Down_the_Middle
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Rockie: I don't see the safety violation issue here, for failure to provide licensure; rather a suspendable situation for failure to satisfy the prerequisite for working---- a valid license. We suspend our exempt, licensed staff frequently when the…
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There is no federal law that governs unemployment eligibility, so I would go to the respective state and verify that language. It may apply, but I'm very suspicious that the verbiage is "home-made".............
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This looks to me like language from the Drug Free Workplace Act (DFWA). If your employer has chosen to be covered by this (or may be required), then I would suggest learning more about this federal law since there are numerous other provisions that…
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You don't provide enough information to make an educated statement about illegality. If the affected individual is being treated differently becuz of age, race, etc....., there may be an argument for some type of illegality. This severance plan---…
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Unemployment is a state program........... all states have a minimum # of hours someone must have worked and a minimum dollar earnings.
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Unless you have a policy or past practice of paying overtime for all hours paid, sick time is not included in the FLSA calculation for O/T. O/T s/b payable based on hours worked.............
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I think Gar's advice is right-on-the-money. She needs to be informed/enlightened about the employer's dress expectations and this conversation CLEARLY will not rise to any discrimination or harassment issues.
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Cat: It sounds to me as though the employee earned/accrued his 2002 vacation during the 2001 calendar year. Therefore, on Jan 1st, 2002 he's entitled to be paid for that time (as wages) if he terminates. Had he terminated April 1st, he would proba…
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The moratorium you refer to presumably means"what waiting periods apply"... Wrongful termination is a catchall phrase that covers the exceptions to federal discrimination laws, so your state laws probably address this issue. The time frames for fi…
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As a general rule, EEOC charges (for religious discrim) must be filed within 180 days of the occurrence. Complainants then have 180 days from date of filing to proceed with civil action. The specifics of your case may require that you get some leg…
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Regressive bargaining is an expression where the employer's offer becomes less favorable over time. For example, over the course of the negotiations, the employer will whittle away on a previous offer and water it down or change it. It's designed …
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Remembering that obesity is not a protected class, my guess is that this employee probably falls into other protected categories as well and while talking to him about his weight might be acceptable, it may cause him to look to "other areas" in self…
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It's hard to specifically advise you not knowing your policies on max LOA allowed, has COBRA already been activated, etc....... The one thing that is clear to me is to NOT handle this via mail. This lady's supervisor s/b coached and should either …
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Dianna: There are a ba-zillion trainers out there that can help you, altho like anything, "caveat emptor"..... If the I-Net doesn't produce any prospects, try [url]www.astd.org[/url] The Amer Society of Tr'ng and Development has a site with chap…
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The real issue here is impairment and your ability to "question" employees who appear to be under "some influence". Trying to differentiate between legal and illegal is a dangerous trap; rather s/b focused on one's ability to perform their duties f…
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It would help to know a little more about your intentions or major concerns. It's unclear about whether you're hoping to require employees to announce their use of any such OTC compound or whether you can address any impairment concerns solely on t…
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Having some experience working in a VERY rural environment where guns in vehicles were as common as child car seats, I understand your dilemma. With all due respect to the excellent advice that's been given, I know that reality makes this awkward a…
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I think the new employee is now yours to deal with. The opportunities to either prevent the rehire or discontinue employment are likely gone and I'd suggest letting the individual make his own path. The infraction of 17 yrs ago is certainly less s…
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Assuming everything is at face value--------there doesn't sound like any illegality to me. The employee who may be tansferred with a salary reduction can certainly accept or reject that offer and may end up leaving the organization. Assuming ther…
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641lee: It's extremely difficult to generalize over a topic that is certainly covered by a written document/agreement. One would have to review the stock options document to help answer your questions. I would recommend that you get some legal ass…
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I can tell you that this is not legal in Louisiana and I don't believe it's legal in many other states. {I hate to make such a general statement, but when I researched this many months ago, I remember this issue also being verboten in many other par…
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Cathie's right. I believe all states now specify that accrued vacation is considered wages and the "use it or lose it" situation reduces the wages of those involved. You might want to re-think this policy and shift to sometype of max accrual polic…
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It's too early to speculate on your liability until after you've discovered all the facts. Once you've interviewed the accuser, accused and relevant witnesses, you'll be in a better position to know your liability. More importantly, you'll then kn…
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Bottom line's the same altho different routes to get there....... Essentially, the retirement route normally requires amending your plan to provide a financial incentive for someone to leave early. This is frequently down as a downsizing method whe…
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I'm unclear why a "poor performer" s/b incented to retire early (presumably with enhanced benefits, bridges, etc...) If performance is the issue, why not deal with it? Has the employee been informed of the problem areas and been given clear instr…
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I can't wait for the answer to Gar's question, but in the meantime, Title VII would not apply to this small employer enabling a S-H lawsuit, but PA law might provide some state relief. You'll have to check with the PA statutes........
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This varies among organizations and while a strong argument can be made both ways, my personal preference is to NOT allow a sunset provision for disciplinary actions. I believe if it was important enough to be placed in the pers file, that it shoul…
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W-4's do not need to be completed on an annual basis. You can continue using the most recent W-4 until the employee submits a change.
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I would question your ability to find a 'bona-fide HR department' that will have a broader approach to physical appearance and hair length. A small department within a small employer would be more likely to tolerate shoulder length hair than workin…
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If you worked for me, I'd be inclined to do this: 1. have a chat with you 2/c what the "long hair" desire is all about. Not knowing your organizational culture, it might be significant for HR staff to maintain a more conservative appearance. This…