Down_the_Middle
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There's no legal requirement that I know of; however, a cavalier comment can become a legal issue. What's wrong with telling the candidate the truth? Assuming the decision was job-related, did the candidate not have the position prerequisites, or …
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I think additional information is needed, such as: who's asking for this info?; what might be their purpose---employment related?; you apparently do not have written authorization from the employee to release the info?; is the inquiry via telephon…
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Don't forget to check your state laws for specific things that may be more generous than USERRA. Many states have provisions that are activated in the event of declared War(e.g. continuing all insurance coverages at the same payroll deduction rate …
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I'm not planning to revise our arbitration agreements becuz our employees incur a sliding scale cost with $200.00 as max. My understanding is some of these courts are determining that the employees cost is excessive and therefore a problem. A bigg…
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Unless the HOME, or RESTAURANT was a work-related site or involving a work related function, the answer is NO. Title VII applies to the workplace and thank goodness, does not require HR to keep tabs on what happens away from the worksite.......
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Our program is structured under the Drug Free Workplace Act in which we give employees one chance at continued employment. Their continued employment is contingent upon satisfactory completion of a rehab program, they are subject to random drug scr…
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We've just completed exhaustive research on this and rather than use this site to promote what we decided, if you e-mail me I'll share my results with you. I can tell you that if you're not looking at 20-25 foreign nurses needed over the next coupl…
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A word to the wise........altho this is not rocket science stuff, there are many isues that must be addressed to ensure that the person is legally permitted to work, have an active visa, etc....... Spend a 1/2 hr with an INS attorney to be certai…
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I've certainly "been there", but not for a short 2-week situation. Given the info you provided, the WARN act shouldn't apply and apparently you don't have a current policy in place that requires the use of accrued paid time off b/4 going on unpaid …
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Rely on the MD's statement which will certify ability to work. If the MD says the employee can work, then you shouldn't have any issues with this being communicable. LTBI is probably an exposure to the TB bacterium or is the result of a positive P…
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Not knowing your industry, type of business or geographic location makes it very difficult............... My last recollection on this issue was that the EEOC presumes that an "English at all times" policy will probably violate Title VII and be d…
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It's not clear about whether her recent misery is related to the SH investigation----e.g. presumably she was satisfied with the investigation/decision or at least understood it; is not continuing to be victimized by the situation, etc........ I k…
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We address this problem by requiring the pre-employment physical exam to be done prior to new employee orientation. It doesn't always work like that , but certainly the majority of times.
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Your pursuit of case law may have value here, but I think the larger issue is your current policies on communication (e-mail, voice messaging, internet use, etc......) If you don't have any written policies, then disciplining this person may be a g…
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If you confirm FMLA is not an issue and have concluded that addt'l accommodations are just not prudent/practical, I'd tell her what's expected for starting times, in writing, and hold her to it along with everyone else.
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It's unclear whether you have a no-fault policy on attendance and this may be academic if you're anticipating an FMLA issue, but this is how I'd handle it. I would proceed with whatever disciplinary action is warranted under your policy based on th…
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The MANDATORY REQUIREMENT is probably a management decision and the edict, in my opinion, is essential to having a solid, equitable policy. The success of your program rests with the management team and how they view the policy, interpret it and en…
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Older Workers Benefit Protection Act signed into law in 1990....
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This probably warrants review by employment counsel. While "Anne" received "consideration" for signing the release, more and more courts are allowing the person to come forth and file suit, due to technicalities and OWBPA issues with the release. …
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Unless there's an OSHA guru out there to tell us differently, I do not think there is such a thing required by OSHA. I've never heard of that b/4.
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I concur with Hatchetman's response. For what it may be worth----- for those infrequent times when the E/R's person did not disclose this info to the employee (inadvertent oversight), the topic was surfaced at the conciliation conference and the em…
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It seems to me your strongest argument will be whether your current minority population of employees mirrors your local labor market. If it does, then Gillian's right-----decide whether this a battle to fight over. It you have underutilization, th…
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If you already have an independent contractor agreement (that satifies the required IRS features) that he can sign, I'd probably go that route. If you don't have such an agreement, it'll take too long to develop it for a 1 day situation. I think I…
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At the risk of over-simplifying........... I think what you're referring to is the term "protected, concerted activity"----which means that when 2 or more employees engage in conversation about things like, rates of pay,, hours of work, assigned d…
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I've been doing random testing for about 3 yrs and it's been working quite well. My first advise would be to not selectively test pockets of the employee population........Rationale? The credibility of random testing will be greatly enhanced if A…
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You apparently do not have a SOLICITATION/DISTRIBUTION policy which would govern who, what, how and where employees can be solicited for financial or in-kind support. Without knowing the size of your organization and important particulars, this typ…
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If you have labor counsel assisting you with contract negotiations, etc., I'd recommend checking with them. If you have dues check-off in your contract, then I believe you're obligated to correct the error and submit to the union. If your deductio…
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Understanding that we already have a section 125 plan in place....we've moved to offering fulltime w/o benefits for many of our hard-to-recruit positions. It has been successful altho the majority of interested participants are those with less expe…
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I would NOT recommend that this be done. Unless there is observable or performance based impairment signs, the supervisor's inquiry will make it an ADA issue. It's not the supervisor's job to counsel someone on potential effects of narcotic use, u…
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Having experienced a random INS inspection a short time ago, the inspector made it very clear that photocopies are necessary to verify the employees right to work in the U.S. He and I discussed this very question and he told me that he issues citat…