Judge Rules Boss's "Firing Contest" Created a Hostile Work Environment
Branded the "boss from hell" by his employees, 57-year-old William Ernst lost a court battle with ex-workers over unemployment benefits. An Iowa judge has decided that Ernst's "firing contest" memo wasn't the best management strategy, saying, "The employer’s actions have clearly created a hostile work environment by suggesting its employees turn on each other for a minimal monetary prize. This was an intolerable and detrimental work environment.” The memo reads in part: "New Contest – Guess The Next Cashier Who Will Be Fired!!! To win our game, write on a piece of paper the name of the next cashier you believe will be fired. Write their name [the person who will be fired], today's date, today's time, and your name. Seal it in an envelope and give it to the manager to put in my envelope."
Contests are fun. Doesn't this judge like fun?
What a sad person this judge must be. Frankly, I feel sorry for her.
Damn...I was hoping he'd be from KMART but he was employed at some no name place called "QC Mart".
Oh well guess I'll have to wait for KMART to die some other way than on its own...
Hilarious. Worker drones shouldn't have any rights.
I had a boss like that once. He thought his "openly asshole" style of management was helpful because it "encouraged competition." In reality, the only thing it encouraged was hatred. It brought us closer as a team, but only in hating him. Half the employees were stealing from him, the other half were actively plotting against him. Basically, he created an environment where retaining talent was impossible, and only the dregs who couldn't get hired anywhere else stayed behind. He thought he was being clever, but he was only costing the company all its promising talent (including me).
It's one thing to be a no-nonsense boss with high standards, it's quite another to be an obnoxious asshole who drives away all your best employees.
SJW: Someone who has run out of real oppression, and has to fake it.
How can I submit timothy as the next Slashdot editor to be fired? Please please please.
don't fuck with the people who handle your food
If you don't like the job (and evertyhing that comes with it), go work somewhere else.
Employment should be entirely voluntary on that parts of the employee and the employer.
The .gov should stay out of all voluntary arangements between two or more grown adults.
To win our game, write on a piece of paper the name of the next cashier you believe will be fired. Write their name [the person who will be fired], today’s date, today’s time, and your name. Seal it in an envelope and give it to the manager to put in my envelope.
“Here’s how the game will work: We are doubling our secret-shopper efforts, and your store will be visited during the day and at night several times a week. Secret shoppers will be looking for cashiers wearing a hat, talking on a cell phone, not wearing a QC Mart shirt, having someone hanging around/behind the counter, and/or a personal car parked by the pumps after 7 p.m., among other things.
“If the name in your envelope has the right answer, you will win $10 CASH. Only one winner per firing unless there are multiple right answers with the exact same name, date, and time. Once we fire the person, we will open all the envelopes, award the prize, and start the contest again.
“And no fair picking Mike Miller from (the Rockingham Road store). He was fired at around 11:30 a.m. today for wearing a hat and talking on his cell phone. Good luck!!!!!!!!!!”
Wow. What an asshole. In a better economy I'd hope that he'd have trouble getting workers. Unfortunately, in the current economy it is probably much easier to find desperate people willing to put up with crap.
"We're adding a little something to this month's sales contest. As you all know, first prize is a Cadillac Eldorado. Second prize is a set of steak knives. Third prize is you're fired. "
My company home page
and whats so bad about a quick mart cashier killing time when it is slow?
A much more innovative and effective strategy would have been to fire everyone and then hold auction-style interviews. Whoever agrees to work for the lowest wage gets a job.
in nazi Germany people rated others out and this is one step under rating some out.
WOOOOSH!
There's no -1 for "I don't get it."
Or better yet, bet on who will kill him!
I RTFA, and I noticed the court case was because some folks who resigned after the "contest" were denied unemployment benefit.
So, can somebody explain me: does unemployment money _cost_ the previous employer in the US/Iowa?
(With apologies to Oscar Wilde for the title of this post.)
If you see something, say something
For justice, we must go to Don Corleone
Do you mean ratted? Cause employers everywhere have employees rate each other. It's called 'peer reviews' and is by no means something the Nazi's had a monoploy on.
The original subject read "and whats so bad about a quick mart cashierkilling". According to the boss in TFA, apparently nothing is wrong with killing employees at all.
I'm a good cook. I'm a fantastic eater. - Steven Brust
Do they rate them on a scale of 1 to 10? Maybe QC Mart also has an Employee Hot Or Not contest going on. I'd rate them all!
I worked at a real life "Weakest Link".
Worked for a small 70 person company that was losing money. Owner retired and let his son take over. His son decided to cut staff and for the next several months followed a policy of two people got laid off every friday.
Every friday everyone wondered if they would be one of the "lucky two".
It went on like this until there were only a skeleton crew of about 25 left. Not all that left left because they were let go- EVERYONE was TRYING to get out because the 2 out on Friday policy was murder on morale.
"That's the way to do it" - Punch
the free market is infallible; whatever ends up happening is BY DEFINITION THE FAIREST OUTCOME POSSIBLE
And you can take my word for it, 'cuz I'm above the poverty line!
DRM: Terminator crops for your mind!
Next employee for firing is "William Ernst", fired for subjecting the company to expensive lawsuits...
As your resident QuadCities Slashdot associate, is there anything you guys want me to go confirm?
I mean, there are QC marts scattered throughout town, I could probably go get some statements/rants from his current employees.
Personally I get a kick out of any time the Midwest gets mentioned on Slashdot. This is downright hilarious. Especially since I just left a place due to a boss.
I guess he should have offered more money.
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"Tyler was now involved in a class action lawsuit against the Pressman Hotel over the urine content of their soup."
At least you can get a cheap lunch if you do get fired. Or a cab home.
Okay, go back to Digg now.
Information theory is life. The rest is just the KL divergence.
there is a reason that a Night of the Long Knifes type of thing is done at a District Level and not at a Store Level
most of the time if you have to fire more than say Half of your employees then YOU AS A BOSS are a spacial anomaly known for high Gravity (aka an African American Aperture).
Any person using FTFY or editing my postings agrees to a US$50.00 charge
That's why a lot of businesses are in China.
Rail all you want against the trend, but the more rules, regulations, and taxes on businesses, the more they'll move to a more hospitable country.
Like it or not.
I'm all for workers' rights, and also can see things from the employers' side, but man, when you see a piece of work like that guy, you realize that there's a reason for all these labor laws and regulations. Just like everything in life, one chunk of idiots messes up things for everyone else. That happens on both sides of the equation - from the labor side, think about the people you work with who actively avoid doing anything, even going out of the way to be difficult. Or think about tenant-landlord laws -- they are slanted in favor of tenants because a fraction of landlords abuse their influence, regardless of how nightmarish a tenant might be. If people were rational on both sides, there would be less need for regulation.
My experience with small-to-medium size business owners and managers has been mixed. For every decent, hardworking guy working his guts out to make a good place to work, there's the Napoleonic, reactive, stressed out crazy guy who creates a hostile work environment. It's not limited to small businesses either, but you see more of these types in small businesses because they're typically more invested. Some of it can probably be traced to the personality type you need to have to be a business owner -- combative, competitive, driven, etc. There's no way to succeed in small business without having at least some of those traits.
In this case, it sounds mainly like ignorance of the law or willful disregard of it. The guy probably thought he was being funny, making a joke of what he saw as a major affront to his view of the world. I'm guessing the thought process goes something like this:
- I am Master of Convenience Stores, King of the World.
- I've got a bunch of kids who aren't doing everything I tell them.
- I can fire anyone I want, and I will keep firing until I have a set of perfectly obedient employees.
- Since the economy is lousy, I can scare my employees into doing what I want.
- Hey, I know, let's make this fun! Heh heh heh, that'll show those idiots.... ...and the contest is born.
In my opinion, people who subscribe to the "I can fire anyone for any reason and treat them like slaves because they should be paying ME to work here" attitude are left with the people who can't get jobs with normal bosses. Most people don't want to work for an unpredictable tyrant. Demanding good work is one thing, but being unreasonable is another. He just probably figured that his employees are either kids or people who really can't get better work and thought "motivation" like this was appropriate.
Same thing goes for things like sexual harassment. I'm sure no one *wants* to be treated like that, but business owners abuse their power because they can.
Most of us will agree that this is a terrible management approach, but should it actually be illegal in the sense of creating a legally hostile work environment and therefor creating a bunch of legal implications for the company? Where do you draw the line?
I am shocked at the number of slashdotters, on story after story, who just can't spell correctly. Do you proofread at all? Do you bother to use spell check? Bad punctuation and grammar gets a pass. That was a bitch for even my teachers in school.
They had Hot or Not back then?
I drank what? -- Socrates
Haha, this text is AWESOME:
It's obviously COMPLETELY tongue-in-cheek, and also highlights the problems the boss had at the workplace. I've worked as a cashier, and a memo like this would just put a smile on my face :) People need to grow a pear*. And you wonder why no one gets a job anymore...
* homonym so slashdot doesn't get sued into giving out my IP so I can be sued for misogyny or whatever, in this crazy world.
edit:
I just read further into the article. The boss's response to the suit:
“None of them were doing their job,” she testified. “They’ve repeatedly been told not to use their phone while they’re working, that bad language is totally unacceptable and, you know, playing video games while you’re working is not acceptable. They just broke all those rules.”
is completely reasonable, and more than that -- see that text above where I said "also highlights the problems the boss had at the workplace"? That's what I got right out of the memo itself. The guy is just doing a good job conveying his frustration and the issues he has. What the hell is wrong with anyone that they can't see this e-mail for what it is, which is a lot of frustration leading him to take the thing to its logical conclusion to show, through absurdity and satire, that he's "at the end of his rope". And what he is "threatening" with, which is firing, is also in the end a completely reasonable response to not being able to get his employees to do what he's asking from them. If I talked on my phone all through my shift and did the other things I was expressly forbidden to do, getting a chance to see this e-mail and think of the consequences and change my behavior would be one of the luckier things that could happen to me for it... honestly... (and no, I am not a boss).
This statement is intellectually dishonest. The GILDED age (not Guilded) occurred around the turn of the Century. The regulation that this poster talks about arose after the GREAT DEPRESSION.
The Great Depression followed the excesses of the Gilded Age.
Republican trickle-down economics doesn't trickle down water.
I have to wonder. would he consider it deplorable if say the monetary gain was say, half of the fired employee's yearly salary? because to me he is objecting to the low prize value rather then the contest it's self.
Check out the book "The No Asshole Rule." Bad bosses cost companies far more than their (the boss) is worth.
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And not to mention : www.attackwatch.com, complete with scary black-white-red imagery.
Dark Reflection
A rendition of the cover, courtesy of Matt Groening pre-Simpsons: http://www.randomhouse.com/pantheon/graphicnovels/workhell_3.html
I think we can all agree our boss-man is a subscriber!
He probably could have just turned the game around and been fine. So, secret shoppers could tell him when they catch an employee being "good" (defined as not doing any of those things) and he puts their name in a drawing. At the end of the week/month/quarter, employees who have consistently been "good" will have more opportunities to win the drawing equal to the cash prize of $10/week.
Because you ignore the secret shopper when they come in.
Peter predicted that you would "deliberately forget" creation 2000 years ago...
in nazi Germany people rated others out
If you see something, say something
And this is precisely what is wrong.
Which is perfectly fine. They're not a real customer anyway... they don't want the stuff you're selling, they want the $10 they'll get when they send in their report.
Secret shoppers are overrated. If you come across as a giant prick, don't be surprised when your employees ignore your wishes and clumsily sabotage your business. I've always been one to lead by example, working WITH my employees, not AGAINST them. If they're doing it wrong, train them. If you want to curb undesirable behaviours, sit down with them and explain why you think it's unacceptable. Treat your staff as humans, not chattel, and you just might find they actually start caring about their job enough to do it right.
-Billco, Fnarg.com
they also had breakfast in nazi germany. does that mean that having breakfast makes one a nazi? how about building highways? autobahns were INVENTED in nazi germany. i am pretty sure nazi germany is hated for genocide (jews, gypses, etc.) rather than for every little thing they did.
Any guest worker system is indistinguishable from indentured servitude.
I used to work in the computer dept at BART and during slow times, even if we read technical, work-related material, we could be fired because it was against union rules.
until morale improves!
The premise of "secret" shopping is that you can't tell who's a "secret shopper". And they do buy stuff - they have to, otherwise you could tell. They just get reimbursed for their purchase.
I think its an awesome way to find out who doesn't fit into a group. I would have opened the envelopes and fired whoever was voted most by the coworkers... That would indicate that everyone thinks they are doing a bad job. It is an excellent management strategy.
You're fired.
Of course, given the recent shit the supreme court took on consumer rights with regards to restriction of class action suits, you can bet that noncompetes will be deemed valid nationwide as soon as it get challenged all the way up the chain.
This is nonsense. There is no federal law dealing with this issue, and absent that (or constitutional conflict), SCOTUS wouldn't take the case, let alone strike down California's employment law.
Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
Hey, this sounds like an idea for a TV show. We could have Donald Trump be the boss, and get people to compete an then someone gets fired.
I'm from the Quad Cities
The stores in question are a local chain of BP Gas Stations with the store fronts "re-branded" to QC Mart. I've only been to a couple of the stores and will never go back. They seem to be overpriced even for a convenience store and the employees all seemed to have that "can't do, don't care" attitude. The latter makes much more sense now that this story has come out.
Here is the article that appeared in our local paper http://qconline.com/archives/qco/display.php?id=563769. Admittedly it isn't as well written as the one from the Register
"William Ernst"
- -= Napalm means serious BBQ =-
As a geek with slight Asperger's tendencies, I have a history of doing and saying inappropriate things. As I approach my 40's, it's now rare that I make a significant social faux pas, but that's after many years of careful study. Of course, I know NOW that what this boss did was totally inappropriate.
But I can tell you with great certainty, that even as an annoying nerdy teenager, I would have judged this memo of his to be mean-spirited and completely unprofessional.
How do people get it into their heads that this kind of crap is acceptable?
No one mentions the idea that the secret shopper might be sent to the stores with employees voted for. This might be a way of figuring out where to send the secret shopper.
This is a way to generate fear in the employees. As if people didn't have enough fear anyway!
Ok, I know I'm gonna take some heat for this but.......
ok, the guy is clearly an ahole, I would never be like that nor would I want to work for someone like that. On the other hand, put into context, I don't see the problem. He was clearly re-enforcing simple rules. Talk on your cell phone, your fired. Wear a hat, your fired. I don't see the evil in that. the "contest" in my mind didn't actively encourge employees to take negative actions against each other. So in my mind, it also os a non issue. Americans need to learn how to grow up take responsibility and deal with life alittle imho.
As far for the management style, yes its dickish. No normal human being want to be on either the giving or recieving end. It is however the most effective way of getting people to FOLLOW SIMPLE FREAKING INSTRUCTIONS. As a former marine, I can attest to this to no end. which is mostly the reason for the former part. chances are, if they are willing to spend that much money to catch people on cell phones, there is no talent to speak of anyway.
I'm a lawyer and law professor and have a degree in political science. Your credentials?
Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you