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Policy versus compassion is the apparent question. It would appear based on your policy and past practice, that you would be able to terminate. But why not accmmodate if possible? The decision should be based on medical information i.e. length of il…
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Normally, an exempt employee is not paid by the hour, they are salaried, if however they are "part-time exempt", payment for extra assignments would be based on the policy of the employer. It is permissible to pay, provided it is stated policy.
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The law requires that overtime is time and half the minimum wage at the time. A good faith effort will likely resolve the matter if the employee is truely in agreement, and as received proper counsel and had adequate time to view the options.
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What is your long term disability policy. If the policy is for two years, then no action can be taken until after the two year period has expired, unless you negotiate an exception with the employee. Your policy determines the limits after you have …
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If the employee is on their way home, it is not a workers' compensation issue, it is an accident covered by the insurer of the vehicle. Only if the employee is on company business would it be a workers' compensation question.
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The Law indicates that FMLA leaves may be paid or unpaid. You are simply allowing a paid leave when you allow vacation, FMLA, and sick to run concurrently. A lot of additional paper work. You can establish a policy which permits both paid and unpaid…
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The first step is to obtain up to date job descriptions. This may require job audits, but this is not necessarily the case. There needs to be a consistent tool used to evaluate each position. There was probably such a tool used when establishing …
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The normal transition is to pull ahead all vacation, and allow persons to use all within a defined time period. Then all people start at the same time accuring, and all will go what ever the needed time span would be.
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JCAHO provides written application and material used in the self study process. The information which is necessary for the files is included in this data. There may be a cost associated with receiving the document.
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Similar questions to those asked of an employment reference, but in a different context. You wish to determine reliability, skills, etc. Have you ever worked ona project with the applicant? What skills did you observe? etc. What are the strengths o…
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Your policy probably states that if an employee is absence x number of dates without notification it will be deemed a voluntary quit or resignation. Your notification to the employee should have said, you were absent on the following dates.... You f…
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One method is to have employee focus groups, to determine if there are problems which need to be addressed. These areas should be handled as a team with the effected employee having an integral part in the process of assessment, and problem solution…
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The employee has the right to representation. It is the union contract which states if that representation is union.
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This sounds more like an issue of disability than of age. ADA states that the person must do the essential functions of the job with or without accommodations. Are you? If the person cannot do the job, and there are no transfer possibilities, there …
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The questions normally depend on the nature of the complaint. The place to start is with the interrogatory which was probably sent initially in an effort to prevent an acutual investigation. Following that short of an attorney, I would check with Co…
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Was the action a lay-off or a termination? Does the employee have re-call rights? Are you paying unemployment wages? You are not hiring another person, but using a temporary service for a temporary assignment. The employee was not a temporary employ…
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The employer has the right for a smoke free environment. If this is the issue, then there should not be a problem. If the employer states only non-smoker will be hired, I believe there must be another issue along with the smoking issue, and then the…
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Following the procedures for Blood Born Pathogens will handle the issue of HIV in the wor place. FMLA provides for intermittent absences which can be accommodated. It is when and if the disease becomes dibilitating that the issue of accommodation be…
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You should look to your policy and past practices. If the policy does not indicate that insubordination is a terminal offense, then past practice will determine the protocol.
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Most companies purge disciplinary record after two years as long as the infraction has not re-occurred. When the records are purged they are normally given to the employee or destroyed. Why purge if you intend to keep the records?
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In Michigan, it is against the law to make an employment decision based on an arrest record, It would appear that to make a decision based on a rumor record, would fall under wrongful discharge regardless of your at will status. At will can fire wit…