TXHRGuy
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- TXHRGuy
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[quote user="Chicago1"]. . .But, before I would terminate someone who has asked for a religious accommodation, I would check with my attorney. [/quote] +1 There is a danger the the employer's obligation will depend on circuit. Generally speaking, yo…
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[quote user="6353755"] Government contractor's must abide by drug-free workplace. A candidate divulges details of a DUI and is not in a protected class, Trying to think of any possible ramification if we do not offer the candidate the position. C…
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Your solutions are limited when you have more work than people.
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[quote user="PatBowie"] We just invested into a Learning Management Platform System which will be assessable to employees to take pre-recorded courses 24 hours a day - 7 days a week. My concern and the question that comes to mind now is...how do we…
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[quote user="hrtx"] I have a non-exempt employee who would like to work through lunch once a week so that they can leave an hour early for a weekly doctor's appointment. I feel they should be using their sick time for this appointment and need to …
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California views vacation pay differently from most other states. Something like this was discussed in a recent BLR webinar but I don't recall all the specifics. Regardless, California views vacation as earned wages, so a reduction in vacation accr…
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Three questions: What state are you in, Did you provide any notice of the change before implementing, Is there a collective bargaining agreement or other contract in place with any affected individual?
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What state? How long did the hourly employee work? Are there any twists to the compensation of the employee, or is it just straight up hourly pay?
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[quote user="Beaker"] Although I am not a qualified professional, I do agree that this person likely has a serious mental health issue/personality disorder. With proper help, I think they could make a decent employee. [/quote] See http://www.eeoc.g…
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Nothing very clear resulted from the ambulance case because the employer settled. "Protected concerted activity" casts a pretty wide net across the possible range of employee conduct.
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Too many avenues for state- or circuit level problems. You should speak to local counsel.
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Thanks, IT, that's good to know. I do not personally know any person who has had much luck with LinkedIn as a job seeker. If it turned out to be a good tool for finding qualified candidates, I would like to know more details about how to make it w…
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It's hard to jump right in and start recruiting with social media. If nobody is in your LinkedIn network, following your tweets, or "likes" your facebook page, then nobody will see your recruitment message. If yo uwant to go in that direction, you…
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You are probably correct, but that's something for the UI investigator to determine. If the investigator grants benefits, then you look at the statute or regulation under which benefits were granted and, if you disagree, then appeal. The statute o…
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The question here is not one of adoption or enforcement of the policies in the handbook. The question is about your policy regarding refusing to sign a handbook. The strongest card to play is discipline for insubordination: signing acknowledgement …
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I found an article on the CT DOL website about the intersection of state and federal family and medical leave. I haven't read it, but it probably answers your question: http://www.ctdol.state.ct.us/wgwkstnd/fmla/FMLA-Guidance.pdf
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Generally, no. Possibly with a prior written agreement, depending on your state. Call counsel or your state employment law enforcement agency. Be sure you have a handle on minimum wage requirements under the circumstances.
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Do you have a policy on reasonable suspicion drug testing? Does your policy comply with state law on the topic?
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I have had vastly improved results using craigslist compared to monster and careerbuilder.
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Interview rank and file employees and ensure confidentiality of the meetings. Follow up by interviewing line supervisors. Check with an attorney and see if there is any public record of the company being sued. Get the company to produce records as …
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Call your WC carrier and see what they say.
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A second opinion required by the employer is a challenge, paid for the by the employer. I believe FMLA does not allow the employer to pick the physician for a regular cert: the employee may get a cert from one doctor and a recert from a different d…
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I believe your policy is impermissible in the situation you describe. The actual regulation on certification for leave due to an employee's own serious health condition is copied below. Read paragraphs (a)-(b). You may want to consider going to a…
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Are you sure the community-only plan is "insurance?" If it is an ERISA covered plan, I think probably not. Perhaps an ERISA expert can chime in.
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I'm a cheerleader for outsourced payroll. PEOs have mixed reputations. Do you need a PEO for a single employee in a different state? What problems do you think you might encounter? I imagine that occasionaly compliance issues could be brought up …
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Double posted - also in the coffee corner.
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It depends on why you are measuring turnover.For example, if you are measuring turnover to find out if there is something wrong with your organization culture or with specific departments' management, voluntary retirement may cloud what you are look…
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Time to talk to an attorney. Like Joy said, your question is highly state and fact specific.
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[quote user="sungerle"] The only way discharging an employee on disability would be illegal is if the employee was able to prove that they were discriminated against for FILING a claim for disability benefits.[/quote] Strictly speaking, that is not…
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[quote user="efeldman"]We have an employee who has been out on STD for 6 weeks. Her doctor has put her out for a total of 23 weeks, and we cannot afford to have her out that long. We are a small, 38-person company, and would like to replace her as …