Hatchetman
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I've never heard of a senior manager over an emplyee not being allowed to get resview the results of the investigation and evne review the investigaiton findigns and supporting evidence. The decision maker on the discipline needs to be entitled ot …
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Ms. Williams, I may be wrong, but I suspect you're not going to get as good a response on ADEA issues as you did on ADA. The reason is probably that ADEA isn't as often cited by employees as ADA. The situations in which ADEA come into play are pro…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-15-02 AT 12:40PM (CST)[/font][p]What are you going to investigate? Is it job related? You don't know if the co-worker is making up stories, or if the first worker is just trying to sound "big." Unl…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-08-02 AT 05:40PM (CST)[/font][p]If you fall under the NLRA, the generic subjects for negotiation between union and managemenet are wages, hours and working conditions. The NLRB and courts have given …
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[font size="1" color="#FF0000"]LAST EDITED ON 05-03-02 AT 10:52PM (CST)[/font][p]While I have an emotional reaction to "favoritism" (negative), in reality, there may not be anything wrong with it. It depends on what is really meant by the term. If…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-06-02 AT 12:17PM (CST)[/font][p]It seems we really don't know if the emplyee is complianing of either sexual harassment or why she feels uncomforatble. Has HR talked to the meplyee to get her complet…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-01-02 AT 06:38PM (CST)[/font][p]Generally there are two sources that may apply here. One is the legal aspect of retaliation for reporting violations of IRCA. But I don't believe that there is any pr…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-30-02 AT 02:01PM (CST)[/font][p]The employee does NOT gain any additional right as a result of FMLA leave than he would have had if he had stayed at work. So, in answer to your question, you should d…
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A qualified employee's rights for reasonable accommodation under ADA isn't the same as pregnancy. The federal law related to pregnancy is the pregnancy Discrimination Act which provides that an employer must treat a pregannt employee in the same ma…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-23-02 AT 08:43PM (CST)[/font][p]There is probably disagreement on this point because FLSA regulations do appear to permit "comp time" for overtime for exempt employees while some court cases have at t…
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From what you posted on what hte compnay's practice is about dress and emplyees wearing short, what ws it about this employee specifically that the other female empllyees were complaining about? Deos she have cellulite on her legs (obviously, I w…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-18-02 AT 01:14PM (CST)[/font][p]While I can't speak specifically to your state's law addressing a "drug/alcohol-free workplace," if it has one, you don't need to have a test. The observations of the …
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[font size="1" color="#FF0000"]LAST EDITED ON 04-09-02 AT 07:00PM (CST)[/font][p]I agree with Paul that various documents require various lengths of retention. Many documents may not need to be filed in the official personnel file but must be maint…
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There is no federal requirement that an employer have a set of published policies let alone a handbook for employees (posted legal obligations and rights are another matter). While both may be desirable, they are not absolutely necessary in control…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-25-02 AT 07:14PM (CST)[/font][p] Two things to do: Get the supervisor trained on counseling and documenting performance problems and on handling employees who admit to alcoholism. Then you and the s…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-22-02 AT 02:59PM (CST)[/font][p] As long as you have everything documented, based upon what you posted, sounds ready to reduce out of the supervisory level or terminate. Since there is a good chanc…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-21-02 AT 03:44PM (CST)[/font][p]I assume your compnay is covered by ADA or a similar state law. Based upon what you posted, the issue is whether or not the employee could be considered disabled under…
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You may have a basis to terminate. But before you do, since the issue involves a medical condition, make sure all your "'T's' are dotted, and all your 'I's' crossed." Take a look at your state's leave laws that may be similar to FMLA to make sure…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-16-02 AT 12:36PM (CST)[/font][p]It's not clear form your post, what is happening. Are the employee's just not punching in...or is it a mechanical problem? If the former, why aren't the employees punc…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-14-02 AT 05:58PM (CST)[/font][p]I doubt that there is any legal requirement in Ohio on the order of lay off although I am not at all familiar with Ohio employment law, and it doesn't sound like there'…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-11-02 AT 05:24PM (CST)[/font][p]I take your post to mean what types of managerial and supervisroy actions and decisions are traditionally grievable in a non-union environment. Certainly I would inclu…
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ADA doesn't prohibit an employer from laying off a disabled employee if the employee would be laid off any ways (also, I don't believe that any state law would exclude an employee with a medical condition from being laid off merely because of the me…
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If he has been convicted of a crime, independent of whether or not it is a job related matter, and he goes to prison, you do not have to authorize the absence and can terminate him for unauthorized absence (generally, it is not a good idea to grant …
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Since you state the employee is salaried, I assume the empllyee is exempt (although, I guess, he could be non-exempt and salaried). Under 541.118(a)(4) of the Code of Federal Regulations, dealing with FLSA, you may not deduct from the salary an e…
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Make sure of what your looking for... Is the company just upset that during his lunch period (which I assume is unpaid and off company premises), the employee consumes alcohol...or is it upset because he performs his duties after lunch in an impair…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 02:48PM (CST)[/font][p]You may have a technical problem here and should consult an attorney. The way I see it is that you may in fact have to consider the emplyee "hired" as of the training …
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If and when the employee is requesting reasonable accommodation, it seems to me the more complex the situaiton, the more likely it is for the employer to be in contact directly with the employee's doctor to get clarification on issues to help make a…
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If you are going to contact the doctor directly through phone call or correspondence then get a "release" from the employee. I personally believe it is better for the employer after the initial request to contact the doctor directly, via letter wit…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-16-02 AT 12:37PM (CST)[/font][p]I will assume that your company falls under federal ADA or a similar Minnestora state law. Without getting into whether or not the employee has a medical condition tha…
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Were the 30 days consecutive, so that entire work weeks were missed? Under 541.118, remember, you don't have to pay an exempt emplyee a salary for the week in which he or she performs NO work. Have you tried the DOL website. There are some liknks…