Gillian
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This person is legal now, correct? That is what I would go with. You might want to check with an attorney but there might be some liability to dismissing the person. You say "long term". Was the person hired prior to November 6, 1986. That was …
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As you are evaluating you might want to consider the reasons for the policy, now and why you might change. The work the day before and after policies are traditional but fit the industrial setting where it is a production problem if people extend t…
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Ditto to the above, but more. Those of us in California must comply with the Fair Employment and Housing Act (the state eeo regs), which includes "a person providing services pursuant to a contract" as being protected against discrimination, includ…
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Well, I guess I have to participate. In my opinion, whether or not long hair is appropriate in HR is a matter of organization culture and if long hair if OK, its OK and if not, it's not. I work in academia, and in California, and one might think t…
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Your plan should also tie into some sort of rationale rather than just working a bunch of hours. Can your tie it into projects, deadlines etc. to keep away from being based on merely hours worked? What you are doing is common in some industries be…
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I'm in California as well, and there is nothing special about California regulations that impact this. All of the responses you have received are on target.
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My suggestion is that you don't have much of an agenda about what you are going to do, at least not much that you verbalize. Tell them that the focus of HR is different in different places but you want to focus on the issues that are a problem for…
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If you will E-Mail your Fax number I will send you an outline - [email]shugh@westernu.edu[/email] Be careful of two things - state laws which are sometimes different than federal and the issue of litigation. Records may be thrown away which would …
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Your basic question is a legal one - can you abrogate a contract under certain conditions? My non-attorney opinion is that if you want to retain the right to cancel a contract you would have to write the conditions as part of it. Beyond that your …
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I don't know if is 10% that do or a little higher but it is closer to your estimate than to your friends. Perhaps the difference revolves around "loan" or "flexibility short of a loan". If the issue is flexibility then I think that more organizati…
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You also need to check your state labor laws as well. For those of us in California this kind of policy would be a conflict with California regulations prohibiting discrimination against spouses. My experience is that organizations either love to …
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No, it is not illegal for a supervisor to gossip about reprimands, it's just plain stupid and the mark of an untrained supervisor. The remarks could cross over the line into a defamation issue but an attorney could answer that question. As far as …
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California has two regulations in this area. The first is the the "school time off" one which provides up to 40 hours per year (unpaid) to attend school events. The other is a sick leave regulation that provides that any employer who had an "emplo…
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The legalities revolving around testing revolve around job relatedness - that they actually measure the tasks that are performed. Off the shelf tests may not do this or do it partially, thus decisions may be made based upon a test which may not be …
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Well, I'm in California and live 20 miles from Disneyland and although I haven't worked for Disney, from what I read in the newspapers about their employment disputes and from what I hear from people who have worked there, I doubt that Disney would…
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Ditto to Down the Middle. I, too, have seen it both ways and prefer that payroll report to finance because of the checks and balances. If you have a good payroll person that person should be just as capable of maintaining confidentiality as a good …
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As long as you are consistent in your process, there is no concern. You can't control mail delivery. I probably wouldn't send an information packet to the out of state candidate because that might bring allegations of inconsistency from others. O…
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There is nothing wrong with being proactive and having potential new employees in the pipeline so a new hire can be made quickly. There are some problems, however, within the context that you describe. First, since any disciplinary action policy i…
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I would recommend against it because it looks like the employee is being punished for taking leave that they are legally entitled to take. An attorney can weigh in on the legalities but I think that it is very shaky from a legal perspective.
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There is nothing anywhere that says that a rating cannot be changed. The primary reason for making a change would be when, during the appraisal, discussion between the parties results in an understanding, one way or another, that the initial rating…
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You probably didn't intend it the way it comes across but telling someone to clear out their area by the end of the day sounds a bit cold. Yes, when a layoff occurs it can be expected that the person can be gone, presumably with their belongings. …
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[font size="1" color="#FF0000"]LAST EDITED ON 11-28-01 AT 11:45AM (CST)[/font][p]My take is that the "attorney" is just being an attorney and is being overly technical. Most of the things that we think are illegal to ask are not illegal per se. Th…
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Our organization is small so can't repond from the perspective of how we are structured. I can respond from the perspective of organization structure, however. The way that you are structured, with EEO an HR function, in one out or eight divisions …
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Unless Arkansas has passed a law protecting smokers, which I doubt, it is not illegal to use smoking/non-smoking as a selection criteria. Some, but not too many, organizations use that criteria. Physical examinations should be job related.
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Well, this will test how well I remember my test development experience from the past. No, I don't see any problem with what you propose to do, provided that the test that is given actually measures the requirements for the job. A non-technical wa…
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Add to that the productivity loss caused by the loss of employees from doing there job full time, then one might have an idea of the true cost.
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I don't think that you will find any research, which means that you may have to do your own. The cost of litigation is much more than the cost of the settlement or the judgement. In addition, there are the legal expenses (attorneys, court costs, ex…
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I don't think that you will find any research which means that you may have to do your own. The cost of losing a case is more that just the settlement or the judgement. It is the legal expenses, probably for both sides in a loss, plus all the time…
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If you are in California, you had better. There are significant privacy issues that must be considered.
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Supplying a doctors note has a positive and negative side. Many times a simple illness such as a bad cold or a headacke does not result in a doctors visit. If you require a doctors note that means that the employee has to pay $ to satisfy your req…