't result in Chapter 7, it's impossible to guess the outcome. They feel that if your pension plan was a "defined" benefit plan, it will most likely land in the lap of the Pension Benefit Guarantee Corporation in Washington. This corporation is a protective unit for those in your position. For more information as to how you and your pension benefit claims should proceed, visit their website at www.pbgc.gov.

As to your owed vacation and travel expenses, you are now in the same league as the other creditors and will need to file a claim. Contact the Bankruptcy Court and those folks can guide you as to how to complete the necessary forms and make a claim. All of this will take effort and follow-through on your part, but well worth it. Good luck.

Dear Kathryn:

I was hired in an exempt role, getting paid a salary along with a "management" benefit package. Last week, half of us on this "management plan" were told we were being made hourly workers. Our salaries are to be divided by forty hours, but we are to be paid for the 35 hour week we will actually work. In addition to my new income (aka, pay cut), I would no longer be getting my stock option nor bonus plan originally paid out. Interestingly, the upper tier of management has stayed salaried and retains the richer benefit package. Without a written employment contract and only the original offer of employment, do I have any ground here?

Can an employer really shake me loose of the goodies with which they enticed me to accept their offer of employment? Obviously, I'll start to look around, but in the meantime, I'm ticked that I've been demoted and made poorer all in one day!

RICH T., Manchester, CT

Dear Rich:

An employer has the right to change your status from salaried to hourly without discussion or previous notice to you. The issue of the stock options and the bonus plan however, is a bit more complex. Take the details of any initial agreements to the Wage and Workplace Division of the Dept. of Labor and have them review the details of your case.