Gillian3

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Gillian3
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  • Giving time off when work is short is a common practice. Somewhere there is a line between that and a lay off, but I'm not sure where it is - maybe if the employee is going to be off long enough to take their stuff home? Anyway, scheduling employe…
  • Rewrite it and send. The doctor can't make good decisions without all the information.
    in Now What? Comment by Gillian3 July 2005
  • I think so. You may have one of those individuals who think that they are ahead of the doctor, sometimes to their own injury or re-injury. Stick to your course.
    in Now What? Comment by Gillian3 July 2005
  • If your policy is to provide no references, then remind the supervisor of that policy. If you make too big an issue of it, you will drive the reference checking underground and the supervisors will be giving references from home if that is what the…
  • I think that your limits will be determined by the policies of the reference checking companies, not by any legalities.
  • There are times when it is not a good idea to challenge an unemployment decision - and that is a decision that can only be made by you and your attorney. The legal concern is that by challenging unemployment you divulge all of the information that …
  • Assuming that the wheelchair restriction is temporary, it isn't an ADA issue. If that is the case deal with it as you would any other employee with a restriction. If she is permanantly in a wheelchair, you may have an ADA issue and would have to g…
    in ADA Comment by Gillian3 June 2005
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-27-05 AT 03:36PM (CST)[/font][br][br]They haven't. Employers set the rules.
  • The employment relationship(coordinated by HR) is a process which starts at the recruiting stage but includes compensation, employee relations, termination advice etc. etc. It helps when everyone is on the same page.
  • Everything revolves around "qualifying event" so you should send out the "official" notice at that time. There is nothing wrong with providing information at an earlier date, but the official notice should comply with the regulations. It probably …
  • No, I think that you are wise to keep them private. I suppose I would keep the files on active employees and at some point, after the potential for litigation has passed, get rid of those of former employees.
  • You are correct. The words were "we only test the sickly looking ones".
  • Not when the motive is because he's not in too good a shape. You could do testing, which includes physical testing, if you were to give the test to all applicants. One of the problems you might have is maybe the person can do the job for 15 minute…
  • It is fairly common to have differences in benefits, similar to what has been posted. Where I hang out, there is a Managers Leave, an extra two weeks time off to compensate for extra hours. I expect that most don't work extra hours.
  • The key point is to keep the layoff reason the reorganization and not let age become an issue. It might become an issue if you lay her off prior to September since you have documents which state that September is the reorg. date. Don's response is…
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-20-05 AT 11:51AM (CST)[/font][br][br]Title V11 of the Civil Rights Act covers employers with 15 or more employees. While an occasional EEOC intake officer might accept an employee claim of discrimina…
  • You will remain content where you are, I am sure.
  • Oh, be that as it may, I think that I will be dead and buried before anyone is interested in the topic of his speculation, so I will be unable to comment at that time. If he thinks differently, though, he might want to don (ha ha) a dress and maybe…
  • Where's the 10th circuit and why would it monitor your posts?
  • The reason that the EEOC has that guidance about discharge is that minority groups get discharged more frequently than the majority group. And don't ask me to prove that, because I don't know anything about discharge rates. It is the same theory a…
  • It isn't an issue of what the employee thinks, what HR thinks, what the public thinks, or what other employees think. It is a decision based on "what is the best business decision".
  • Allowing a resignation in lieu of termination is fairly common and always generates controversy about what is the right thing to do vs. the benefits of resignation. Attorneys often recommend resignation because they are weighing the risks that are …
  • No, I don't know the source, but I believe that you will find that the guidance for "recovered" is one year drug free. I don't know whether that is in an ADA document or the result of legal advice based on court cases. I also don't know whether som…
    in Methadone Comment by Gillian3 June 2005
  • No, because he would not be successfully recovered. That's what I think, anyway.
    in Methadone Comment by Gillian3 June 2005
  • Drug use is not considered a disability under the ADA, so there is no protection. A recovered drug abuser has protection so the question is - is a person undergoing methadone treatment considered "recovered". That will be the legal question.
    in Methadone Comment by Gillian3 June 2005
  • You are correct - this wouldn't have any value, and would be disruptive, for the vast majority of employers. There are some environments, though, where it would have some value - in those environments where consensus plays a role and where discussi…
  • The IT Manager shouldn't introduce anything like this without first obtaining the approval of top management, and that should come after a full discussion by all the players, including HR. This is kind of like you introducing the idea that from now…
  • You can do it better than a generic seminar. You have outlined the problems so it is just a matter of helping her to understand. Maybe she will agree to a weekly meeting to discuss what happened during the week etc. There are consultants who do t…
  • There is no obligation, other than by any company policy that you might have. The primary legal problem would arise is if a new hire is not in a protected class and the laid off person is. It will be worse, in that case, if the new person appears t…