Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 02-01-02 AT 06:04PM (CST)[/font][p]As Gerri mentioned, there may be a state law speaking to state and local government employees in certain policy-making or managerial positions either not being legally …
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We often have licensed professional staff who, for whatever reason, have their licenses expire or at least, can't produce evidence of renewed professional license by the expiry date (could be bureaucratic problem). In those cases, we had the employ…
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Youy don't describe too much -- e.g., is this private sector employer or public emplyer (your use of the word "uniform" leads me to believe more likely to be "public sector" employer); is the a union? is the grievance procedure effective in the emp…
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I assume you have job-related medical "standards" for which the employee is medically examined prior to start date -- and that the employee must pass those standards to be determined to be ABLE to perform the job without undue hazard to him/herself …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-25-02 AT 08:49PM (CST)[/font][p]When we fired someone in our governmental jurisdiction, of course, he or she would be entitled most often to an "after-discharge", full-blown evidentiary hearing on the…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-23-02 AT 03:32PM (CST)[/font][p]The specific questions of course will depend on the specific information elicited and information known already. I think the more important aspect of your investigatio…
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It's hard to provide any specific answer because you didn't say what the employees are "grumbling" about. How do you know about the "grumbling?" Where are the managers over the employees in all this? What is the exact employment relationship betw…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-11-02 AT 06:35PM (CST)[/font][p]I think your term "essential functions" may be a little off base. Rather than "functions", you can say "essential expectations." Satisfactory attendance, "demonstrate…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-07-02 AT 01:01PM (CST)[/font][p]Your policy is that in order to receive holiday pay, the employee must be on a pay status on BOTH sides (work days) of the holiday. From what you describe, if the emplo…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-05-02 AT 11:52PM (CST)[/font][p]I agree with you to the extent that there very well may be some types of causes for discharge that say "we don't EVER want to see you around here again in any way, shap…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-04-02 AT 06:57PM (CST)[/font][p]No, there would be no discrimination issue under civil rights laws. But why even go there? If you tell employees that they can invite one guest, then let it be that…
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In the governmental jurisdiction I work in, employees may have removed from their official personnel file the actual reprimand two years after issuance (assuming a grievance did not overturn it). However, if the reprimand is referenced in the perfo…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-27-01 AT 06:27PM (CST)[/font][p]In the first US Supreme Court case in 1986 that upheld lower court rulings on sexual harasment under the Civil Rights Act, then Justice Rehnquist noted that sexual hara…
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I've said it before and I'll say it again. As MY final contribution to this thread. Jabarian, there is no healthy debate. You have taken a position, which is your "human right" to do. You have rejected every rationale proffered to you on why your…
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Jabarian, you've consistently had responses indicating that you need to come to an accommodation within yourself to accept your employer's grooming standard. Your original post asked for suggestions on what you could do given your feelings about we…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-03-02 AT 02:26PM (CST)[/font][p]Jabarian, stand by your convictions and make them real in practice. Wear long hair, get fired, and then sue the company for "wrongful" discharge. If you're right, you…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-24-01 AT 04:51PM (CST)[/font][p]Religous practice and interpretation can be very interesting. Let's say that your bona fide belief in your religion requires that men wear long hair; longer than jus…
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Mr. Kessler and Ms. Reeder, Thanks for carrying "the flag." I agree with the comment that one major difficulty in doing something like this is the variations in law and court rulings among the 50 states on many similar issues. But I think tha…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-18-01 AT 09:03PM (CST)[/font][p]I have often the same trouble in trying to determine policy issues, disciplne, etc., given the paucity of separate information for public employers. There are a couple…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-17-01 AT 06:03PM (CST)[/font][p]Under 29CFR541.118(a)(3), the employer may deduct from the exempt employee's salary, in increments of full days, absences for illness WITHOUT affecting salaried status.…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-17-01 AT 01:36PM (CST)[/font][p]I agree with Rockie. The issue for you now is whether the conviction renders the emplyee immediately unsuitable for employment with your company. If he had been sen…
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Unless you have a union contract or other type contract appicable to this individual or you fall under a merit or civil service classificaton system of some kind, I don't see why you can't reduce the income in accordance with the earnings you pay fo…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-13-01 AT 06:50PM (CST)[/font][p]Bill, thanks for the additional information. Look, if you've discussed her poor "people skills" with her and she hasn't offered up a reason other than "that's the way…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-13-01 AT 01:46PM (CST)[/font][p]Interaction certainly is an issue you should be dealing with. Set expectations for her on how she needs to deal with others. It sounds like she has this problem but t…
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There are two answers. Given your description of the meeting, if the employee has reason to believe that disciplinary action may result from that meeting then the employee has a right for a "representative" to particpate. If the meeting is just to…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-04-01 AT 06:29PM (CST)[/font][p] There is no federal requirement that an employer adopt or not adopt a "nepotism" policy of any kind. It is strictly up to the employer's "philososphy." I don't belie…
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Also, check with your local health department. It may be able to provide "unbiased" information to your workforce about TB and the risk on them of a co-worker who was a former TB patient, if any. You don't need to identify to the co-workers who the…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-27-01 AT 05:59PM (CST)[/font][p]Well, it may not be illegal under federal law, per se, because family status is not a "protected" category. HOWEVER indirectly, it can be argued that there would be a …
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[font size="1" color="#FF0000"]LAST EDITED ON 11-13-01 AT 09:35PM (CST)[/font][p]The thrust of your last question is not the same as the thrust of your first question. For the most part, an employer is free to decide what companies, organizations, …
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Regarding the "reasonable woman standard" that the Ellison case created in the Ninth Circuit, the US Supreme Court, in 1993, just two years later, essentially invalidated it in the Harris v. Forklift Systems case (510 US 17), going just with the "re…