Gillian
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You are correct in that a "hostile work environment" in a legal sense must apply to sexual harassment, race harassment etc. The employee is probably using the words in the sense of "my supervisor is harassing me" when the supervisor is trying to ge…
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You are correct, Joyce, regarding FMLA. You are also correct regarding treating the disability the same as others, with a big exception which applies to this inquiry. In California, pregnancy is treated differently and, in many ways, more favorabl…
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Valerie Masters response reflects the California regulations - the circumstance is covered by our Pregnancy Disability Leave regulations and which cover all employers with five or more employees.
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Probably not, but pregnancy is supposed to be treated equally to any other disability. The basic regulation is the Pregnancy Disability Act, with the addition of any state law that you might have. If the manager wants to change the policy so that si…
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You have those options with or without a letter. I think formalizing things is fine but I also think that we can go overboard and damage employee relations by doing so. If the letter is too attorney-like it might turn the employee off. Personally, I…
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FMLA is very hard to administer and worse if you have state law on the same topic which is similar but with distinct differences which have to be accounted for. To answer your question I think that you have to answer others. Are the sick children al…
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I think that you are mixing up apples and oranges a bit. When you separate the person from the job when doing a layoff that means don't consider race, sex etc. etc. When you choose who to layoff and performance is one of the criteria that is used …
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"At will" is a choice. While most states have "employment at will" as the standard of employment, employers may choose to operate under that philosophy or to operate under a "just cause" philosophy, the flip side of employment at will. The most co…
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Condensing all the good advice - this is what you need to do. Get an attorney to evaluate the situation and while he/she is there, you take the person aside and make sure that management is informed that proper management is a good thing and what t…
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I have a hunch that this is something that can be worked out with a little bit of conversation with the employees. Remember that accomodation doesn't just involve these two employees. Are there others that could fill in, for example. You could st…
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Ours is across the board - employees pay 10% of single coverage and 45% of dependent coverage.
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Next time, hopefully there won't be one, just get a consult. You don't need an EAP just someone who you can call on in the time of need.
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For the third time - don't terminate without first talking to a mental health professional. A competent one of those will tell anyone that asks that a firing may be the trigger that sends a violent person over the edge. This character should be fi…
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One more time - don't fire him without talking to a mental health professional who knows how to deal with violent people. You will get assistance so that it is done in a way which will lower the possibility of your company being the site of the nex…
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Yes, you are correct. However, before the next event occurs talk to your management about getting some help from a mental health professional, to either 1) help him with his problem or 2)find out how to handle the person when the next event occurs.…
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You are being too much of a worrywort. Do what Mentel says and start the corrective action process on each of these instances. Anybody can sue for everything but this one would probably get laughed out of court.
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Linda is correct. Use his threat to find out what is really going on, then, if your suspicions are supported, terminate him. Don't be buffaloed by the threat of a lawsuit. If it happens, the other employees will support you, not him, and that wil…
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Anytime someone puts the words "non-exempt" and "salaried" together it raises all sorts of questions about proper classification and overtime. While there can be non-exempt salaried personnel it is not a typical practice but when it is used employe…
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One of the questions relevant to this topic is whether motivation comes from within the person or whether from outside influence. I tend to think that motivation comes from within most of the time. Some people may respond to outside influence but …
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Just a comment regarding PAhr's comment about the case in California. Even though that is where I live and work I am not aware of the referenced case. The fact that one case was thrown out on summary judgement does not mean that we have a guidline…
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There is nothing illegal about this activity. Over the years there have been lots of charges of discrimination filed by individuals who thought that they were being discriminated against because of someones relationship with someone else. The case …
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Unfortunately, business decisions sometimes have to made, even though it may seem like hush money or setting a precedent. The company must weigh the cost of having this individual out there like a bomb ready to go off at the minute of his or her ch…
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San Francisco is correct. If he files a wage claim you will get to go to a hearing and you will lose. Pay him the money.
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Well, I was on vacation so didn't know about this. Congratulations.
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Me, too @ [email]shugh@westernu.edu[/email] Many thanks.
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I agree with the comments about disciplinary action - from the beginning step. It wouldn't work for this particular issue around here though. One of our colleges is a College of Veterinary Medicine and we see dogs in the workplace all the time.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-21-03 AT 10:33AM (CST)[/font][p]There are no problems that I can think of, other than those created by poor communication of the reasons that this is necessary, arbitrary judgement of who has to take …
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Don't do it - for the reasons already stated.
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If your decision point is based upon whether or not they can work on their religious day then you have made a decision based upon religion. Your obligation is to accomodate to a religious preference unless you can do so without undue hardship and y…
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I expect that you will get a bunch of "no's." It is not common, at least in the private sector, to pay out unused sick leave. Company policy covers this issue and you can have any kind of policy you want. It is very unusual to reward those who ar…