Down_the_Middle
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I think the company owner is right about creating precedents that you'll not want to live with in the future. About the time you make an exception for this plant manager, along comes "Mr. Smith" who expects the same thing and you'll be in an awkwar…
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Check your state laws to confirm whether this is permissable. Some states allow this to happen if the individual fails to report or quits abruptly during initial evaluation period, while others prohibit this. I would question your ability to colle…
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Without going into more detail than space available, I've used the voluntary piece as part of my overall RIF policy. Since the end result of lay-off is to involve and disrupt the fewest people, why not offer voluntary lay-offs to people who are rea…
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We do not offer employees any paid sick time for the illness of a child. While we offer sick time for employees, our position has been that employees who are medically unable to work s/b entitled to income continuation via sick leave. The employee…
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Unless your state has any restrictions to providing employees with copies of their file, I would recommend doing it. I can see no reason for not providing a copy. Failure to do so may lead the person to concluding all sorts of wild things and this…
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At the risk of trying to tell you how to build an airplane.....the proper "balance" is to ensure that the diversity of your workforce is at least equal to the diversity of your local/recruitment population. You'll seldom be criticized for having a …
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I personally share your concern and would NOT have offered this person employment until his disposition has been determined. There's a difference between being arrested and having your current felony case undetermined. Would you do anything differ…
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No offense, but that policy is goofy! Aside from the fact that the $40K is arbitrary, paying ANY exempt person additional hours is only not required, but makes those positions non-exempt for all hours worked. There is a 2 yr statute "look back" fo…
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I think the short answer to your question is YES. What's the alternative? Getting everyone or no one. Presumably there's some criteria for this appointment, but as long as this is done w/o discriminating against certain groups of employees, I can…
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Presumably, these employees will be paid for hours worked on these various committees. If that's the case, the employer can certainly designate addt'l job-related duties to whomever you choose. The key, however, is getting the individual to accept…
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Your risk of having a lawsuit always exists and some states/cities/local jurisdictions have laws that protect sexual preference. The bigger issue is having the documentation to justify this position elimination w/o regard to age, race, sex, sexual …
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I think you can express concern for this employee's health on the same basis as anyone else who would suddenly become incapacited in the workplace. Regardless of your industry, it seems to me the safety of the employee and co-workers warrants you t…
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Your definition of break is more like a meal period than a rest period break. It sounds as tho you're trying to decide if this is a work-related accident (w/comp) and there isn't enuff info for anyone to help you decide. Your internal investigatio…
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See my suggested response to the other post. I think the same advice applies to your situation.
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My advice, based on considerable experience, is to not get yourself involved in this issue. The court's order applies to those 2 persons w/o regard to where they may have contact and it's not your responsiblity to enforce that order. Trying to ref…
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Gar's right and if you can confirm that the employee was not directed by management to play, nor lead to believe that he was strongly encouraged to play, it's his own injury. I don't see any work-relatedness involved.
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About a million reasons!!!!!! Not the least of which is that the workplace is being treated as a residence and with that comes some liability exposure to risk/injury, can the employee use his "sleeping quarters" for personal activity, how do you se…
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I think many employers offer sick pay to employees who need time off to receive medical care for w/comp injuries. Prohibiting the employee from doing this generally stretches the absence long enough to receive indemnity paymnets via w/comp, so you …
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I believe this is a state specific issue, so it might make sense to check with your local counsel to confirm your subrogation rights with PIP. I know a number of states where this is permitted, but can't tell you it applies across the board for all…
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Sure you can pay him hourly. That might be the easier way to handle this since his availability is probably very limited and infrequent. He'll stay non-exempt until his guard duty relaxes a little or he returns to the fulltime position he previous…
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Suggest doing a search for "military leave". You'll find more info than you probably care to read.............
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At the risk of oversimplifying, it seems to me this guy's position is now changing to a salary level that is less than he currently makes. Once you've determined the value of the new position, I would sit down with him and explain what, why, etc...…
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I agree with Di's 3rd point. I think it's very appropriate for you to express concern over her safety and confirm what you as an employer s/b doing post-seizure. If you have an MRO or company MD, you might get their input regarding post-seizure sy…
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In the absence of other similar behavior by the supervisor I would not think that this isolated incident rises to a hostile work environment situation. While extreme and certainly inappropriate, you've not mentioned that there is a pattern. Quid p…
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It would be appropriate in my book. Presumably you had the employee sign an acknowledgement that his satisfactory completion of the EAP sessions was a condition of continued employment and failure to do so would result in immediate termination. Eve…
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Sure, and as long as you have this in place, exempt staff will be required to use the accrued time.
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If you've carefully reviewed your criteria for layoff and then determine that the employee is pregnant and can document why you've chosen the position, I don't see any problem in defending what you've done. You've left out alot of info that might…
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Thanks for the addt'l info. Based on that, it seems to me you have sufficient systems in place to keep the workplace free from drug impairment, so I would not tend to focus on LOA's who RTW. Those who are out on medical will have an MD's clearance…
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I think this question should be directed to your local counsel to confirm that there are no state law issues that may contradict what you're considering. On the surface there may not be a legal problem, but depending on the size of your workforce…
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With a 5 person operation I'm assuming you have no policies that govern this type of situation. Additionally, you don't have enough employees to meet the requirements of all the federal statutes that haunt the rest of us with larger operations. My…