Gillian3
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Yes, although the idea isn't too popular. My decision was based on the expert witness work that I do - almost 150 employment cases, for both plaintiff and defense. Performance appraisals are killers and are one of the most important elements in th…
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At the risk of getting a raft of "there they go again" comments, a Jan. 2004 change in the California discrimination regulations protects employees from gender discrimination - meaning gender identity. It also protects an employee's right to appear…
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Deal with it as a performance issue since that is what it is. Talk to the people who are speaking Spanish and explain that doing this in meetings when others don't understand can be disruptive because the others don't know whether business or perso…
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Correct. Risk Manager View - I want to know what the heck is going on that I can have a handle on potential liability. Agency View - they are trying to intimidate the employee and the process. Something must be wrong.
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As long as many of us have been around, I would think that accepting that we should document is a given, and really not necessary to say. Guess that assumes a bit too much.
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We have to remember that all parties have rights, including the manager. If a full fledged investigation were to take place under the circumstances described in the post, the manager could make the case, I think, that his rights were infringed beca…
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The Pres is making a mountain out of a molehill. There is some validity to some sort of interaction with the male manager because of the apparant pattern of a loose mouth but, other than that, the issue is being unnecessarily prolonged. Further, f…
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I believe your assessment is correct if this is an exempt employee. I don't know of any reason why non-exempt employees are subject to the same rules, so I think that increments are OK for non-exempt employees.
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If they are doing a reference check prior to hiring the person, do the same thing that you would do if it were any other reference check. If the inquiry is because the attorney is on a fishing expedition because the person is involved in a lawsuit,…
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Yes, but why not deal with the real problem - the supervisor, the relationship with a subordinate and the favoritism. You may appear to be "punishing" the employee with a transfer when the problem is the other person, not a good thing if a sexual ha…
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You need to decide if you are hiring someone and trying them out or doing pre-employment testing. If you plan on paying the person to take tests, when the test is a work sample, then the person has become an employee, in my opinion, and yes WC wou…
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Nope, it was personal. Bilingual ability is a career enhancer for any HR person.
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Or, learn Spanish yourself and increase your own career marketability.
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It would be nice for things to spelled out in a manual but no law says there needs to be a manual. A manual or policy is not the answer to all problems because people interpret things differently. Casual fridays are nice but not required and the bo…
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Chari's response may describe the ultimate outcome but there is no point in not trying. It is a debt and you have the right to try and collect like anyone else who is owed a debt. Even though it was your mistake it doesn't look good that someone s…
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Granted, there are a percentage (small)when valuable information comes out of an exit interview, however, for me the cost of time spent in worthless exit interviews far outweighs the value. I haven't advocated them for years.
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This type of test is exactly what "job related" means. A validity evaluation won't become important unless someone challenges the test as part of a discrimination charge. Why don't you gather the documents that you used to develop the test items (o…
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An assumption, then? If the employee is working safely what is the issue? As soon as the size exceeds the confined space then you will have something objective to work with. This needs more evaluation than what has been done.
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Be careful. Who decided the employee cannot do the job safely and what data was this based upon? Has the employee injured himself? What does the doctor say and is what the doctor says based upon a review of the job description? There are potenti…
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Probably depends on whether or not Arizona has a domestic partner disscrimination regulation.
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I'd certainly get the proof that Weingarden was overturned, because I haven't heard that it has. Let us all know if you get it because this issue is a biggie.
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No, it was expanded outside of the union environment by the NLRB. I don't have the time at the moment to give the information about that but it was.
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To answer the question in your last paragraph - no, unless she was a top executive, in which case the rules are a bit different.
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If you look at any of the big testing cases you will find that the Uniform Guidelines are cited as the standards to follow. I think the reason that no one knows much about the guidelines is that there have been no discrimination charges with testin…
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Everyone is correct. The guidelines are mumbo-jumbo and guaranteed to put everyone to sleep. I have my copy in a file in my filing cabinet and I make a point of avoiding that file. They will be used, however, if anyone gets caught up in a discrimi…
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The penalty for not paying on time is one day's pay for each day late, so the employee stands to get a little extra.
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The introductory paragraph should just state the purpose of the letter. That follows with the reason which is what you stated in your question. You should follow the statement with something like "In particular, you spit on the your supervisors s…
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Obviously, you have a serious problem that needs to be addressed, anonymous letter or no. The problem with anonymous letters, though, is that if fits the writers perception, not necessarily others and if you act on an anonymous letter there may be …
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I would think so, but you should probably make sure that the skill level is the same. If you need an arithmetic level of 10th grade to do work in one job, but it is only 6th grade in another you will end up screening out applicants. The best thing…
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You can research previous threads on this topic. The bottom line is that tests must be job related and canned tests often don't meet that standard because they are not developed for the specific job that you have. A general test for everyone is ev…