Down_the_Middle
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Many states have reg's on what you are prohibited from doing, but I know of no such rule for permitting the employee to review their file at anytime in accordance with reasonable rules established by the employer...... Restricting an employee from …
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Aside from the basic rules of prohibiting solicitation on working time and in work areas, I think your questions can be best answered by your labor counsel. Solicitation/distribution is a complex issue and varies a little by industry, so giving you…
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Your question is much too broad to answer due to the absence of so much info. Size of workforce; expected # of RIF's; history of RIF's at your org; governed by state/Fed WARN act; positions being earmarked; etc.... You will save some time if you…
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Rather than "bandwagon" you with advice for how to proceed, I'd like to only clarify the "insubordination" reference, whether your use was intentional or just symantics........... Insubordination is the REFUSAL to carry out a lawful supervisory d…
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donicek: Don't lose sight of the fact that a simple fracture w/cast may not necessarily incapacitate the employee from doing the essential functions of their job...... It may be that the employee is truly unable to work, but presumably you'll get t…
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For what it's worth----------------- I've never experienced (or witnessed) any success with non-frat policies. Don't think it's unique to me, but it's on the order of legislating civility!!!!! It's just awkward and difficult to do. Certainly wit…
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owenlady: I share the thinking of Linda S. in that: an absence (occurrence) is an occurrence. Trying to differentiate will result in the dilemma of excused vs. unexcused absences and the myriad of options will evolve. If attendance is an issue fo…
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I'm only aware of a couple of states that permit the employer to seek reimbursement from the employee if they do not satisfctorily complete the orientation period. In this case, the offer of employment is likely withdrawn and other cand's are consi…
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LindaE: Are you in an HR leadership position??? Someday this same "situation" will come your way and won't it be interesting when you hear---"she's useless"..........
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Scorpio: For what it's worth-------- I'd let the immediate Suprv and Bus Op person make those operations decisions and relieve you of the apparent burden for tolerating what they're doing. Assuming your role is in HR, seems to me you're fretting o…
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I saw a Wellness policy the other day that encouraged people to remember that the sun provided Vitamins D & K, yet offered wellness dollars for spray tanning to avoid the sun's damaging rays; or the policy that required all employees to have wor…
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Kymm: I would be careful about trying to craft a different absence policy for your "temp" or on-call staff. You'll run into disparate treatment issues that'll be difficult to justify. Having numerous PRN/on-call/perdiem staff in healthcare, we app…
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By all means take advantage of the mediation. The amount of discovery on the front end is generally less than if you proceed to trial. There's no obligation to accept the mediation result (altho you should approach this with intent to settle the d…
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This notion of price fixing has been an issue for the FTC for many years. Technically the caller informed you correctly, but only if you use the market salary data exclusively for purposes of establishing market dominance with pricing. In the 20 o…
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These are scary threats, but I'd suggest doing this: See if one of your current employees (former co-worker of his) would check in with him to see how things are going. If it looks as tho he's distraught and "at risk", contact your local crisis lin…
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The easiest way to address this issue is to withhold what the employee states and stop trying to police the issue. It is ultimately the wage earners issue and as long as the employer acts in good-faith (with a signed W-4), that's the extent of your…
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The suggestion is clever . Hope it works. I wouldn't lose any sleep over something like this and wouldn't even consider "harassment" unless the employee goes off the deep end with performance issues. This could be an admirer, a prankster, someone…
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Kymm: Your employer policy should normally answer that question, but since it doesn't............. There's no fed statute that addresses this so you'll want to review your state statutes also. By definition, most layoffs are temporary otherwise t…
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lhill: While pay in lieu of notice is a variation of "severance",keep in mind some states few a "pay in lieu of notice" as a discharge for unemploy/comp purposes and prohibit shortening the pay in lieu of notice period (e.g. employee is required to…
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LE: Having lived in both worlds, my preference is to not have a formal severance plan. Doing so, will likely require you to comply with ERISA and other asst'd reg's and it's just too much busy work for its infrequent application. I much prefer to …
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In addition to sending it certified, you should also send a 2nd letter via 1st class mail. If the employee declines receipt of the letter, many Courts will permit you to argue that the letter was delivered via U.S Postal Service, 1st class mail. T…
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Elle's right about Illinois. I came to this state 18 months ago and despite having a Masters and 25+ yrs experience in HR, the SPHR cert was a big issue. Go figure.........
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Seems to me you're accepting a burden that is too awkward to bear. While you may have a good argument for creating a centralized list of employee numbers, it's not a good idea to distribute this to the entire workforce. I'd let each department/sect…
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Good Lord........ya'll are scaring me. Either you've pre-conspired to solicit reactions or ya'll are truly convinced that's the route to go. I do not. We send an acknowledgement card to EVERY applicant that applies (solicited or not) to simply a…
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Geeeez......... I-C status is the way to go for this type of arrangement,,,,,,,,but...... The path of least resistance is to employ them on an hourly basis, control the amount of hours that they work (overtime) and view them as casual labor fo…
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You'll find some opinions who might recommend----wait till you get the subpoena; while others will suggest just the opposite. I have a few dents in my armor from the times a CEO or COO took a hard stand and said, "Let 'em subpoena us if they want t…
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If employee retention has some value to your org, I'd recommend informing the Supervisor of what was 'heard". Let the Suprv determine whether or not to intervene. I see nothing of implied confidentiality by the passing remark.
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While I disagree with the current "legal opinions" that are surfacing on EOM awards many large labor firms in the midwest are now advising employers to go lightly on employee recognition programs. These programs allegedly become the achilles heel w…
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Pork's right............. Not only will that little "piggy squeal all the way home", but your chain-of-custody credibility will look like swiss cheese. Suggest you choose another direction.
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I'm still reluctant to consider HWE as anything other than part of Title VII (sexual harassment), altho I know ADEA is now starting to use HWE language. Unless someone takes politicizing to the extreme,I see this as analogous to proselytizing for r…