GoPatsNH

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GoPatsNH
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  • You can also ask him to go for a physical exam under the ADA to determine whether he is fit for duty. There are some legal requirement surrounding this, so you might want to check out the following link for more info: http://www.eeoc.gov/policy/docs…
  • I have never heard of anything so ridiculous. Are their parents going to do their job, too??
  • As far as whether or not these tests are legal, they are, as long as they do not discriminate against people of a protected class under civil rights laws. The EEOC has said that tests that have an adverse impact on people in protected classes and ar…
  • I don't think that I see any marital/religious discrimination issues here. Some employers try to enforce a antifraternization policy, or a policy that keeps employees from socializing with each other outside of work. But, this can get you in trouble…
  • Arizona doesn't have a law requiring private employers to provide employees access to their personnel records either during their employment or after termination. However, if you are served with a subpoena for the records, this changes your obligati…
  • You'll also want to see if your state has any law requiring you to provide leave to crime victims or victims of domestic violence for certain reasons, for isntance, to go to court or seek help.
  • In my opinion, it doesn't really matter that the incident took place off company premises. The fact remains that the incident occurred between two of your employees and one of the employees informed a manager at your company. That triggers your resp…
  • I don't think that the "carrot" culture creates a workforce of takers. In fact, without carrots I think it's the employer that becomes the taker. From what I remember of the book, the "carrots" are not only financial. It can be something as simple a…
  • It sounds to me as if you have a pretty good case for disciplining this employee. As long as your reasons for discipline are not based on her being in a protected class, you'll be fine.  Just be sure to document,d ocument, document!! And be sure tha…
  • There is a DOL reg that states that it is the burden of the employer to show that an employee would have been laid off during FMLA leave even if the employee didn't take leave. So, I think you're on the right track with keeping accurate and complete…
  • Perhaps you can stress that the conference is not mandatory but is being offered as a benefit to them to help advance their careers?
  • A friend of mine works for a company that does something called "one nice thing" at their team meetings. Basically, they go around the room and share one nice thing that has happened to them or they can think of. It doesn't necessarily has to be wor…
  • i would be more apt to call them out on it if it was a pattern. maybe an isolated email just came off the wrong way...but if it's a habit, I would bring up the subject with the person. Email shouldn't be an excuse to be rude to people simply because…
  • I agree with what has been said. If you are allowing other groups to congretate during work house in your facility, it certainly will appear discriminatory if you don't allow a prayer group. As long as there is no pressure, like kylie said, but a hi…
  • I agree with pammconnell. There is a difference between venting or getting advice and gossiping. Those of us in HR are party or aware of some very sensitive situations and know many things in confidence, and gossiping about those types of things is …
  • Iris is right that there is no law mandating that employers have a handbook. But, if you do, you should have all of your employees sign an acknowledgement that they have received and read the handbook. This is really important. You have to make sure…
  • I happened upon this article about dealing with employee blogs that might help you out. http://www.laborlawyers.com/showarticle.aspx?Ref=list&Type=1119&Cat=3386&Show=10050
  • I would make sure, before crafting this type of policy, that you look at your state's laws on pay deductions. Some states have laws stating that employer can't deduct from employee's pay for the cost of equipment. Not sure if this would actually be …
  • I agree with the others. The best thing to do is to be honest. If you have a progressive discipline policy and you haven't followed it regarding this employee, you may want to do that - and give the employee the chance to redeem himself. But in the …
  • You can also set up an employee suggestion system. This may make your employees feel more like they have a voice and are involved, especially with all of the changes happening around them. Check out this link for more info: http://hr.blr.com/analys…
  • It depends on your state law, but in some state recreational activites are exempt from workers' compensation coverage. But I'd check with your carrier and research your state law. And, if you are going to offer classes, I would make sure that you ha…
  • I don't have a policy, but I'd be concerned about this "men-only" softball team. It seems to be perpetuating and "old boys club" to me - and there have been lawsuits about it. Especially since in your case it's coming rignt from the VP. I'd try to c…
  • you can't dock their pay for half days, but you can deduct from their pto bank as long as your policy states that you can deduct for less than full day increments
  • I agree, even though I was somewhat confused about how an employer would go about showing that the applicant wasn't "genuinely" interested in gaining employment. I thoght the Board was vague about that part of the decision.
  • I don't have a formal policy either, but I would imagine that you would just work the mental health days into your preexisting PTO policy. I think it's a great idea though...since  alot of employees often  just use their sick days for days like thes…
  • You can reassure the manager that employees participating in blue jeans day will still be expected to follow your company's dress code om what's appropriate for the workplace (no ripped jeans or short shorts, for instance), and you can also emphasiz…
  • I would add that you want to make sure that policy mirrors any state law that may exist on paying commissions in your state. For instance, in CT we have a specific law on commissions after termination. And I would have a lawyer look at your policy -…
  • I couldn't agree more. Now that you know about this, you have to do something about it. I would speak to the exec explainthat this kind of "preference" is actually illegal, and make sure that the applicant pool is diverse. Hiring cases are hard, but…
  • Not sure if this is directly on point, but the National Labor Relations Board recently issued a decision on when an employer can withdraw union recognition. The case name is Shaw's Supermarkets. Check out this article: http://www.littler.com/presspu…
  • I agree, too. An investigation is definitely in order here. This is especially true if you decide to discipline one employee and not the other, although I can understand your tendency to give the long-term employee the benefit of the doubt. But some…