Down_the_Middle
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Is the work area of the sales staff able to be smoke=free? Are individ offices avail or is this a large work area with partitioned areas? How much time does the sales staff spend in the office environment? Your description sounds like a WE vs. …
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At the risk of trying to respond to a very vague and guarded question........ Are you legally required? Probably not! Smokers are not in a protected class altho if all the smoker's are males and female non-smokers are complaining, your problem …
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What's so important about retaining people 30-60 days longer? If it is essential, then change your payment date so there's a hand-cuff period in there. My guess is that something else is the problem and is causing people to hang on til bonuses ar…
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I can't imagine that you are permitted to deduct the value of cash drive-offs from employee paychecks, but you should check with your state laws or local legal counsel to determine if this is permissable. Seems to me the problem is best addressed b…
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Need more information. Average cost of what? Employment? Salary? Benefits?
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I do think you can require employees to take at least employee-only coverage (as a prerequisite to being employed), but I'm not certain why an employer would really want to do this----other than to maintain minimum participation levels. It's kind o…
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Three (3) years following the employees termination is applicable for most of what you mentioned. OSHA records (#101 & 200) must be maintained for five (5) years.
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Since it appears the "wind" is blowing toward less notice, I would make every effort to inform the employee on a Tues or Wed., NOT on Friday. The remaining staff need some time to process the departure of their colleague and a Friday notification g…
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Having done this more times than I'm proud to admit during my career, I have some biases concerning RIF's. One of them is to give people a reasonable amount of advance notice. Remembering that this whole process is in a fish-bowl, employees will w…
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As an employer of more than 1700 employees, we offer "early paychecks" as an accommodation for individuals in a real jam. It's done with discretion and infrequently, but when we do it, it's necessary and much appreciated by the employee. I would a…
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First of all, there is no federal law that requires you to go to anyone, or for anyone to even listen to your concerns. If you reported to me, I would hope that you would come to me and express your feelings issues and concerns. It's very appropri…
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I think you have to check with your local counsel. Your state law will determine whether you are permitted to de-employ her as an at-will employee. Based on the info provided, I'm struggling with what she has done wrong.............. As far as co…
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Yup. Employees sign a universal receipt of company property form (e.g. keys, computers, beepers, phone, etc........)and the form is retained by their supervisor.
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We issue this type of equipment (e.g. beepers, cell phones, laptops, etc..)to employees as employer property , in much the same manner as if we had an office for them to work, they would have access to that type of equipment. As employer issued pro…
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Developing a policy for this type of thing, in my opinion, is the Congress approach and is goofy. I can't imagine too many workplaces (other than theme parks and child care centers) where bringing children to work (repeatedly) makes sense. I'd tel…
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There's no problem with asking a current employee any type of information that has a business related purpose. Things like: age, sex, race, marital status, etc......... are all perfectly acceptable. While these categories are frowned upon from a …
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Help clarify whether this "new employee" is still a prospective employee or has an offer been made and accepted????
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I personally prefer to have P/R report to Finance. There's a better check and balance and internal audit than if HR supervises that function. I've worked with it both ways, but prefer the reporting to Finance route.
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Not sure what you mean by "private information" nor what that means to you. You don't mention whether these results are obtained on a pre-employment basis or given to current employees. We view this type of info as private in the sense that we don…
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We require all three of the examples you gave to complete an application for employment form sometime during the screening/interview process. We get an occasional objection, but it doesn't amount to anything substantial and we insist that it's need…
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Smokers are certainly not a protected class in any state that I know of. One has to ask the question, though, as to the wisdom in doing this in such a tight labor market for most industries. While concern over smoking may be an issue for wellness …
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Non-unionized employers are NOT required to announce this (called Weingarten provision) to employees. The courts have said you must not deny the opportunity to anyone who requests it, but there's no obligation to announce it ahead of time.
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I do think it would be overkill...... Rest breaks are normally up to the department supervisor, workload permitting, so I'm uncertain as to the value of the employee signing something. It's unclear about whether you are an HR person or department …
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A non job related pre-employment physical sounds like an oxymoron to me. For all kinds of reasons, the physical s/b job related!!! This doesn't prevent everyone from receiving a gen'l physical exam, but the person's job should certainly be consid…
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If the illness is not compensable under w/comp and you don't have a light duty program for non-w/comp illnesses, then be mindful of the accommodation requirement under ADA. Is the disc disease a qualifying disability? If so, can you reasonably acc…
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Except for their medical spending account, I can't imagine how the over-reimbursement happened. If it was the MSA, you are not permitted to ask for reimbursement for dollars that have been over-paid. Congress viewed this as the quid pro quo for th…
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Not sure what you mean by "standard". If you follow the provisions of USERRA and any state statute that applies to you, you'll be in compliance. A search of this site on military leave will give you sufficient info.
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This is much more complicated than can be addressed here, but I'd be inclined to do couple of things: 1) I'd have conversation with her expressing concern over her well-being and suggest that she see her physician for a fitness-for-duty exam. You…
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This sounds to me like a contractual dispute (verbal contract) that will likely be hard for the employee to enforce. This individual has to decide whether to retain an attorney and pursue collection. If this "understanding about the bonus" was ver…
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I think all courts endorse the basic premise of: 1) an absolute english-only rule is not valid, & 2) requiring english-only in work areas where it is based on business necessity is valid. Prohibiting employees from conversing in their native t…