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Gar

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Gar
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  • This is an easy one. You'll obviously need to conduct an investigation but first, contact your legal department. Obtain attorney/client privilege coverage so that anything uncovered by the investigation is protected by the privilege. Next, if you…
    in Investigation Advice Comment by Gar June 2001
  • Race/ethnicity and the EEOC aside, there has to be some degree of reasonableness in these situations. It's not reasonable to fire employees simply because they get arrested. If the crime is job related (theft and the employee is a cashier) we place…
    in employee arrests Comment by Gar June 2001
  • We do not instantly fire people because they are arrested even if the act is related to the job. Nor do we ask applicants if they have ever been arrested. Because of the society we live in, people of color, primarily Hispanics and African Americans,…
    in employee arrests Comment by Gar April 2001
  • I haven't had this situation before but it seems to me that since the employee is in the slammer, fire him/her.
    in employee arrests Comment by Gar June 2001
  • This is a minor point but if the former employee requests copies, charge him/her for them.
    in Access to Personnel Files Comment by Gar April 2001
  • A classic case of job abandonment if ever I've seen one.
    in Reneging on Resignation Comment by Gar June 2001
  • Theresa, Your understanding of Weingarten is similar to my understanding.
    in Weingarten Rights Comment by Gar May 2001
  • My understanding of Weingarten is that an employee in a collective bargaining unit has the right to have a representative with him/her in a meeting if the employee has reason to believe the meeting is for the purpose of or will lead to disciplinary …
    in Weingarten Rights Comment by Gar May 2001
  • Hi Reggie. I had a feeling this was going to happen. We may need some interpretive assistance here. My understanding is that although the FMLA is clear about employer contact with health care providers, such is possible with the employee's permissio…
    in HIV Positive Employee Comment by Gar May 2001
  • My only suggestion is that, in view of the language in the FMLA, be sure to obtain the employee's permission before consulting with his physician.
    in HIV Positive Employee Comment by Gar May 2001
  • In my previous HR life for a large corporation, we received anonymous tips alleging illegal drug use. We spoke to the employees' supervisors to determine if they had any suspicions about the employees. If not, we ignored the tip. Think about it this…
    in Anonymous tip Comment by Gar May 2001
  • Can you transfer the employee to another job where there is no contact with the public and limited contact with coworkers? If you can, be careful about treating/regarding the employee as having a disability. Such could hamper future employment termi…
    in Body Odor 'Medical Condition' Comment by Gar May 2001
  • First off, since there doesn't appear to be a reasonable cause to terminate, I wouldn't do it. Secondly, that the employee is bi-lingual begs the question of his/her ethnicity. If you terminate without good cause and the employee is, lets say Hispan…
    in Termination of At-Will Employee Comment by Gar May 2001
  • Just curious. What were the slurs or comments?
    in ehnic slurs by a supervisor Comment by Gar April 2001
  • Not business school but the one of hard knocks!
    in Employee incarceration Comment by Gar April 2001
  • If you anticipate having a policy, I suggest that you don't put it in writing. These kinds of situations are rarely similar and you wouldn't want to lock yourself into a written policy because you will require the widest lattitude to administer each…
    in Employee incarceration Comment by Gar April 2001
  • I agree with the last assessment. What's the employee's track record? How long has the employee been with the employer? Why is he/she in the slammer? Can the reason spill over into the work place (theft, rape, assault, drugs)? What have you done in …
    in Employee incarceration Comment by Gar April 2001
  • You should get an employment attorney to answer this one for you, especially if a union is involved. You do, however, have the advantage of doing business in North Carolina (employment at will state). When faced with a similar situation some years a…
    in Suspended Employees Comment by Gar April 2001
  • We hire relatives but they cannot report to one another. This includes a relative being in an organization managed by a relative. Moreover, relatives are defined as parents, spouses, children, in-laws, siblings, grandparents/children, step-parents, …
    in Hiring relatives Comment by Gar April 2001
  • I'm in County government. We pay our people for jury duty and let them keep what they earn as jurors. The amount is so small it isn't worth going after. Besides, it's sort of a reward for good citizenship.
    in Jury Duty pay Comment by Gar April 2001
  • We are currently in the midst of writing a random testing procedure for our employer (county government). I'm finding there are more laws/regulations (US Department of Transportation, North Carolina, etc.)involved than you can shake a stick at. Best…
    in Random drug testing of public employees Comment by Gar April 2001
  • We do not instantly fire people because they are arrested even if the act is related to the job. Nor do we ask applicants if they have ever been arrested. Because of the society we live in, people of color, primarily Hispanics and African Americans,…
    in employee arrests Comment by Gar April 2001
  • At the place of my previous employment, we were required to provide our SS No. to our medical carrier. No number, no coverage. Well, one of our employees provided her number and later learned her identity had been duplicated or stolen and that the c…
    in Social Security Numbers Comment by Gar April 2001
  • Is this a performance problem (has the skills but can't/doesn't want to perform) or a lack of skills problem? If a lack of skills problem, get the employee trained. If a performance problem, give the employee a reasonable period (30 to 90 days)to cl…
    in Laying off employees Comment by Gar April 2001
  • Is reinstatement guaranteed under the USERRA?
    in Military leave Comment by Gar April 2001
  • Thanks for the speedy response but, what was the "Oncale decision" about and when did the supremes make the ruling?
    in Same Sex Sexual Harassment Comment by Gar April 2001
  • I've had plenty (too much?) experience in this area. It's commonly referred to as "the deep pockets" theory and it seems prevalent in big business. The attitude is that in (too) many instances the legal action isn't worth the attorney's fees and the…
    in Settlement of lawsuit-good or bad idea Comment by Gar April 2001
  • That depends. If up until now you've treated these folks like regular employees in other ways, you may want to reconsider.
    in Inviting temp employees to holiday party Comment by Gar April 2001
  • I totally agree with Ms. Morford's suggested approach to this problem. We had almost the same exact circumstances recently and took the same approach which worked. However, we aren't considering a non-fraternization policy because, from a practicali…
    in Office 'crush' Comment by Gar April 2001
  • In my previous life (private industry), donating paid time-off wasn't allowed. I now work for a county government in North Carolina where employees are allowed to donate paid sick leave to their colleagues. This is subject to the approval of the Cou…
    in Employees donating paid time off Comment by Gar April 2001