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Gar

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Gar
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  • At the time her FMLA leave was approved, she should also have been told that if the absence goes beyond the amount of leave she is entitled to, reinstatement can be denied. Was that done and what have you done in situations similar to this and, most…
    in FMLA/Absences Comment by Gar April 2001
  • In similar situations we've used the "three strikes and you're out" rule. We send the employee three telegrams over a 6 to 9 day period asking him/her to contact us and warning that failure to do so will result in termination of employment (job aban…
    in FMLA Confusion Comment by Gar April 2001
  • Just curious, but which 12-month period does your employer use? Calendar or "rolling" going backward 12 months?
    in FMLA - Endless Problem Comment by Gar April 2001
  • FMLA = 50; Title VII of Civil Rights Act (1964) and the Civil Rights Act of 1991 = 15; Age Discrimination in Employment Act = 20; Equal Pay Act = 2+; ADA = 15; Executive Order 11246 = 50 (+ government contracts); National Rehab Act (1973) = 50 (+ go…
    in Regulations Comment by Gar February 2002
  • I work for a local government and our HR director reports to the County Manager, our highest official.
    in Who Does HR Report To? Comment by Gar February 2002
  • Arguably, it sounds like she's being suspended w/o pay because she may have a disability. I'd wait until the test results come in and go from there.
    in Potential ADA problem/Termination Question Comment by Gar February 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-27-02 AT 12:58PM (CST)[/font][p]I'd create a separate medical file for the results and all other medical info. I work for a local government in NC and that's what we do. I've worked for major corpora…
    in Drug Free Workplace Comment by Gar February 2002
  • Ordinarily I'd agree with Js' solution. The question you should ask yourself is: Is it logical to rewrite the policy simply because one guy knows how to work the system? After all, technically, he hasn't violated it. Frankly, I'd be inclined to wai…
    in Absentee/Tardiness Problem Comment by Gar February 2002
  • Theresa's right. This goes back about 20 years ago. We had a Dominican engineer who applied for an engineering manager job. He was qualified, having been a supervisor at another firm for 7 years before working for us. The senior manager with the…
    in English only in the workplace Comment by Gar February 2002
  • Has she been warned, written or otherwise? Absent a written policy, and assuming she's been warned and it's documented, I'd determine if she is the worst attendance problem in her supervisor's organization (discounting other's FMLA time-off, of cou…
    in Employee Absence Comment by Gar February 2002
  • Hatchetman has a point. It seems to me the issue turns on whether the employee is impaired as opposed to simply drinking a beer during his time off.
    in Help! Alcohol Comment by Gar February 2002
  • I agree with Mutagawa. Send the letter if you don't have an AWOL policy. No response, terminate employment accordingly.
    in Bounty Hunters!!! Comment by Gar February 2002
  • Since he admitted recent use to several people, I'd terminate employment. It seems to me that an admission of guilt is just as if not more valid than a test result. After all, he knows better than anyone else as to whether he did or didn't do it. T…
    in Drug Test Results Comment by Gar February 2002
  • Based on my experience with a number of employers, I find that the best attendance policy is not to have a written policy. Sounds insain but it allows supervisors to exercise flexibility, and flexibility is good for business. The theory is that (al…
    in Attendance Policies Comment by Gar February 2002
  • Well, what's on my nightstand isn't specific to HR but so far it's a good read for folks like me who enjoy history. It's "Jefferson Davis, American" by William Cooper. A Civil War buff, I've always had this curiosity about Davis. Here's a man who…
    in What are you reading (Part II) Comment by Gar February 2002
  • What else should you take? Your legal counsel. Here in NC, Employment Security Commission hearings are adversarial in nature. It's like going to court. It seems you have everything you need documentation-wise but, since this is your first time do…
    in Unemployment Compensation Hearing Comment by Gar February 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 02:25PM (CST)[/font][p]This seems more like a fairness issue. There's no federal law that says you have to. But why wouldn't you since you're requiring her to take the training? What have …
    in Paying an exempt employee for training Comment by Gar February 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 10:46AM (CST)[/font][p]I don't know about the legalities, but to assure a smooth transition, it would behoove your firm to let those folks keep their seniority for beneift/vacation purposes. …
    in SENIORITY/ACQUISITION Comment by Gar February 2002
  • Mike, How did North Carolina and New York stack up? GAR
    in How does your state stack up? Comment by Gar February 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 02:27PM (CST)[/font][p]His healthcare provider should be able to answer that question. And no, you should not contact the employee's healthcare provider without his permission. That's an AD…
    in Part Time employee Comment by Gar February 2002
  • If his condition is a temporary one, he's not disabled under the ADA. But check the disability laws of your state. I'd provide the chair as a good will gesture, but under the ADA you aren't obligated if it's a temporary condition.
    in Part Time employee Comment by Gar February 2002
  • I totally agree with Theresa. We're a local government in NC and not only do we have to contend with free speech, there are property rights issues, unreasonable search and siezure, etc. Talk to an expert. Good luck.
    in Solicitation Comment by Gar February 2002
  • We haven't authored a form because our random testing procedure hasn't been blessed by our higher ups as yet. Once they do, we'll put one in place. Such a form isn't difficult to write. I haven't seen anything in the regs that prescribes a partic…
    in DOT drug testing Comment by Gar February 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-14-02 AT 03:42PM (CST)[/font][p]You are correct. We are in the process of implementing a random testing procedure and I understand that all DOT (Department of Transportation) employers are required t…
    in DOT drug testing Comment by Gar February 2002
  • We're a local government in NC. Ours is around 20%, which I believe is a bit high but understandable since we're a political entity and politics permeates the organization.
    in What is your turnover rate? Comment by Gar February 2002
  • I'm not in Arizona, but it sounds off the wall to me. Why not ask the employee to show you this law?
    in Employment Contract Legal Review Comment by Gar February 2002
  • Good point!!!!
    in Religion in the workplace Comment by Gar February 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-07-02 AT 03:58PM (CST)[/font][p]Frankly, for the very reasons cited by Anne Williams, I wouldn't allow it. In a previous HR job with a large firm, I had a lot of those problems. At the risk of coming …
    in Religion in the workplace Comment by Gar February 2002
  • This appears to be a disciplinary action matter. The only part of the solution that I disagree with is the suspension. Employees with attendance problems obviously want time off. I, therefore, never recommend suspensions for attendance problems.
    in Requiring vacation to be used instead of sick time Comment by Gar February 2002
  • I agree with heights. It would be nice if all your folks cooperate, but there's a better than even chance that some will not and there isn't very much that you will be able to do about it. Good luck.
    in Pictures of Staff Comment by Gar February 2002