Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 04-18-03 AT 09:59AM (CST)[/font][p]ADA does NOT require an employer hire any individual just because he or she is disabled. While ADA can be part of an affirmative aciton program if handled correclty, a…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-10-03 AT 01:36AM (CST)[/font][p]I am going to assume that you have already established that her diabetes does qualify her as disabled under ADA -- or that even if it hasn't you are not treating her as…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-09-03 AT 06:46PM (CST)[/font][p]I am not aware of anything that limits essential job duties to 15. It is possible in some very early drafts of ADA,before it became law, that there was a suggestion th…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-07-03 AT 08:14PM (CST)[/font][p]Cotterwood, I see you use terms like "classified" and MOU -- you wouldn't be in the public sector by any chance -- in California -- would you? If so, let me know. I'm…
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Explain to me a written verbal warning -- now that's an oxymoron. If you give a verbal warning, he or she should note it somewhere in her records. The initial assumpiton with a verbl warning is that th eincident is minor and most likiely just the v…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-21-03 AT 07:21PM (CST)[/font][p]It depends on how the employees feel about the confidentiality and trustworthiness of the investigators and the invesigation, and the likelihood that executive manageme…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-19-03 AT 08:19PM (CST)[/font][p]I have to take a different position from the others. As long as you permit employees to engage in non-business related discussion, I don't think you are justified to t…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-17-03 AT 04:07PM (CST)[/font][p]Don't get "hung up" on the technical issue of whether this constitutes insubordination or not. In my view it is a form of insubordination -- disrespect toward a superv…
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Regarding his not remembering it...it's possible. He may have pled out to a lesser charge and got probation. His attorney just meantion to him "look, if you don't do anything wrong, it won't be a problem for you in hte future." Ten years goes b…
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Make sure you do exactly as I said. Otherwise, you could wind up serving the rest of your life in prison.
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[font size="1" color="#FF0000"]LAST EDITED ON 03-14-03 AT 12:55PM (CST)[/font][p]Vicki, you can get the actual wage order at the Industiral Welfare Commission's website which is part of the Deparmtent of Industrial Relaitons website... [url]http://…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-13-03 AT 09:37PM (CST)[/font][p]With HRsage's post, I can see a different aspect to this... If the employee is disabled, under California's ADA (the Fair Employment and Housing Act), a reasonable acco…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-13-03 AT 06:36PM (CST)[/font][p]For a non-exempt employee (hourly wages and entitled to being paid time and a half for overtime) under federal law, any "work" over 40 hours in a work week, does fall u…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-14-03 AT 02:09AM (CST)[/font][p]Gillian, I have to disagree with you about California not distinguishing between exempt and non-exempt in absence from work for jury duty. Firstly, FLSA certainly proh…
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Margaret, I don't think you are old. I've been doing Personnel or Human Resources, or Emplyee Relations, or whatever you want to call it since 1979.
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When the term first appeared in the 70's, I always kept thinking of an old person with a shovel going out to the backyard and starting to dig dirt. Just digging, looking for some humans that he could melt down and make his fortune. Sho' 'nuf, those…
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Why don't you sit down and tlakto him about exactly what his plans are and target dates...and let him know what you;;ll be doing. You can get a time frame for your repacement efforts. It sounds as if he did the right thing by notifying you that…
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I'll take my answer and put it here... To really get control of the situation and to keep a productive employee, don't bother with the employee at all. x}> Shoot the kid. #-o Your point is then made to her and to all the other employees...don't…
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Check your state law. There may be provisions in it that prohibit an employer from otherwise discharging an employee for off the job conduct which is not illegal. I would either let it go or consult legal counsel for a careful assessment of whethe…
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You're not being illegally discriminatory -- unless you're using it to identify Title VII, ADA and ADEA "protected status" employees -- but you may be causing some morale issues for th eprobatoiners. Being constantly singled out as the new person…
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Only certain positions under the Fair Labor Standards Act may be exempt without having to me a salary test. The most common are lawyer, doctor and school teacher. These types may be paid on an hourly but not be required to be paid minimum wage and…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-19-03 AT 01:04PM (CST)[/font][p]For an exempt employee, you may dock the full days' absences from the weekly salary since the absences were for personal reasons. There doesn't have to be any time on …
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[font size="1" color="#FF0000"]LAST EDITED ON 02-19-03 AT 12:46PM (CST)[/font][p]If you close down for a day because of operational reasons, even a "snow day" if that was the cause, and the exempt emplyee was ready, willing and able to work that day…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-17-03 AT 06:06PM (CST)[/font][p]I do HR in California. You should seriously take up Ms Gegen's offer. Two other things to do to help establish and maintain a California personnel policy handbook…
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Scanty, since you're in California, California Labor Code provides that employers must pay wages at least twice a month on paydays designated in advance. Wages earned between the 1st and the 15th of the month must be paid between the 16th and the 2…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-07-03 AT 11:37PM (CST)[/font][p]"Similarly situated" is a vague term and probably will depend on the exact circumstances and the ability of either party to show how other employees would be or would n…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-18-03 AT 06:20PM (CST)[/font][p]I read many of the posts, and maybe skimmed a few other. Based upon what I ead, I think people have missed wht the Confederate Flag really represents in contemporary A…
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I assume by paid administrative leave you mean she was suspended from work with pay for a disicplinary or investigative reason. FMLA does talk about 1,250 hours of owkr within the 12 months prior to taking FMLA leave. I'm sure the emplyee has work…
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There is nothing I recall in the federal Drug Free Workplace Act that requires that an employee who is suspected of being under the influence of alcohol be actually tested for presence of alcohol BEFORE the emplyer can deem the employee under the in…
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XSafford, what it sounds as if a company would be really doing is reducing the salary using the actual work days during the year. Thus it is not necessarily setting the salary on the basis of difficulty of the job and market demands but also on the…