This installment of Ask HR Bartender involves a situation with an intern, their manager and the department head. Here’s the situation (edited for brevity):
I’m an intern working at my own expense (translation: for free) as a marketer. This is my first time in the real working environment so I am a little inexperienced I suppose. I’ve been asked to do about 10 projects during my time here – 7 or so should be completed, which is more than my bosses could have expected.
I received an email from the department manager regarding the status of my projects that will not be completed, since it’s the end of my internship. The email essentially said, “By XXX date, I want all your unfinished projects delegated to others.” So, being the eager intern and wanting to impress the boss, I started right away to speak to other interns and members of staff about how we could do this and proceeded to delegate everything. I did everything the department manager wanted. Which is fantastic – right?!
My manager went berserk at me for not consulting him prior to doing this. (P.S. He wasn’t even in the office so I couldn’t even ask him for involvement.) Even though the department head is happy; my manager is still mad because I’m not being a team player.
My objective was to impress the boss and get the job done ASAP, I didn’t even stop to think of wasting time in order to get permission from my line manager. Is there another way this situation could have been handled?
This appears to be a huge misunderstanding. There are some things that could have been handled differently, check out my response:
What do you think? What could this intern have done differently? Drop your thoughts in the comments.
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working girl says
At first I thought, poor kid, trying to follow directions and impress the boss – without pay! – only to be criticized for doing what he said. ‘Not a team player’ frequently translates into ‘weak manager.’
But then I noticed you were referring to two managers – the department head who made the request and the person she actually reported to. Whoops.
Although his reaction sounded a bit over the top, it’s discourteous and unprofessional to keep the team lead out of the loop on work assignments.
Elizabeth Calhoun says
I’m somewhat distracted by the appearance that this person may not actually be functioning as an intern, but an unpaid employee. Red Flag anyone?
Ginger says
This story makes me sad. First – unpaid internships…ugh! Not cool (and most likely against the law). That aside, I don’t think you should ever be so harsh on a young person, who is experiencing a “real working environment” for the first time, for being a bit over-ambitions. Yes – this could have been avoided if the intern had run this by the direct manager first. But, hello – this is an intern; they are interning because they need/want to learn.
Penny Jimison says
Elizabeth! What a great question! You got my curiosity going. Here’s what the DOL has published re: FLSA and internships.
The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances of each such program.
The following six criteria must be applied when making the determination if internships are exempt from FLSA:
1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern.
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Just a point of curiosity—does the fact that the department head has asked the intern to delegate her unfinished projects negate the unpaid exemption? I think the company’s lawyers may argue that it could….does anyone have interns that they don’t pay? Seems to me minimum wage would not only help the intern feel more positive (what I’m doing here is worthwhile), but would sidestep and problems with the FLSA as well.
Cheers, all.
Sharlyn Lauby says
Thanks everyone for the comments and information!
I find it interesting this scenario is starting to mirror what happens to human resources managers on a regular basis. Employee comes in and tells us a story. In this case, it’s about the frustration of mixed messages between two managers.
Then we step back and say “Wait a minute, do we have another issue?” Meaning is there a challenge regarding the individual’s intern status. Then we have to figure out what the real problems are (if there are any). Sounds familiar, huh?
For the purposes of this scenario, we’ll probably never know the answer to the pay status. There’s not enough info and we’re not sure this is even a U.S. scenario that’s subject to U.S. laws. Different countries might have different ways of handling intern assignments.
Rev. Gerald W. Spaid, Sr. says
In a professional setting, one must be careful of all actions.
If the professional employee (PE) has been a longstanding good employee with excellent status and good faith contributor with work of merit, the PE finds that his trainee under him has developed a good relationship with the department head. PE understands within a private conversation with the department head (DH), the DH is trying to remove the professional employee by “bull” tactic.
The PE’s intent is to do the very best possible for the organization and has. The trainee, in his position, financially make less than the PE. DH tried to secure a pay increase for the trainee with no success. It appears to the PE, the DH is trying to eliminate the PE for the purpose of replacing the PE with the trainee friend.
What actions would be appropriate for the PE? PE fears retaliation from the DH if PE communicates to higher authority above the DH.
Sharlyn Lauby says
Thanks for the comment. I always find these situations to be tricky because you never really feel like you know all the dynamics to the situation. But there are a few things I have learned over time.
I’ve never found that a good department head will try to eliminate a professional employee whose has the best interest of the company at heart. The key here is defining “best interest of the company.”
I’ve also not seen too many department heads get rid of employees who make them look good – even if they have a friend they’re trying to find a job for. At worst, they might reassign responsibilities.
And, if I’m totally wrong and a department head is really trying to get rid of a hardworking, dedicated employee for the sole purpose of hiring their buddy…then the professional employee should ask themselves if this is really a person they want to work for in the first place.