TXHRGuy

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TXHRGuy
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  • How many full-time employees do you have?  What state are you in?
  • What state are you in? Do you have written policies on benefits eligibility and accrual?
  • Under the Fair Labor Standards Act, you are only required to pay a non-exempt employee for the hours worked, at the applicable rate (overtime rate in this situation). However, there may be a state minimum hours requirement, depending on where you ar…
  • Defamation should be a concern.  At least one court has held, contrary to the majority view, that truth of the published statement is not necessarily a defense to a claim for libel.  The case involved an email truthfully explaining that the employee…
  • I agree with everything HRforME has said, and add only that you should be careful not to allow your discussions with the employee to cross over into impermissible medical inquiries.  ADA addresses not only reasonable accomodations, but also unreason…
  • There's no good reason to mention it, and there are a lot of good reasons not to mention it.
  • Some states' workers' compensation laws specifically address return-to-work related issues.  Some states bar termination due to absence while on workers' compensation claims.  Also, the mere fact the person has been out on workers' compensation puts…
  • [quote user="hrst"] Our current job applications ask“ Have you been convicted of a felony in the last 10 years?” I understand that EEOC guidelines say that conviction must be recent and relevant to deny an applicant employmnent. The guideline…
  • I agree with what has been said already.   My question is this: has there been any focus on the supervisor's poor handling of the matter?  The supervisor should have begun with a PIP rather than essentially warn someone they will be fired.  "Not wor…
  • There are all sorts of gray areas where HR professionals have to make judgment calls about the best course of action in an uncertain legal landscape.  Sometimes, risk management requires reading the tea leaves.  Although this one may seem remote to …
  • (2) Agreed in CA that vacation is wages and must be paid on termination and the way to avoid large payouts at term is to cap max accruals.  Since there is no law/rule to be found on vacation payment on demand, that generally means that the employer …
  • That's somewhat beside the point: the constructive receipt doctrine only determines when taxes must be paid.  It also describes the conditions under which one may avoid its consequences.  However, it does not forbid states from permitting pay scheme…
  • States vary on their treatment of vacation pay.  Some define vacation as wages.  Those states typically require payout upon termination.  I don't know the law of all 50 states: I merely suggest that there may be a state in which vacation, as wages, …
  • There is a state issue.  Cashing out vacation may be permitted or even required upon request depending on the state in which the employee works.,
  • We have an employee who requested to take one week's vacation, which we approved well in advance. Unfortunately, due to changing schedule demands, we had to cancel his vacation last minute. Obviously, the employee is upset about this and is request…
  • [quote user="jindy"] Our HR dept has run out of ideas to effect a final decision on what we thought would be an easy to solve mystery. An anonymous email hit our CEO making allegations about an employee that after careful investigation appeard to b…
  • I agree with HRforME.  I only want to add that the Title VII claim would be easier to prove.  The standards for proving age discrimination are more difficult because of a difference in the way the two statutes are worded.  Using social media require…
  • I agree with everything HRforME has said.  Here is an alternative approach to asking for a promotion to the next level.  Simply suggest to HR, or specifically to compensation if there is a compensation department, that you have been promoted in term…
  • I admit a high degree of skepticism whenever I'm trying to assess a workplace situation based solely on the negatively affected party's characterization of events.  Even so, let's assume that things happened exactly as you claimed. Some of your sub…
  • One option would be to try to move into administration and then try to move into HR once you are already on the admin side of the wall.   Another would be to just start looking for HR jobs in school districts.
  • Title VII does not protect, specifically, people who are not white.  It says that race may not be used as a factor in an employment decision.  People disagree about how non-quota affirmative action plans impact upon that general rule. Tell your boss…
  • Many states require a written commission compensation plan that describes these situations.  If you do not have an agreement or well known, written policy saying accounts paid post-termination do not result in earned commissions, then you should pro…
  • Probably when paid.  Check with the IRS.
  • Check your CBA.  What does it say about disciplinary procedures?
  • [quote user="jamie5136"]Our company hired a woman on a salaried basis as an HR person and a paralegal. For many years she excepted her yearly wage and never worked OT or ask for OT. As soon as she quit, she is now saying we owe her over 100k in OT!!…
  • The rule of thumb is: "If it's not in writing, it didn't happen."  
  • Do you have a code of conduct that requires courtesy or professionalism?
  • The number of hours you have worked is actually irrelevant because you are an exempt employee.  Because the regulations permit employers to use hours for administrative purposes, particularly certain kinds of payroll functions, it can be confusing. …
  • [quote user="HRforME"]I agree that we don't have enough info to know for sure, but it is something that the OP should know about to see if it does fit his/her set of circumstances.  It could be that her absences are not foreseeable.  If she has been…
  • [quote user="HRforME"] You have the right to transfer her to another equivalent position....see regulations below:  825.204 of FMLA regulations: (a) Transfer or reassignment . If an employee needs intermittent leave or leave on a reduced leave sche…