Down_the_Middle
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- Down_the_Middle
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I think you have more of a legal obligation to protect civil rights claims than you might realize. While it may not be necessary for you to suddenly embark on an Affirmative Action Plan (to correct disparities in the workforce and underutilization …
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Explaining how to build an airplane might be easier, but some things to think about: * Do you have a state statute that deals with surveillance, employee privacy??? * Does your "need to know" significantly outweigh the employee's reasonable expect…
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Perhaps the best way for you to determine if hostile work environment existed is to acknowledge that this type of harassment is typically based on a pervasive and unfavorable work environment. Isolated incidents do not typically warrant HWE and the…
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I don't see where FMLA applies due to the age of the daughter (over 18 and incapable of self care due to mental or physical disability). The physical disability issue must exist prior to the onset of the "serious health condition" to qualify, since…
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Addt'l information is needed to offer you a meaningful response. Is your organization subject to the DFWA or OTETA???? If so, then you're probably required to offer rehab and counselling. If not, then I would have the same questions as Gar b/4 …
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We've just changed a long-standing policy of name, rank and serial number and now converted to sharing what's documented in the personnel file. Under the premise of "truth is an absolute defense" we're tired of sending poor performers down the road…
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In the absence of a longstanding situation where the discharge or resign issue is allowed to continue, I do not see constructive discharge being involved your brief scenario. Constructive discharge generally means that the work environment was allo…
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I don't see any basis for a discharge. This seems to me to be a disability issue where you now go down the path of determining work-related or non work-related injury. FMLA may be a valid issue, so don't lose sight of that based solely on the inju…
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Since neither federal nor Louisiana law requires rest breaks, it doesn't appear any violation has occurred. Aside from questioning the merits of that decision, rest breaks are the employers perogative.
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I think the case-by-case suggestion makes sense, altho it does nothing for how you should actually proceed. I'm also assuming you have no current policy that prohibits former employees from being in your bldg/work areas. My experience says that i…
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The most concise response I could offer (w/o knowing all the facts) would be to ask the victim what he/she would like to have done. This is very important if the allegation goes outside your organization. If you've determined that your policy has …
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An oral swab (looks like a Q-tip) is now on the market and can identify alcohol in the mouth with 98% accuracy that alcohol exists in the blood. We use this first to confirm the presence of alcohol and then proceed to drawing blood. It's less inva…
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It's difficult to comment on what YOUR policy says, but......if you've drafted a policy that addresses odor of alcohol as grounds for reasonable suspicion of impairment and your policy includes that any member of mgt can impose the testing, sounds t…
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I've wrestled with this repeatedly and even though this info is regarded as public information, I've always chosen to NOT post it . Would be intereted in hearing how others have addressed this.
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Having some experience with this same type of thing, I found that going to the 6 employees and talking with them about DD is much more productive than mandating the issue. Find out what issues/misconceptions they have. Domestic issues frequently p…