A Reader Asks This Question:
I am the department head. I have two workers that do not get along with each other, but everyone else here, including me, likes both of them. They do not need to interact with each other, and do not. There are no problems that way.
My question is, one of the two workers has decided to collect money from everyone here at work, except from the one worker this person does not get along with, for our state lottery drawing. The worker who collects the money does this during the work day, and has a sign posted where everyone can read it to participate.
My answer to the worker who is not included is that “this is not work related, and I can’t make the other worker include you in this.”
I have a feeling that I am wrong, and I do not want any legal ramifications from this. I cannot ask anyone higher than me, as I am it. Are there any web sites you can direct me to that may offer me some guidance, or do you have any knowledge legally concerning these circumstances?
Serious responses only please, as I consider this matter to be a serious one. 10 points awarded to the best answer.
View the answer(s) below…
First off, do not allow the worker to do this during work hours. If they have posted a sign on a "community" board, fine, but insist that the collection, etc be done during breaks, lunch, before or after they are on the clock.
I am not sure where you are, but in AZ you cannot "gamble" without a permit, it is illegal. We had a case here (not sure when) where the employer was fined for allowing gambling. I will try to find the case. The state was notified by an unhappy person who was morally outraged about the betting. (It was a stupid college basketball March Madness thing).
If I were you, I would stop the whole lottery drawing cash collection from being a work place sponsored/ supported thing.
UPDATE
I was unable to find the article on the company that was fined here. This link shows a summary of gambling laws per state. Hopefully this will help you if you should decide to stop the lottery at the office.
http://www.gambling-law-us.com/State-Law-Summary/
best of luck.
How about, if it’s not work related I cannot allow ANYONE to participate? that might be the way to go. You are paying these people to work in the office or to socialize and play the lottery???
I am guessing that your best bet (although no fun) is to not let them post the lottery list inside the workplace. Otherwise, the excluded guy has grounds to complain about something. Is there an owner or board you could discuss this with?
Of course she has the choice of who she picks and whatever BUT I will warn you of a couple of things. If the person who is being left out complains to someone higher then you, the person conducting this, anyone involved, and you (for allowing it) can get into trouble. Most companies have policy against gambling or promoting gambling on company property & time. Also what about wasting company time to do things like this. Not doing your job to take time to promote gambling. I would stop this on company time and property.
I would review the company policies on this kind of thing. Then go from there. You are 1 dept head, there must be others or you would have said you were the company owner.
You cannot force employees to include each other in non-work related activities but if I were you I would tell the employee that they can’t post any more notices about the lottery. They can collect via word of mouth but that the postings are innappropriate for the break room (or wherever it is posted) That makes it so you are no longer the middleman.
Personally as a boss I would not participate in this (and I don’t BTW)
I would make it clear this is not a work related activity that would take place during work hours
That way they can do what they want and you are not involved