Gillian
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- Gillian
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Comments
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I concur with the "give her the paper" approach. Refusing to do so will just create more anger and the paper is discoverable anyway so she will get it sooner or later.
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Yes, I have heard of it - from the extreme fringe of the labor attorney group as well. I guess the theory is that if there is nothing in writing one doesn't have to defend against a violation of a policy. Some organizations operate very well witho…
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You might try researching "Deductions from pay" or "kickbacks" because this is really what it is, although it may not be a deduction from a paycheck. The whole premise of pay is $ for time worked and management doesn't have the right to glom onto a…
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Ah, I've got a manager or two like this, legality over common sense. While the breaks are clear (as close as possible to the middle of the shift) you have to back into the lunch period. A lunch period is required for every five hours of work and c…
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Also in California. No, the regulations state that the breaks are to be taken as closely as possible to the MIDDLE of the half day and lunch as close as possible to the middle of the shift. If somebody decides that the middle is as the end you ris…
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Do you have an Employee Assistance Program? Professional counseling from a mental health professional may be helpful.
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We serve as a consultant and trainer. We usually do some prescreening but we think that the hiring manager can make the best decisions - after proper training re. the legalities of course. We are asked sometimes to be more active, which we will do…
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I agree with the postings as they pertain to grievance procedures, however, if the board members are not employees (they generally aren't) then workplace procedures may not be desired, appropriate or necessary. If you want some sort of internal boa…
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I'm in California. The legal advice is pretty much on target, but I would recommend that you contact a California attorney before you do anything. California is one of seven states in which residents have a constitutional right to privacy. Furthe…
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Agreed. In my opinion, enforcement agencies and the courts favor consideration for rehabilitation. Further, we all know that many dismissals take place because the individual didn't fit in or because of personality conflicts with the boss, etc. T…
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Best check your state laws. In mine, there is a very narrow definition of allowable volunteer (unpaid) work. The prevailing view in my state is that if work is being done to benefit the organization and it is work that an employee would traditiona…
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I would be surprised if you find many people doing this. It would be better to talk to Director X about what appears to be his/her consistently higher ratings and talk about the importance of consistency within the group. There are negatives to yo…
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You may be a more balanced CFO. Some CFO's, and I found several in my consulting days because the CFO was often my point of contact, have a hard time understanding the people side of a business, therefore shut out the HR person. Of course, there a…
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We are a 375 employee private, non profit University. I report to the Exec. VP of Finance and Business. While there is some controversy surrounding HR reporting to the top exec. vs. someone else, I think it really depends on the influence of the H…
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An extreme case of managing to the exception. Of course personal phone calls are made - working life today is different and people have to juggle life at work and life outside of work. The problem is the exception, the person who takes advantage an…
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There is more than legalities here. Spanish speaking employees speak Spanish because that is what they are comfortable with - it would be similar if some us were dropped into the middle of a foreign country - we would want to speak English. The Sp…
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Ditto
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Hopefully, this doesn't come through twice, but I can't see where the original message went through. You should get legal counsel on this issue. Especially for us in California, the rules are pretty stringent as you already know. If you get any f…
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Also from California. Get legal counsel involved in this one. Arbitration is an especially hot topic for California employers. You would also be wise to review any that you get to make sure that it fits our state.
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No, doesn't make sense to me either. Unless there is something out there about which that we are both brain dead, salaried non-exempt is nothing more than a payroll practice which changes nothing other than to require that if an employee works over…
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You might want to check the impact of unemployment in your state. In California, this move would make the employer the "moving party", making the person eligible for unemployment compensation unless the termination was due to gross misconduct. I…
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You are correct. The paperwork generally does seem to indicate that the employer is at fault. This is because whoever sent the paperwork has heard only one side of the story. You are being notified as to what is the side of the story from the per…
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It's certainly harassment, but if not racial, sexual etc. or directed just at people in the protected categories, it isn't harassment from a legal perspective. You certainly have a management style problem which will create morale issues, turnover,…
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I think that you have an issue of inappropriate behavior, not harassment. It would'nt go anywhere legally, in my opinion, because it does'nt reach the level of behavior that would arguably qualify as harassment.
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If you would like a bit more information to get you on your way you can E-Mail me at [email]shugh@westernu.edu[/email]
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One of the best documents on this subject is the BNA Bulletin to Management - HR Resource Activities, Budgets and Staffs which is published annually and one receives as part of membership in SHRM. While you have to hunt for information about traini…
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At the risk of starting a debate, I encourage you to think about both sides of this issue before you decide what to do. One opinion, though, is that phone references are better than written ones. Insisting on a release, prior to releasing informat…
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Based upon experience with a past employer with operations in numerous states I recommend a general handbook and supplements that are given to the employees in the various locations. If you try to put everything in one handbook you are bound to be …
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I agree with Down the Middle. Even if the manager had come to you ahead of time, you should have considered the 17 years that has passed and whether or not the old issue was relevent. Further, perhaps the person was dismissed incorrectly - such th…
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You should probably get some legal advice as well, but my take is that your obligations are minimal. Without a license, this person can't do the essential functions of the job, even if there were some accomodation that would be appropriate. Accomo…