Down_the_Middle
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From an organizational standpoint, this should save you some $'s.... Employees, however, will almost certainly view this as a "take away" and while you're free to change the benefits at your discretion (assuming there's no CBA), you'll likely have …
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While this may very well be viewed as "hostility", it doesn't sound as though it's hostile work environment under Title VII. The conduct doesn't appear to be of a sexual nature. Your particular state might have a statue that would view this behavi…
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Having been in healthcare for many years and previously at a corp office, my simple suggestion is for corp to encourage the employees to submit their issues at the facility level. While this is sometimes difficult for corp staff to do, you're reall…
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jdurbin: Your dilemma is not unique......... Why does it generally involve pretty solid employees who choose to do it their way??? Attendance and reporting to work on time are fundamental requirements to remaining employed and perhaps your empl…
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This might be a case of acting prematurely by offering the other employee the full-time status. If the military call-up fizzles, seems to me you go back to the other indidual and explain the situation. An awkward, but valuable lesson to be learned…
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Your particular state u/comp rules will determine your liability for comp benefits, but I question how much liability you'll have. Many states require that the employee work a minimum # of weeks or earn minimum $'s to establish eligibility and this…
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Nrdgrrl: Keep in mind that current users of illegal drugs are not covered by ADA and while alcohol IS an ADA disability, this person has the same performance expectations of other employees. FMLA applies if treatment has been initiated by the indi…
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Presumably you are not a Drug Free Workplace (DFWA) employer----by virtue of your 1 strike and you're out philosophy. While I understand your intolerance for the behavior, I come to this area with a bias of working in healthcare for many years and …
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Donna: I would re-read USERRA again, cuz you'll find that an individual can voluntarily enlist in the military, leave your employ and go off to see the world. At the end of the military obligation, the enployee must give you notice of intent to ret…
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Unless this person's current physical/emotional condition qualifies as a serious medical condition (which warrants counselling)AND until the condition prevents her from doing the essential function of her job, I would not be inclined to treat this a…
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I'm not sure what you mean by a "military discharge", but you can certainly ask about the type of discharge received from the military. Presumably, you'll ask this of all cand's with military service and they'll tell you---honorable, dishonorable, …
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Without knowing more details or the state you reside in, 365 days from date of discharge applies to all EEO claims.
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You are apparently not a Drug Free Workplace Act employer----DFWA requires that 1st time offenders are required to undergo drug rehab/analysis to determine the extent of their positive test. They are required to undergo the prescribed treatment and…
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I've used eight (8) consecutive pay periods to govern whether they s/b moved to FT status. It's worked quite well and enables you to have flex staffing for those times when you really need it.
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Been there done that, so here's my experience---------- We decided to impose a mandatory agreement for certain employees who were doing much what you suggest. I think you're referring to a restrictive covenant vs non-solicitation, but the essence …
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Rockie: Nice thought, but I doubt the U.S. will sacrifice "production" in exchange for a shorter work week. Some employers have done this and then supplemented the hours with other staff, but total hours are unchanged and production is maintained.…
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Yup........ The "control" issue which translates into being an employee applies to how the work is done.
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Don's right. File the info away and use it for your advantage the next time a "charge" is threatened. I previously worked for an org where we averaged 15-18 charges/year (and never received a probable cause determination) and after > 100 of th…
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Depends on which state you live in, but pls do not waltz out and buy cameras w/o understanding the legal implications of what you're considering. Get some local legal counsel or research the privacy reg's in your state b/4 making a huge mistake.
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I concur with Don's assessment and would discourage the use of SSN #'s for payroll. They are too easy to access and leads to the potential for abuse and breach of your system. You would be surprised how many IT reports MUST have SSN identifier inf…
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pecohr: I took a different approach with the union and negotiated a specific attendance policy that was no-fault and had progressive steps that lead to discipline/discharge. I believed this approach was preferred becuz it substantially reduced the…
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I have two (2) suggestions; neither of which have ever been highly valued by the labor union: 1) involve the union rep and obtain their assistance in lobbying the employee to use a more reasonable approach; or 2) effectively negotiate language in …
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Yes, I beleive the same holds true for this also. If the info comes directly from the health plan it's covered; otherwise not an issue with HIPAA.
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I had the same question a few weeks ago and determined: HIPAA affects compliance with FMLA ONLY if the employer gets this type of info directly from its health plan. Receiving medical information about an employee's FMLA status (from a medical pro…
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You'll be required to offer this person the same benefits that are offered to all other employees in that same classification. You didn't mention whether this person is a pensioner of your company. If so, your retirement plan probably has provisio…
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Rockie's absolutely correct. The employee's message that he's BACK has put you on notice that he's looking to discuss re-employment-----assuming he wasn't doing a Schwarzenegger impression!. Confirming everything in writing places the appropriate …
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A reservist who has been gone for 1 yr has ninety (90) days from date of discharge to re-apply at your org. While there are some exceptions to the automatic return of the veteran (e.g. changes in employer business, undue hardship, etc...) your obli…
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Can you not begin adopting the new age limit and continue employing the 15 yr olds until they reach the magical age? I would be reluctant to lay-off 2 experienced employees only to HOPE to hire them back when they reach the age of 16 in the future…
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Sure. We had some criticism, but it boiled down to offering coverage for those networks that were in their geographic areas. We eventually agreed to "supplement" coverage by agreeing to pay the OOP cost differences for a couple of treatments/proce…
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You can clearly offer a different health plan to your different employers/markets as long as each plan is independent and not part of a master group plan. The risk in trying to offer a master plan with variable plan designs is the risk of not being…