Gillian3

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Gillian3
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  • Precisely, Jimbo, Hunter1, Dasher, and Blitzen. For those who give no information no matter what, because you don't want to be bitten, or the attorney said you would be bitten - how many times have you actually been bitten, or heard of someone who …
  • That's just an assumption and we know what "assume" means.
  • Just the facts and requiring a release are good. Beyond that, I will be a bit of a contrarian. We have listened to attorneys too much and are so leary of "coming back to bite us" that we are harming each other by not providing information. This w…
  • State pay regulations may vary a bit but in general non-profits may use volunteers to do the work that is what the non-profit is in business to do. The line is generally crossed when the volunteers do staff, administrative work. As Mark says, you …
  • Sure, but if the employee wants to go and is not allowed, prepare for turnover. Keeping an employee from advancement is a short term solution to business needs with a built in bummer of a situation for the employee.
  • I agree with the others. You could probably use PTO legally, but if the idea at some point is to reduce the "us vs. them" and the morale problems, you would be going in the opposite direction.
  • You are correct. Must have had a momentary brain lapse.
  • Unless there is something potentially illegal, unethical or potential for conflict in all of this, I would probably let it alone. If other management staff know about it, you can be sure that the exec. director will hear about it from somebody.
  • Your obligation is to pay for time worked, including time not punched in if that is happening. You can tell her not to punch in until normal starting time and not to work until that time arrives. Being on the premises isn't a determination of anyth…
  • No, the employer has the control over who does what. The employee gets wages to do what the employer wants, provided it's legal of course. While that is cut and dried you do have to evaluate the impact of the decisions that you make. You should d…
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-03-05 AT 03:17PM (CST)[/font][br][br]No, "contracts" is a funny term, as AA is administered. It could include grants from the federal government or federal funds flowing through a bank. Stay away if…
  • You offer vacation and sick leave accrual and people are excessively absent when they take that time? If that is so be careful. Vacation is a scheduling issue and should be granted when it meets the need of the company. Discipline for sickness wo…
  • The trigger event would be the complaint about discrimation. Constructive discharge would not be ancillary here, since whistleblowing and retalition is prohibited. The company defense would be "we are not retaliating, just giving more work since t…
    in i quit Comment by Gillian3 February 2005
  • Discharge as an actionable item is probably going to depend on a particular state and how courts view constructive discharge. If a person complains about discrimination, then working conditions become so intolerable so that they have to quit that w…
    in i quit Comment by Gillian3 February 2005
  • I am just finishing up an "interim" HR stint at a public sector employer shortly before my arrival there was an individual who received the intention to dismiss letter based on similar circumstances to yours. The arbitration took place a couple of …
  • Do what you are planning. There is no way to speed up the process if you have public sector and/or union rules in place. You should probably be prepared to address the privacy issues revolving around finding out about the internet violations. Doe…
  • Yes, yes and yes. Do what the others have suggested.
  • That's not the issue. Potential risk to the company is, and that is how we should respond, no matter personal feelings.
  • No, you can't just ignore it. If it has reached the level of being offensive to some then it has potential for a problem to the company, and our personal feeling about the seriousness, or lack of, is irrelevant. The first step is, as has been sugg…
  • It's unfortunate when someone with extra skills doesn't want to/refuses to use them and you don't need someone like that. There are old cases, though, which have ruled that the requirement to translate, etc. etc., is an extra duty and since the req…
  • Correct -deal with the real issue.
  • In these circumstances, my conversation with the accused goes something like this. As you know, we have been unable to confirm that anything occured. That means we don't know whether it did or did not. Just in case it did these are the facts abou…
  • This really doesn't help much, but the ADA is not the issue if the guy is ill. The ADA defines a covered disability as one which "substantially limits" a major life activity. The equivalent California regs (Fair Employment and Housing Act) says a …
  • You are deader'n a doornail. This should be a subject for future negotiation, best dealt with with there is no direct impact on any individual.
  • For those Forumites who know, not to mention the absense of my future dissertation about my experiences as an HR person who is a whistleblower. This adventure is now more than one year old and still plodding along.
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-25-04 AT 10:52AM (CST)[/font][br][br]Well, the "two guys" on the west coast will be gone. I'm taking advantage of a subscriber where I am doing an "interim HR stint" which will end soon. As a person…
  • Your initial reaction is the proper one. Maybe this person is just trying to create problems - and saying someone is on drugs is a good way to do that.
  • The last sentence is the key - how are you going to impact anything if the employee and the supervisor are close? I don't know if supervisor means three levels from the top of the chief wheel, but you do need to get support from others in order to …