Gillian
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- Gillian
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Correct. Assuming that your US handbook is written to reflect US and your state laws, you can make the next assumption that those laws don't exist in Thailand. Many people thing that California is a foreign country as well, and I constantly run in…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-04-01 AT 10:01AM (CST)[/font][p]This takes longer than an E-Mail response. If you will E-Mail me your fax number I will send you and article that is right on. My E-Mail is shugh @westernu.edu
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English only rules are only OK if they are job related. An analysis of the job should be done, a study not a quick opinion even if it is by people who should know. Sometimes these opinions are based more on convenience than what the job really req…
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I'm not an attorney but have expert witness experience in this area. Look these up - they are the most recent biggies. Oncale v. Sundowner Offshore Services, Inc. (same sex harassment), Burlington Industries v. Ellerth, Faragherv. City of Boca Rat…
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Thinking up a list of things NOT to ask is harder than thinking of what CAN be asked, then eliminating other stuff. What can be asked is anything that is job related. Questions that clearly cannot be asked are the questions about race, color, reli…
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Two years is the legal requirement, although sometimes files contain information which should be kept longer than that, payroll information for example. It is a good idea to keep the file longer than the legal requirement because of the possibility…
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I agree with a lot of what has bee said in the responses, with the exception of one. I think it would be a mistake to go to the next level boss - that would guarantee a rupture in the relationship that you have with this person. There are things t…
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Your question is mostly legal so an attorneys response will carry more weight than mine, but I think that by and large you are correct, although there are often legal remedies that are available beyond the most common discrimination laws, etc. and t…
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Ditto the above. From an HR person who has been an expert witness in discrimination cases a bunch of times, the fact that the issues have not been dealt with directly with the employees in order to give them an opportunity to improve would do you i…
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"No solicitation" policies are so common that I don't think that you should worry too much about it looking like management wrote it just for the heck of it. Any rationale connected to safety, housekeeping etc. seems like valid reasons, although a …
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The background in this area is more than just trying to stop a bunch of unwanted solicitations or product sales at work. The real issue is unions. If solicitations are allowed in the workplace then a union, when told that it cannot solicit for uni…
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Have her attorney talk to your company attorney. That should take care of it. Your attorney can best evaluate the risks and whether or not indemnification of any kind is appropriate. Doesn't sound like it to me.
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If this person were an airline pilot or something else similar to that,you would be able to use 65 as a retirement age. Other than these areas, mandatory retirement policies are not legal. You have to address the performance issues.
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What you have is a clash over good ideas (yours) and reality. Some companies will not hire family members and friends on principle, others thrive on it. It is very much a company culture issue which will make it hard to change. If you can use the…
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Ditto to Bonnie's message. The EAP counselor's can help prepare the workforce for what is coming. This is as valuable as their involvement after the event.
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Safety is not my expertise but if OSHA has any provisions similar to what we have under CAL-OSHA, there is a possibility. We have to have Workplace Violence provisions as part of our Injury and Illness Prevention Plan. There are other areas of co…
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The responses to this message are intriguing and seem to relate to more than one topic. On the surface, it is very simple - what are we reading, the answers to which include a lot of business related books, some not related to business and now we a…
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Me too, but not trashy novels. I only read an occasional business book nowadays. Currently, I'm reading "Revolucion de los Colgados" by B.A Traven - in Spanish.
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Confronting someone who has made threats should be done after a conversation with a mental health professional. We are not trained to be psychologists so will not know how to handle a violent reaction if that is what happens. Confronting this pers…
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The legal counsel is fine, but should take a back seat, or at least an equal one, to your EAP. If you do not have one, find a mental health professional who is conversant with workplace violence and the mental issues that can create it. Sometimes,…
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Good questions! It is harder when managers do not want to follow the advice of HR or when the HR person is a less senior one. My old way of handling these type of situations was to describe to the manager the pro's and con's of their proposed acti…
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I've been racking my brain to think of some major problem, but all I can come up with is the mundane. I think that most of the problems occur when counseling managers to document problems properly and then finding out that they don't. Then we are …
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From a philosophical point of view, HR shouldn't be in the business of firing people. They should be in the business of advising management about managing performance and sometimes that involves someone losing their job, and that is the managers jo…
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Yes, Montana is the only one. There are several states where the exceptions to "at will" are many, thus the perception that "at will" really doesn't exist in those states. Not sure how many, but certainly California, New York, Wisconsin, Michigan …
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Not much more needs to be said. Make sure that the attorney that your friend finds understands testing concepts such as job analysis and validity. There should be some sort of analysis of what has changed in these jobs to justify the testing - I …
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I think there are two problems. One is the employer who wants to go into attack mode when common sense will say that the problem can be resolved in a better way. The other is that many labor attorneys want to defend because that is what they are t…
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Try the American Society of Training and Development(ASTD). This is the major professional association in the training area.
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I would be more aggressive. In my opinion, it would be proper to talk to the manager about the rumors and advise her that she is putting herself, and the company, in jeopardy by having the relationship, if she is of course. While the alleged relat…
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Information of this kind should be limited to incidents that are job related such as traffic ticket info. for jobs that involve driving. Convictions may be job related for certain jobs, but I don't think that arrests are related to much of anything…
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If you use a temporary help service, check with them. They may use one to evaluate their applicants. As with all tests, they should be job related, therefore, you need to make sure that the keystroke speed that you use matches the level of the wor…