Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 11-14-02 AT 01:05PM (CST)[/font][p]You should contact your local public health department and find out what information they have on Hepatitis C in the work environment. Perhaps they can resolve your co…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-14-02 AT 07:35PM (CST)[/font][p]Without being uncaring but maybe souding uncaring, the only really, management way to deal with this, after the humane ways have been tried, is to have the employee do …
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Andy Warhol said, "In the future, everyone will be famous for fifteen minutes."
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I attended the seminar on Advanced Employment Issues last week in Las Vegas. So, I want to comment on it. I found it interesting and educational -- the seminar, not Vegas. The topics were for me for the most part related to the issues with which I …
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The post-offer eye examination is subject to it being "job-related and consistent with business necessity." Take a look at ADA regulations at 29CFR1630.10 and 1630.14. [url]http://www.access.gpo.gov/nara/cfr/waisidx_01/29cfr1630_01.html[/url] For …
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Stacy, you say he is a "part time paramedic who works for our town." I assume then this a public sector situation. If so, then NLRA isn't appicable and the Supreme Court's Weingrten decision isn't directly applicable either nor the NLRB's ruling…
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For years I worked in a public sector agency that handled child abuse cases including sexual abuse (investigations, criminal referrals to the DA, placement petitions, counseling, etc). I worked in its employee relations area handling investigations …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-31-02 AT 07:53PM (CST)[/font][p]Usually one year unblemished by counselling or disciplinary actions will be considered reasonable to say "start over." Of course, there are some forms of misconduct, t…
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Without knowing if he has indicated any ongoing medical problem, I assume you've discounted possible ADA implications. I also assume you've put him on notice about the problmes and consequences of his poor attendance (the fact it could get him fi…
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Yes. But be aware, you may open the door for employees to bring up complaints after the session.
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[font size="1" color="#FF0000"]LAST EDITED ON 10-29-02 AT 02:17PM (CST)[/font][p]As a minimum, you need to have an anti-harassment policy (sexual, race, religion, age) but having one just on sexual harassment will suffice as an absolute minimum. T…
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If your company falls under FMLA and the emplyee is FMLA eligible, then leave for elective surgery should be allowed under FMLA provision if the defnitiion of "serious health condition" is met. The website for getting the FMLA definition is: [url…
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Don,, you've made the biggest assumption. You assumed that the superivsor in that meeting indicated that there would be a warning issued. We don't know what he said. He may have said that "the counseling was sufficient and don't engage in the beh…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-23-02 AT 05:58PM (CST)[/font][p]Traditionally, the charge of "insubordination" has been limited to written orders giving the deadline for compliance and the consequence for non-compliance -- discharge…
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Why don't you settle with the union. Withdraw the warning memo; issue it as a counseling memo; doesn't go into the employee's official file. If there is no repetition of the condicut in that first incident, it won't be referenced in the evaluati…
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I agree, without an investigation, a month is too long. And the supervisor's explanation doens't really help. But I wouldn't necessairly withdraw it (unless your contract with theunion indicates that it should). The are a couple of considerations…
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Therer is no set levels for progressive disciline and various emplyers call the same levels different things, and some don't have suspnison without pay or suspensions with pay (if you consider that disciline), but everyone claims that they have a pr…
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I have a problem with what your legal counsel is suggesting. Of course, I rcognize he's there and can make the best determination..but my concern is as follows: He says to suspend pending investigation. Pending who's investigation? Not yours. And…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-01-02 AT 06:59PM (CST)[/font][p]Without knowing what your budget document looks like and how decisions are made about staffing, I think HR needs to be involved to ensure that positions are properly al…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-20-02 AT 05:57PM (CST)[/font][p]Take the resignation...make it "resigned in lieu of discharge." and make sure that the ex-employee understands that any future inquiries from potential employers (and …
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Does she fall under FMLA -- i.e., would the week off be FMLA leave? Under FMLA, reduced or intermittent leave for the employee's serious health condition is strictly at the emplyee's option when medically necessary. The employer has no say in it. …
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[font size="1" color="#FF0000"]LAST EDITED ON 09-12-02 AT 07:15PM (CST)[/font][p]I will assume that there is either no state law that addresses your question or that it reads the same as federal ADA and there are no state court rulings make interpre…
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It's been years since I did one, but as I recal EEOC, or maybe it was just my area office, used to include a seriooes of questions thye wanted answered as well as idnetify thespecific informaiton, such as other emplyees, they wanted identified. I a…
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I generally second Anne's approach. I assume you know for a fact that he has a "mild heart condition" -- whatever that means. You don't say if there are any work problesm -- performance, etc. But given the fact that he is making the statements, his…
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I don't know if there is anything you can do to placate the upset employees on this incident. What you need to do is disucss the matter with senior management. Identify your concern and problems you've noted and offer some positive suggestions. D…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-27-02 AT 11:50AM (CST)[/font][p]Well, I had not noticed this thread before. I can't add much to what has already been said. I too keep learning or reinforcing my knowledge of HR..after 23 yers. And…
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If the laws and regulations affected the basis for termination, and the employer violated them, then in a lawsuit, a court could find a wrongful termination and award back pay and reinstate the employee plus whatever. If the employee reported the …
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An emplyer can have a "no weapons" policy and prohibit individuals (employees, customers, public) who may be licensed to carry weapons from bringing them on to its property. Obviously, if an employee's job duties is to carry a weappon such as a sec…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-27-02 AT 05:15PM (CST)[/font][p]What do you mean "Manage Upwards"? Is the VP in the chain of command. The employee doesn't have the automatic ability just to go to any manager he wants to discuss wor…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-21-02 AT 01:07AM (CST)[/font][p]Well, it may not be the best way of doing it. I don't know if there is really an ethical question here as much as the CEO making sure that the best person was chosen an…