Gar

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Gar
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  • I just completed Gore Vidal's "Lincoln." It has nothing to do with HR work but it is a reminder of how times have changed over the past 136 years since the Civil War. Just think, although slavery was all but abolished by early 1865, there was no m…
  • It seems to me you certainly have an obligation to investigate the alleged threat. But first, get legal counsel.
    in Hearsay threats Comment by Gar July 2001
  • It seems to me that employers have an obligation to assure that employees are not under the influence at work for one very good reason (safety). If an employee is under the influence at work and causes an accident that results in an injury and the …
  • In my more than 20 years in management roles I have been fortunate enough not to have to fire anyone - though I've recommended it more times than I care to recall. One thing I've found to be very true. Most employees, when given adequate counselin…
    in You're Fired Comment by Gar July 2001
  • In North Carolina and other states teachers have to take competency tests. So, why not other kinds of employees? Because of the so-called "halo effect," you can't rely only on performance evaluations to weed out those who aren't cutting it. As long …
  • It seems to me that you have the right to tell anyone who calls/writes in whether a person is or isn't employed with your firm. Since the ex-wife isn't an employer, I wouldn't have disclosed the employment dates and since she isn't a former employe…
  • The sixty-four thousand dollar question is: Does the manager have power, either directly or indirectly, over the employee's terms and conditions of employment. If not, with all due respect, mind your business. If so, approach the manager and advise …
  • I can see a male employee file and win a claim of gender discrimination because he receives no financial benefit, deferred or otherwise, for being disabled while a female employee does. Moreover, I can see a male employee prevail in an Equal Pay Act…
  • There are a number of things you can do. First, if you haven't done so, obtain from the former employee the names of the staff whom the supervisor is supposed to have acted inappropriately in front of. Find out who the visitor's were and why the e…
  • I haven't put together an affirmative action program for people of color/women in a while. I believe you should contact your local office of the Office of Federal Contract Compliance Programs (OFCCP) which is an arm of the US Department of Labor. T…
  • I agree with Down-the Middle and funkysan. The mental/medical impariment had to exist before the need for the surgery. Also, since the period of incapacity as a result of the surgery is temporary, the daughter isn't covered post-op either.
    in Family Leave Comment by Gar June 2001
  • Well, the cat's out of the bag now! I don't know what your policy says but most I've seen indicate you can have a person tested for "reasonable suspicion." That usually means there is evidence or a very strong suggestion that an employee is under th…
  • I'd want to know the answers to several questions: 1. How long has the person worked for you? Based on your comments, it seems he has been with your firm for a while. 2. It sounds as though he was recently tested. If so, why now? 3. Was he test…
  • To Down-The-Middle. You folks have a lot of guts. What you're doing makes sense to me, personnally, because I don't like the idea of passing on poor performers either. But I wish you luck. Do me a favor and mark your calendar. If we're still her…
  • In my previous HR life I worked for a major hi tech, Fortune 100 company. I now work for a government entity. I mention this only because these two employers are so different yet both have exactly (almost word-for-word) the same policy on references…
  • I'm inclined to agree with Down-The-Middle. If the employee quits (takes the offer to resign), the burdon of proof is on him/her to make the case that he/she was forced into resigning. As long as your documentation demonstrates that the employee "go…
  • To Gillian: Amen!
  • One more thing, FMLA doesn't apply in this situation because, according to you, the employee has only been with you since March. She had to have been employed by your firm 12 months to be covered by FMLA.
  • I agree with Down-The-Middle. The attendance problem and performance problem should be treated as seperate matters. As soon as the employee returns to work, place her on a 60-day performance improvement plan. Monitor her performance to include reg…
  • It seems to me that your production employees may have a legitimate business-related need to wear shorts. If so, the needs of the business should be your guide in this matter. If there is no business need and to eliminate confusion/controversy, it…
  • You should check with your state's labor department to determine if there is a Louisiana statute requiring breaks and/or lunch hours. Regarding federal law (the Fair Labor Standards Act), employers aren't required to give employees lunch hours or br…
    in Breaks Comment by Gar June 2001
  • It wouldn't hurt to get the parties together in private and advise them that you and perhaps others are aware of the romance and that appearances are very important. Otherwise, I suggest that unless there is evidence of inappropriate behavior as a r…
    in Office romance Comment by Gar June 2001
  • Sounds like a novel idea. Afterall, professional sports teams fine their players who misbehave, why shouldn't other employers? I'd like a legal opinion on this.
    in Fines Comment by Gar June 2001
  • I know the feeling well. At my last place of employment we had the same rule. The HR Vice President, of all people, got around the rule by hiring her stepson as an independent contractor. He had no special skills. He ran the copier and did other …
    in frustration!!! Comment by Gar July 2001
  • Good lord Margaret, and I thought I'd seen it all! OK, here goes. 1. A minority female employee claims "race discrimination" because her ex-boyfriend, a minority male employee whom she dumped, starts dating a white female employee. 2. A guy cla…
    in frustration!!! Comment by Gar June 2001
  • One that breaks me up is: "What are your defencies?" Yeah, right! Like I'm really going to tell an interviewer my job-related weaknesses to have them used against me as reasons why I'm not suitable for the position.
  • Case-by-case is certainly the best way to go. There are times in which you should notify staff of situations and there are times where it would be inappropriate. It's one of those balancing acts where a little common sense goes a long way.
  • To AMW: Think about it this way. Your employer publishes and distributes among all employees a list containing your names, addresses and phone numbers. Many of these employees, including you, have unlisted phone numbers and addresses. Six months la…
  • You're asking for trouble. Forget it!!!!
  • My understanding is that since exempt employees are paid a salary (weekly or monthly), you must take the entire salary or portions of it equal to weekly increments. But, be very, very careful because the employee's status can determine the penalty. …