martman99
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Once again Don, thanks again for your "slant" on another situation where you discount all others input. I guess your the guru of the site. Have a great Holiday Weekend Marty
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Good Luck Turbo, but one word of advice. Typically, if you are considered salary there is an implication that your employment is for a specific duration. Usually in the absence of a written agreement, salaried would equate to a one-year employment…
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Your compensation and conditions of continued employment is primarily driven by the contents of your employment agreement. You should disect the paragraphs, terms and conditions of that agreeement to insure you are not in breach of any of its provi…
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No doubt about it! He get's paid and yes, don't forget about the O/T calc. You're on the right track! Marty
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Does your employee handbook include a section on workplace violence? Regardless workplace violence and volatility are the primary issues involved here. Your investigation should be thorough enough to include any witness' statements as well as the s…
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We are currently in the process of implementing a system marketed by Sierra Solutions out of CA. Its called WebClock. If you want the number let me know
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I enjoy the lighter side of some commentaries! Where is your business and what's your capacity there? Just curious. I'm with a dental corporation. Multi-office setting with almost 50 ee's Thanks again Shadowfox
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Thanks! I'm on my way to recovery! Mr Limbaugh
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Like that idea about getting requests in at year's end then "first-come, first-served". Thinking we might try that. Haven't had a conflict yet, but we're growing and it will only be inevitable that a conflict WILL arise! Marty
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Thanks!
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Thanks! However, we haven't hit the 50 mark yet! That will happen this year THOUGH! Can you expound on the ramifications if FMAL is involved? Just curious and looking forward. Marty
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Our current policy is that ONLY full-time employees are entitled to Health Care. Wondering if your running awry to the contract you have with your carrier. What was the established number of hours required for an employee to be eligible under your…
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We have walked away from that particular method of compensating. Is your vacation hour policy to "use it or lose it"? If so, then this may be a greater burden. Also, have you calculated whether this increase in time-off exceeds the 3-5% increase …
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Thanks Don! I would agree with your assessment if we sere subject to FMLA, but luckily, right now we are NOT. Less than 50 employees at the present time. have a GREAT NEW YEAR and thanks for your words of wisdom Marty
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Similar situation here as well! However, in the parental leave section (NOT FMLA) it allows for employees to take up to 6 weeks of "unpaid" leave for their maternity. I think I can hang my hat on that. Thanks for the reply! Marty
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When you state "self-funded" are you stating the employee pays the entire premium? That is how our STD policy is purchased; i.e. employee responsible for the premium of this "voluntary benefit".
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"Liking" won't play a part here. Just trying to establish some consistency so my managers can properly educate the staff. Sorry about how your policy is handled though! Thanks for the reply HAPPY NEW YEAR! Marty
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That's my point Don!! Insurance carriers ahd a mediation with two adminstrative law judges and decided on this figure. One issue I inquired as to was the offer of employment sent to her and signed for via certified mail. Since she was gone for ov…
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Thanks for info Kathi. You make some good points. However, a release and severance agreement was entered and my only concern was if the cancer could turn into an ADA. Employment Law is not my forte, but I am a lawyer and believe the disparity in …
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Retaliation? Are you suggesting a retaliation based upon her medical condition?
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Thanks Don That's my interpretation as well under ADA. I don't think she is afforded the protection since she is unable to perform the essential functions of the job, medicated or not (she concurs on that point) Marty …
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In this particular instance, YES! Criminal investigations relieve you of any protective responsibilities you may have for the employee's file. Rleease the information
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I think you miss my point. Obviously, there does appear to be some sentiment that they would like to retain the employee. I am replying to a specific case with specific facts. In no way would I suggest that evry employer follow this path for ever…
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I have run across this issue where there WAS a false positive. Yes, they are RARE, however, they do happen. I have also worked in a laboratory before and seen some of the laxness in performing tests. Is this a reputable lab? Contamination can ha…
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Yep! Already did that. Just seeing if "I" was intrepreting HIPAA correctly. Just get a lot of uneducated, off the cuff, responses just saying "No" due to HIPAA. Thanks for confirming this Betty! Have a great day! Marty
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Appreciate the feedback. Where's everybody else on this one? Are you my personal WC and UC guru? Anyway I'm off to Traverse City for some wine-tatsing with my wife for Valentine's Day! Enjoy your weekend! Thanks for your help! Marty
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Thanks Don! However, we are NOT going to contest her eligibility anyway. I have simply replied to the request w/o the actual documentation. Have asked them cite the statutory requirement for disclosure or submit a waiver signed by the employee (…
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First, I assume she is "at-will"? FMLA does not apply as previously stated. But under ADA is this a "serious health condition"? And have you run down the process as to whether employee is still able to perform the essential functions of his/her jo…
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Not following prior protocol will definitely impact morale. Regardless of the first blush at whether there are "qualified" individuals on staff, you may run awry of some discriminatory issues as well if those who perceive themselves as qualified ar…
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We just started a similar program. However, be careful about stating "accrued". That may be interpreted as "earned/vested". Your handbook/policy manual should address the issue of entitlement to PTO, sick, vacation or Holiday pay upon termination…