Down_the_Middle
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Hitchhiking on ParaB.... presumably you can define and substantiate the "affecting his work". If so, you can certainly require a fitness for duty exam and hope to get a medical opinion about the hearing issue. Once you know the extent of the h…
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We use the definition of "most recent continuous service" and that governs the calculation. I see this definition used frequently throughout the healthcare industry.
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Your desire to clarify the existing policy under the umbrella of "further defining the policy" is laudable, but probably not going to be successful. The strength of your management rights clause should help you determine how much latitude you may h…
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shepworth: Part of the problem might be from the definition that you use for "insubordination". Insubordination is the refusal to carry out a lawful order from a superior vs. an indignant, confrontational attitude from an employee. You may have pol…
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Ashlyn: While I share the concern over the officer comments, the issue is about sending the employee home based on performance vs. the uncomfortableness of co-workers. I sensed a bit of "how dare she do this" and that will likely lead you to a deci…
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I can't imagine the scenario you cite as grounds for constructive discharge.... The impact would have to apply to all individuals and I don't see any valid argument for remaining with the sinking ship and then claiming intentional destruction of th…
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I think 6 months is the longest time frame you'll want to go w/o pursuing another background check. Many employers use the 120 day rule, but I have used 6 months for many years and it has worked out fine.
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At the risk of being curt, treat this as you would/should any other termination conference. These terminations are generally less emotional and more straightforward, so treat it the same as the others (or your own) and you'll do justice to the unco…
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We do not charge employees for this type of information, regardless of whether the info is an urgent request or at someone's leisure.
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Your boss is probably correct in the belief that s/he can require the polygraph as part of the investigation concerning the theft. Unless your state has a specific prohibition (not likely since the Employee Polygraph law is federal), you can proba…
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If your organization permits partial day pay for non-work related illnesses, then you're probably looking at doing the same for this employee. Secondly, your state likely has a waiting period b/4 w/comp comes into play, so even if the injury is com…
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I have my own list of 12-15 states that I maintain as a personal resource. My suggestion is to go to the respective State DOL sites and gather what you need. Option 2 might be to use whatver HR resource you currently subscribe to: Aspen, BLR, CC…
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Every state you mention, except Florida, has a state code that requires accrued ETO to be paid upon termination. While Florida seems to be silent on that issue, it's my understanding that FL views ETO/PTO more like wages and this may obligate you t…
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It took me awhile to realize this, but capping vac/ETO accrual is a far less inflammatory term than "use it or lose it". Many states prohibit the loss of what's been accrued, where capping an accrual is perfectly acceptable. This is a legal as well…
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This proposal is not yet law......... Last Friday, House Republicans defeated a Democratic blocking tactic that was underway to block the proposed statute changes. It now has to go to the Senate for deliberations........
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Remembering that an employer has the right to set its dress code as it deems appropriate and altho there is the obligation to administer the code in a non-discriminatory manner, the short answer to your question is probably YES.
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Is it your normal practice to have employees sign all new policies???? If so, then you're probably forced to continue your vigilance. If this is not a normal practice, I'd verbally confirm with her and make a note in her file indicating that while…
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indivctr: Working in healthcare (the King of the on-call industry)we do not pay any exempt employee for being on-call. It is part of their job and they do it w/o any addt'l compensation. I do know of some smaller health facilities that choose to …
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Many states have u/comp verbiage that requires "good cause attributable to the employer" or such similar language. If your state includes this exception, then I think your best advice is to have your friend "just state the facts". Intentional emot…
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I can't imagine the value in keeping in the master pers file. While it may have become separated from a bereavement form, I certainly wouldn't keep it.
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I wrote an article once on "Employers who don't deserve to be in business" Boy, what a classic example this would've been......... The advice on contacting your local DOL (wage & hour division) is correct. If the local folks don't seem intere…
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I agree w/Balloonman--------------- permitting someone to re-take the test after submitting an adulterated specimen is worse than a bad idea. If your policy does not define what an adulterated test is AND that this constitutes a positive specimen…
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Don D's right................ lost my head for a minute!#$%^&!
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Deez: Go to [url]www.dol.gov[/url] and then do a search for FLSA (Fair Labor Standards Act) . This is the section that deals this topic. It'll give you some essential information as you raise the question to your "doubting Thomas'"...... Good l…
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Deez: The issues of independent judgment and discretionary thinking are essential to any position deemed to be exempt. The position must be able to think outside of the box and make judgments considered to be material in nature-------- The DOL au…
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Ethel: My suggestion would be to see how the CEO wants to handle it. Couple of options: 1) only officers of the corp/organization can duly sign contractual committments; 2) only those authorized by the CEO; or 3) must be a member of the manage…
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I encourage the involved department to inform its employees that XXX is no longer working for the organization and we wish him/her well ........... The word just migrates throughout the rest of the organization.
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My advice is "a card layed is a card played"....and unless there is some compelling reason to withdraw it, I'd recommend going with your first decision. The risk in withdrawing the offer is having the initial candidate claiming promissory estoppel/…
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Sandra: Two addt'l suggestions that may or not be obvious: Have sufficient documentation to show that the displaced employee was considered eligible for transfer to another position or department. Being able to show that you considered this person e…
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I would agree with the other posters ONLY if this e-mail was sent to a member of management. This type of communication between employees is hardly an official notification and shouldn't be viewed as such. Is this method of communication any diffe…