davids
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Comments
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We follow a similar practice - If an applicant lies on the application, even if the conviction itself wouldn't eliminate the person from consideration, we would probably not hire.
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I agree with others and would not try invoking FMLA at this late date. I might appeal the UI decision if I didn't have an opportunity to consider accommodations for the employee. However, based on the supervisor's comment of "time to move on", I s…
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Although I respect seniority as a factor in scheduling time off, it shouldn't be the only factor. If you approve leave based solely on seniority, the same people will always get the prime leave slots. At a past employer, we allowed employees to in…
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I am not seeing that sexual harassment has occurred. This appears to be a consensual affair. The fact that it is obvious to others does not make it harassment. Other than the employee who was fired, I don't see how this has negatively impacted an…
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It is the employer's responsibility/obligation to designate FMLA. An employee does not have the option of refusing the designation. However, the issue here is that she was sent home; apparently she did not request the leave. I think you need more…
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Probationary employees are part of the union are have all rights accorded by the collective bargaining agreement (CBA). Your CBA, like many others, however, does not accord the probationary employee the specific right to grieve termination during t…
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I think you need to check your state's laws as they pertain to an employee's right to access their own personnel files. Arguably, time and attendance records could fall within the definition of personnel records. I strongly recommend providing the…
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I think that unless you have a policy, you are walking a fine line even if the offense is only alcohol on the breadth. I have been in HR long enough to have heard it all from employees. At a past employer we had a report from co-workers that an em…
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I agree with my fellow Oregonian, Paul, that you need to be discreet, but firm. I would frame the issue in terms of how it is impacting the work environment (co-workers find it offensive). I would not raise the possibility of it being a medical is…
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Although an employer has the right to set grooming standards, as every Human Resources professional knows, consistency is the key. So, do you have a policy on grooming standards? Whether written or not, are you applying these standards consistentl…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-02-07 AT 08:32AM (CST)[/font][br][br]I have done severance agreements that way (keeping the employee on the payroll for the agreed upon time). Although it is not the preferred way, it is workable. Y…
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You need to check your particular state's wage & hour laws. In my state, you cannot withhold or deduct the cost of loss or damge to equipment from an employee's pay unless the employee specifically authorizes it.
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Most universities have policies/forms relating to intellectual property. You might check the website of your local state university.
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You will want to check your state's wage & hour laws. In Oregon, our law allows for electronic pay stubs only if the employee agrees and has the ability to retain or print the pay stub. So, given your scenario, with the employee not agreeing t…
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I agree with HR in NH. I would not assume that the performance issues are the result of medication. I would address the performance and give the employee every opportunity to raise the medication or underlying medical condition as the cause of the…
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In Oregon employees who work six or more hours must take a meal break of at least 30 minutes. The statute even dictates when the meal break must be taken (e.g., between the 3rd and 6th hours of work if the work shift is more than 7 hours). Employe…
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If an employee is going to sue, his/her attorney will get access to the documents through a subpoena. So, if the employee (or representative) will get a copy anyway, why not provide it up front? Also, some people may find this hard to believe, but …
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In Oregon, we would have to provide the file, if we still had it. We would be allowed to charge the former employee for the cost of locating and copying it. But the real question in my mind is: Why not provide it (assuming you still have it)? The…
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I have dealt with odor and allergy issues numerous times. They are not fun, especially once they cross into the ADA realm. If you can take steps to head off the issue early, it's in your interest to do so. Since it sounds like you only have the f…
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Just a couple of thoughts - 1) If the "loaned" employee has an on-the-job injury, which company will be liable for workers' compensation costs?; and 2) if either or both companies individually don't fall under certain federal statutes (such as FMLA,…
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I agree with everyone else that it is time to terminate; but will add one additional thought. Your list of excerpts from co-workers are all general statements. -he's treated us all badly at some point -makes for a toxic environment -we've come to …
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I think you need to check your State's employment statutes. Our's provides the employee access to and copies of his/her personnel file. It also defines all documents pertinent to the employee's employment as part of the personnel file whether or n…
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The one time I was involved in a similar change of performance merit dates, we prorated the merit increase. So, if an employee received an increase in October, and the new date was January, the employee received 3/12 of the increase. It is extreme…
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I agree with James that you are setting yourself up for claim of retaliation for filing a WC claim. Once you have the information regarding prior WC claims in your possession, if you withdraw the offer of employment, you will be on the defensive tr…
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The term "safe harbor" is used relative to several statutes. The term refers to provisions that allow someone to rectify mistakes, if made in good faith, without penalty. For instance, FLSA has a safe harbor provision. In that instance it has to…
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The simple answer is - yes, you can legally require a doctor's note. However, as we all know, things are never simple. If your policy specifically says you can require a note after 3 days, what is your justification for requiring this employee to …
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I agree with Texas, you need to look at how similar the volunteer work is with the employee's paid duties. We use the position's EEO category as a starting place. If an employee who is a professional is volunteering to perform duties that fall int…
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Well, we would start out by seeking clarification of what the employee wants. We might tell the employee to speak to his/her supervisor to see the supervisory file; but, in the end, yes, we would compile it all if the employee or his/her representa…
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This particular employee seemed to need drama in her life, so she was always in the middle of some crises or high energy personal event. And, yes, it was very emotionally draining for her supervisors. She is still there and still creating drama ac…
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You want to check your state's statutes, if any, regarding personnel files. My state has an expansive definition. Essentially any file that contains material that impacts the employee's employment status is considered part of the personnel file. …