FrayWitzer
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With all due respect (and I know this is not what you asked for), your company is being penny wise and pound foolish. A bad employee handbook is worse than no handbook at all (from a litigation standpoint). This is not a job that should be put on …
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Hi Caitlin -- This is one of the problems in using PTO here in Massachusetts as opposed to breaking the leave out in categories. You are required to pay an employee for all accrued, but unused vacation time upon termination, though you are not req…
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I agree with you that this was the right thing to do from a basic "we should do the right thing" perspective. It does, however, put you in an interesting position. Because same sex couples can marry here in Massachusetts, many companies have mov…
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If the HRHero powers that be are willing, I'm more than happy to do so... Evan
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Hi Larry -- I'll need your email address to send you the policy. Evan
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Hi Patty -- I'm going to respectfully disagree with some of the advice you've been given, at least to the extent that the advice says that there is nothing an employer can do. I'm a Boston-based management-side employment lawyer and many of the co…
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This is a *very* timely question. Although the Massachusetts Courts have not yet addressed this question directly, a New Jersey court recently held that an employer who was on notice that one of their employees *might* have been accessing child por…
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This one calls out "Danger, Will Robinson" to me. (Extra points if you understand the reference.) Here's the game I sometimes play with statement like the one from your employee -- I play, substitute the suspect class. So, let's say the employee …
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Hi Catherine -- Does the company have a policy regarding the need for a letter from a doctor attesting to an employee's fitness for return to work after an extended absence? If so, I think you should ask for such a letter before the ee is allowed …
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Thank you! I'm glad you liked it. Evan
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Hi Kathy -- I'm an employment attorney in Boston and I've handled a few USERRA matters (and advised all of my corporate clients on USERRA compliance). I also wrote an article on the subject, which is located here: [url]http://www.newenglandinhous…
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Hopefully you have already found the Family Violence Prevention Fund ([url]www.fvpf.org[/url]), which is located in California and is a great resource. This is an area of particular interest to me. I was a legal advocate for our local shelters whi…
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Don, In addition to the (very unlikely) possibility that the Court could appoint an attorney, there are some employment agencies that do so. For example, here in Massachusetts, at the Massachusetts Commission Against Discrimination, if the Commiss…
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Hope I'm still in time to help, though all of the cited advice is correct. There is no question about this situation. The DOL issued a memorandum on just this issue. You can find the memo here: [url]http://www.dol.gov/vets/media/fmlarights.pdf[/…
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Actually, you not only have a potential retaliation claim, you also have a potential NLRB issue (yes, even if you are not a union shop) because her actions will likely be seen as attempting to encourage concerted action on behalf of a number of empl…
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I agree, though I do think that the ability to turn the GPS off on off hours is not as incidental as some posts have made it sound, particularly if installation of the GPS is mandatory, as it sounds. Here in Mass., we have a somewhat broad privacy …
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Don, First, I do not believe that you were ever shy. And, second, they have a cream for that itch now. Evan
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There is little that I can add to the excellent advice you have already received. I have counselled two corporate clients on these issues and I am happy to say that, in both instances, both the company and the employee's co-workers were completely …
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In Mass, at least, the company could obtain a civil restraining order which, if knowingly violated, could result in a criminal contempt. Also, I would send out a No Trespass letter and ask the police if they will arrest for violation.... Good luck…
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Here in Mass., a large law firm with a rather sophisticated employment practice was faced with the prospect of having to lay off some attorneys. During a partnership meeting, a senior partner suggested that they start by laying off the women since…
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Not that you need yet another voice Sonny, but the idea is insane. The fact that it is a police department will, I am afraid, make it even more suspect. Not that this doesn't happen in my line of work as well (lawyers are the worst). Way back whe…
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One other reason that I often recommend NOT keeping I-9s in personnel files: I-9s can contain information about an employee's nationality that cannot be part of any type of employment decision (promotion, discipline, etc.) It is not that I am real…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-22-03 AT 09:58PM (CST)[/font][p]As part of my practice, I am often brought in to do an independent investigation in these types of situations. (I suppose my pre-lawyer days as a journalist has helped…
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Thanks for all of the requests. I have emailed copies to everyone who supplied an email address. Evan
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Well, she did mention that the ee had been advised by an "officer." Could be a corporate officer, I suppose, but I had assumed a police officer... Evan
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Do you have an email address? If not, let me know and I will fax it over. Evan
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Do you have an email address? If not, let me know and I will fax it over. Evan
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I have drafted domestic violence policies for a number of companies (all Massachusetts based) that wanted to voluntarily include such policies in their employment practices. Because I like to help encourage the adoption of such policies, I would be…
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A tactical suggestion to the tactical suggestion: if you have your regular attorney conduct the investigation, you run the risk that the attorney will become a material fact witness and, therefore, he or she may be disqualified from representing yo…
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How about you suggest hiring an independent attorney to conduct an investigation? Any good investigator would come to the same conclusion and make the same recommendations. For some reason, it is sometimes easier for people to hear this news from …