Brad Forrister

About

Username
Brad Forrister
Joined
Visits
0
Last Active
Roles
Guest, Member

Comments

  • Well, we could probably write a treatise on this one. Some states (CA and NY, for instance) have prohibitions or limitations on requiring new hires to undergo fingerprinting. But many, many states have begun requiring fingerprinting for various jo…
  • njjel, it's not that uniform. (But then, what is?) - If you erase a file on a Windows or Mac system, the computer initially puts it into the trash folder. It's completely retrievable until you empty the trash. - If you delete an email, most emai…
  • Well, DD, if it's really "all plusses and no downside," I hope you just forgot to include one big plus in your new job - that you'll still have plenty of time to devote to the Forum. 2259 posts and counting -- and if we weighted them for value, you…
  • You can access the full text of the actual USERRA (the Uniformed Services Employment and Reemployment Rights Act) under the federal laws section of the subscriber's area of HRhero.com. It's under Title 38 - Veteran's Benefits. But you may find mor…
  • You might check, too, with your workers' comp carrier to see if they have some help in this area. To reduce claims, some will send someone out to evaluate your offices and recommend changes - many of which won't be too costly, like getting chairs a…
  • Well, I haven't run across it in an HR context, but the term is used frequently in both the legal world and the managed care worlds. In the court system, it refers to the procedures increasingly used by courts to get the parties to reduce the numbe…
  • In addition to Theresa's suggestions, you may have state alcoholic beverage law restrictions on what you can and can't do. Most wine distributors know these rules and can guide you through them. Brad Forrister Director of Publishing M. Lee Smith P…
  • This sounds like the kind of situation where you really don't want to use a form letter. Separation agreements/waivers/releases are frequently fairly simple, although there are some special hoops if the separated employee is subject to the ADEA. …
  • Per diem doesn't have any specific legal meaning for private employers. It means whatever you define it to mean for your company. You should probably be guided by your industry, but it's not required. For some companies it covers meals, hotel exp…
  • Your situation sounds almost exactly like ours was before we decided to go to an all-inclusive "annual leave" policy. One part of our workforce was virtually never sick, the other part was sick for almost exactly 10 days a year, which was our sick …
  • There was a state Supreme Court decision in Florida a few years ago that said cities can refuse to hire applicants who smoke. Hard to see how they could do that if they couldn't ask whether the applicant smoked. Don D and pecohr may be right that …
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-24-02 AT 03:31PM (CST)[/font][p]Be careful with offer letters. They can, indeed, create binding contracts unless you have appropriate disclaimer language. Without seeing your whole letter, it's hard …
  • I don't know of any Tennessee law requiring payment of accrued sick leave on termination. There is a law requiring payment of accrued vacation and comp time, but only if the company has adopted a policy or entered a labor agreement to that effect. …
  • Margaret's right. One other exception: If you're a public employer. Brad Forrister Director of Publishing M. Lee Smith Publishers
  • I wouldn't think a public records statute would apply unless you are a public employer - state government, local government, maybe certain kinds of contractors. Otherwise, you don't generally have any legal obligation to tell an applicant anything.…
  • I think the flight attendant cases have been based on age, not prettiness. Some airlines had a practice of getting rid of attendants at a certain age - which, of course, was mostly about appearance. But the legal doctrine was age discrimination. …
  • In some states, workers' comp covers injuries while engaged in an exercise class on company property or playing on a company softball team. I'd check with your attorney or your workers' comp carrier. Brad Forrister Director of Publishing M. Lee …
  • Chapter 13 is for individuals, not employers. But under Chapter 11, the chapter for companies, the doors shouldn't close. Chapter 11 allows a company to work out a plan to continue in business. Chapter 7 is the door-closing version. Beyond that, Do…
  • This is a very complicated subject, and I'm probably wading in over my head. But I'm not sure you're correct in assuming that you're exempt if you don't have 50 or more employees at any one facility. My reading of the rules: * You're subject to t…
  • Suits against employers for violating employees' right to privacy usually arise from the release of medical information, where there are strict ADA limitations on how employers can disseminate the info. I've seen a few cases arising from the releas…
  • Inasmuch as you can dismiss an employee in Tennessee for no reason, you should be able to dismiss an employee for non-payment of rent.
  • I think your employee is talking about Section VI of Chapter III. It seems to address the area of concern. Here's a link: [url]http://www.eeoc.gov/docs/benefits.html#VI[/url]. Early Retirement Incentives Good luck. Brad Forrister M. Lee Smith P…
  • You should probably check the requirements carefully. Here are a couple of excerpts from your NH Employment Law Letter: "While New Hampshire law prohibits individuals under the age of 16 from certain manufacturing and quarrying occupations or fro…
  • I don't believe Tennessee has any laws on the subject. Under federal law, AIDS is a disability under the Americans with Disabilities Act, which limits employers' ability to ask questions or require tests, especially of present employees. There is a …