davids
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We are just changing our process to having the employee, supervisor and an HR representative sign job descriptions. They will be signed when an employee is hired into a position (initial hire or promotion) or if the job changes significantly enough…
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I agree with ray that one poor reference does not mean the candidate will be a bad employee. You need to look at the whole picture. As for your question, no it it not illegal to have checked her reference or to not hire her. Can she sue you? Sure…
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I agree with others that as long as the ticket remains on his driving record, the warning is appropriate. As for the termination, it depends on exactly what the the threats were and what is your company's past practice, if any, on dealing with thre…
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We pay 75% of the costs of tuition and books. We cap it at an amount equivalent to the tuition charged at our State university located about ten miles from our offices.
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The case I was citing is a 9th Circuit decision in Christopher v. National Education Association (September 2005). Although it seems like 9th Circuit decisions get overturned more frequently than other Circuits, for those of us in the 9th Circuit, …
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The behavior you describe potentially does create a hostile environment. Although the supervisor may treat all employees the same, I would not want to defend a charge by arguing that he is an "equal opportunity jerk." That is, he does not discrimi…
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Generally speaking, you should not be selectively censoring the content of what she hangs on the wall. That is, if you allow employees to hang photgraphs of their kids, you shouldn't prohibit pictures of other things unless they are offensive. How…
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While I don't think you are totally screwed, I think employees (or their attorney) could make your life difficult. My suggestion is to counsel the supervisor that he/she needs to make it clear that the trip is not a company event and that he/she sh…
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You should check your state's labor law. In my state, the employer is required to pay for medical evaluations that they require of the employee. However, the way we set it up is to require the employee to be evaluated and then give him the choice…
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Check the Fair Credit Reporting Act (FCRA). I am not sure what type of background check you will be conducting, but it should be after a conditional offer is made. We do background checks on all new hires. They are always done after a conditional…
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I agree with other posts. However, an important consideration is how you have dealt with other disciplinary issues or employees who have caused general grief. If you have responded to other employees with discipline less than termination, or have …
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The issue is that I am talking about a customer parking lot, not an employee lot. Employees are not supposed to be parking in this particular lot. As a public agency we need to be accessible to the public. Do we tell our citizens that if they can…
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I am currently dealing with just the opposite situation. We are a public employer and have a customer parking lot that has two disabled parking spaces. The intent is for these spots to be available for customers who have business to conduct in Cit…
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Is driving part of the job? Was a clean driving record a requirement? If the answer is no to both of those questions, you probably do not have grounds to terminate.
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I agree that if you are not unionized, Weingarten does not apply. Generally, I would not allow a non-union employee to bring an advocate; however, allowing it can be to your advantage depending on who the person is. If this employee is argumentati…
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I agree that this is travel to work and would not reimburse the employee. However, I recommend that you have a formal "telecommuting agreement" that includes a statement that if the employee needs to come into the office for a meeting, evaluation, …
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Let me add a different perspective. Not giving any information to an applicant leaves the person wondering (was it my age, my race, am I being discriminated against?). You will have to answer the question to EEO if the applicant assumes the worst …
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As a public employer, we would most definitely ask for a subpoena.
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NLRB has gone back and forth on the issue, but I believe currently Weingarten rights only apply to union-represented employees. Even, if Weingarten applies to non-union employees, they only apply in "investigatory " interviews (i.e., you are solici…
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I am with everyone else on reporting this to the police and post office. At this point you suspect a co-worker is sending the letters, but you really don't know. What if it isn't a co-worker? Let the police investigate. If it turns out to be a c…
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Rockie: I agree that if the employee is at work, there should not be additional pay if the employee is called upon for some special tasks. However, in my world - a public employer with several unions - it is quite common for employees to receive p…
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We pay employees who are assigned standby duty one hour of pay for every eight hours of standby. At my last job, we paid one hour for every six hours of standby. However, just carrying a pager does not in itself mean an employee is on standby. As…
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If you are a public employer, the National Public Employer Labor Relations Association (NPELRA) is the premier association. Their website is: [url]www.npelra.org[/url].
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I agree that you need to accommodate; but I would ask the employee to provide documentation from her church substantiating that her refusal to work Thursday evenings is based on the tenets of the religion and not just a preference. If the fact that…
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I would never "guess" what the grievance is about. That allows the union to have a moving target if they don't like your response. I would respond to the grievance by stating that the you are not able to remedy the grievance as the union has not p…
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I think it depends on the circumstances. If your Purchasing Administrator is going to lunch with the vendor socially rather than for business purposes, then no, the time is not compensable. If the purpose of the lunch is to conduct business, then …
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I would write the union a letter (send it certified, return receipt) stating that you responded to their Step 3 grievance on "X" date and include a copy of that response. I would also state that the fact that you are resending the Step-3 response d…
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We will begin a 12-hour shift in one work unit later this month. The employees will work three 12-hour days followed by four days off one week; and four 12-hour days with three days off the following week. This does result in your # 2 above - a 36…
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It appears that the only issue you have is an offensive odor on the employee's person (assumed to be alcohol). I would address the "offensive odor" issue, remind the employee about your company's EAP (assuming you have one), and give him the new po…