Brad Forrister
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Montana is indeed the only state that's formally not at-will -- a statute there requires cause for termination. But some other states have so many exceptions that the doctrine doesn't mean much. I really like the "At Won't" label, Don! Brad Forri…
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This sounds like the "fluctuating workweek" that's allowed for in the DOL regulations. It's a bizarre little exception. Here's how our Special Report on overtime explains it: Fluctuating Workweek. For employees whose work hours fluctuate from wee…
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Several states do have prohibitions on asking such questions, although Washington doesn't. Some of our editors counsel against asking the question anyway - do a search on "smoking" and "interview" behind the password and you'll see some articles to…
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Wow. Congratulations to you. Brad Forrister Director of Publishing M. Lee Smith Publishers
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Margaret Morford, in her policy on recordkeeping, suggests keeping them all at the corporate level and sending someone from HR to the branch in the event of an audit. Brad Forrister Director of Publishing M. Lee Smith Publishers
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Check out this article: [url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=132910[/url] Brad Forrister Director of Publishing M. Lee Smith Publishers
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Your "in the district" comment makes me wonder if you're a governmental agency. If so, special statutes or rules may apply. Brad Forrister Director of Publishing M. Lee Smith Publishers
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Great advice. Also, several of our newsletter editors have written articles on this subject. Here are a few links: [url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=4…
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Having proper job descriptions has always been a good practice, because it helps the manager focus on the skills, background, and knowledge necessary to perform the job and provides a basis for determining salary levels, etc. But in recent years ha…
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This is one of those areas in which it's really a good idea to bring in your employment law attorney. By the way, I thought you were only required to have an AAP in place within 120 days of commencing to work on a contract, unless you're in constru…
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Our 10 Danger Zones series has a very good tape on this subject. Check it out at: [url]http://www.hrhero.com/videos.shtml[/url] And Georgia Peach, thanks for the plug. Brad Forrister Director of Publishing M. Lee Smith Publishers
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Well, the answer may depend on the purpose for which you're trying to determine full-time or part-time status. There's not a single, comprehensive definition of full-time or part-time. But some laws do include the concept. The full-time, part-tim…
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The best recourse might be to get a clarification from the president as to whether the individual program directors have the authority to make different rules for different people, or if they are just being given the authority to make different rule…
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FYI, we didn't delete your original version of this, but we did move it to the Benefits area. Sorry you lost it. Brad Forrister Director of Publishing M. Lee Smith Publishers
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Can't think of a reason you'd have legal exposure, based on the facts you've presented. Are you making that commission structure available to the long-timers? Brad Forrister Director of Publishing M. Lee Smith Publishers
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I think there are many, many applicants who have no idea what questions shouldn't be asked and what information needn't be volunteered. I don't think you run much risk that the person who volunteered the information will successfully use the fact t…
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Just an opinion, but it seems to me that requiring employees to list a phone number where they can be reached is not discriminatory. Requiring them to have a cell phone might be, just because that's a significant additional expense. I suspect your…
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Well, yes and no. There's no law saying you have to give the ex-employee such information. But ex-employees sometimes file defamation suits, and in such a suit he could subpoena anything he can think of to subpoena. Some states have enacted shiel…
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As Pork's post indicates, compensability of travel time is fairly complex - and your question doesn't give quite enough specifics. Is this 10 hours of travel in one day? Or are you combining the travel on both ends of the assignment? Do they driv…
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Your boss is right that he can polygraph if it's pursuant to an investigation of a specific economic loss to the company - the theft of the unit. But he can't just polygraph everybody. He can only polygraph those who had access to the property and…
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I don't think that's the actual statutory language. The full statute is an anti-blacklist law. The portion referenced by CCH *allows* a company to send a discharge letter without it being considered blacklisting, and it gives the letter an immunit…
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I'd be willing to bet it's 100% employer in every state. Remember, this is really a federal program that the feds allow states to handle in their own different ways. But there's a federal UI tax which you pay every year. Your state taxes are a cr…
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This month's poll includes the first part of your question. Brad Forrister Director of Publishing M. Lee Smith Publishers
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They probably can't reduce her pay retroactively. For the few days she's already been working, they'll have to pay her at the original rate. But absent a contract, an employer can generally lower an employee's pay prospectively. Brad Forrister D…
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Ironically, under the Age Discrimination in Employment Act (ADEA), your "senior leadership" may be able to impose a mandatory retirement age on themselves but not on anyone else. Partners, CEOs, and so forth sometimes don't qualify as "employees" f…
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Nick, If you're a subscriber, log in behind the password and click on the HR Answer Engine. It'll default to searching articles from the state of Washington. The search box in the left column just searches through the free information we've got…
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There is a Massachusetts WARN Act. Here's a brief quote from our Massachusetts newsletter: In addition, a mass layoff or plant closing may trigger obligations under the Massachusetts version of WARN. Mass. Gen. L. Ch. 175 Sec. 110D applies in cert…
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I don't suppose it's strictly necessary, but think ahead to how you'll prove that the employees knew what was in the handbook. If you can't prove that, you lose some of the protective litigation benefits of having things stated in your handbook. M…
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So, how about HR Nana in place of HR Director and HR Nanny in place of HR Administrator? Brad Forrister Director of Publishing M. Lee Smith Publishers
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Don't discount the possibility that you have a workers' comp issue. If she's really sick, or can get a doctor to say she is, and if it was really caused by new carpet or glue or whatever at the workplace, I'd bet it's covered. Check with your carr…