A state judge sided with the ex-employees, calling the work environment “intolerable.”
An article written by Clark Kauffman described a businessman’s irresponsible behaviour towards his employees. William Ernst, 57, owner of the QC Mart chain, sent the following memo to his employees in March: “New Contest – Guess The Next Cashier Who Will Be Fired!!!”, and strongly encouraged them to participate. Employees were asked to write down the name [of the person who would be fired], the date, time and their own name, thereby distressing workers and creating a hostile work climate. In addition, Ernst hired mystery shoppers check the stores several times a week for cashiers wearing a hat, talking on a cell phone or not wearing a QC Mart shirt. Once the person was fired, envelopes were to be opened and winners would receive $10 cash for having the right answer. The context would then start up again.
Some store employees and a store manager quit “the boss from hell” when they realized the memo wasn’t a joke, but found it was a battle to obtain unemployment benefits when their claim was challenged. QC Mart Area Supervisor Anna DeFrieze testified that the contest was created by Ernst because his employees weren’t following company rules. “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,” she said. Misty Shelsky testified that she and her colleagues quit due to the hostile work environment created by Ernst’s contest.
Administrative Law Judge Susan D. Ackerman sided with the workers: “The employer’s actions have clearly created a hostile work environment by suggesting its employees turn on each other for a minimal monetary prize,” she ruled. Shelsky was awarded unemployment benefits. Ernst, for his part, declined to comment on the case.