Help Wanted: My secret job hunt is not a secret

DEAR CARRIE: I'm in a tough situation, and I'm hoping you can offer some advice. I recently applied for a job with a federal agency that does business with my current employer. I found out that an employee of that agency told my boss I had applied. Now, I am being told that my current job is in jeopardy. In addition, my boss has taken a hostile attitude toward me in recent weeks. I'm not sure how to move forward with this. The person who tattled isn't a hiring manager, so she might not have any say in whether I get the job and I wouldn't be working with her. If you can help me, I would greatly appreciate it. -- Job Search Outed

DEAR JOB SEARCH: It's best to put the incident behind you so you can focus on moving on and making sure you leave on good terms, said a local career-management professional.

"My best advice would be to make a diligent job-search effort utilizing all his available time to find a new job," said the consultant, Charles L. Sodikoff, who is also a psychologist and is based in North Merrick. "I know there is a difficult job market out there, but don't waste time ruminating about being in a 'tough situation' or taking valuable time and energy -- and expense -- worrying about legal action."

And you should make sure you leave in good standing. That means taking extra steps to assuage your boss, who apparently is taking your job search personally.

"Certainly, a courageous conversation with his boss offering a reasonable explanation as to why he is looking for a new job would be appropriate," Sodikoff said. "Let the boss know that while he is in his current position he will be working as diligently and as hard as ever."

And he added, "Try and reason with the boss that there is no negative feeling toward his current company or boss, but the decision to explore new opportunities was a rational decision based on positive motives. Express that there is no need for retaliation or hostility. Offer to be fully cooperative in helping to bring a replacement up to speed, if necessary."

In case you're worried about whether to keep your job search secretive, don't bother at this point.

"Since the company he works for already knows he is looking for a new job, there is no need to be cautious about letting people know he is actively searching," Sodikoff said.

DEAR CARRIE: I was wondering if labor laws have any provisions governing pay for employees who punch in but don't punch out. Recently an employee was not paid because we had no record of him punching out, although there was proof he had punched in. The employee claims the punch, (which is a bio-scan of his finger) did not take when he left. Is the employer obligated to pay him if the company cannot prove he worked? -- To Pay or Not?

DEAR TO PAY: You have to pay him for the time he worked.

"The pay is due for all hours worked regardless of record-keeping irregularities," said Irv Miljoner, who heads the U.S. Labor Department's Long Island office. "If he punched in, then evidently he worked . . . The question remains for what period of time."

The onus of determining how many hours he worked is on the company, Miljoner said.

"The burden is on the employer to establish hours worked," he said. "Therefore it is in their interest to keep accurate records."

One alterative to determining how long the employee worked that day is to look at the time he was logged on to a computer, Miljoner said.

You can discipline a worker for repeated infractions, with a warning and/or ultimately a firing. But if he works, you have to pay him.

For additional information on record-keeping  click here to go to the Electronic Code of Federal Regulations.  Click here to find more on hours worked at the U.S. Labor Department, Wage and Hours Division.