Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 06-18-04 AT 04:49PM (CST)[/font][br][br]Well done, Jake. If Don doesn't send you the dollar I will.
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I don't have a "bright line" for you. I don't think anyone has, althoug I've seen aribtation cases have have start to see a difference between 10 year emplyees and short termers. I've seen a couple over the years, that have looked at 5 years. But…
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There is a legitimate business reaosn why many emplyers do treat emplyees with long term good emplyment recor differnetly than shortermrers. The employer sees a vluae in loyalty and the emplyee has value to the emplyer. Knowledged of the comapny, …
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Well, two men from California is all you need.
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Why do you think there would be an EEOC investigation in the offing? The mere fact that the employer treated each emplyee indvidually based upon specific facts that aren't based on race, relgion, national origina, sex, etc., doesn't give the basis …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-21-04 AT 12:01PM (CST)[/font][br][br]"This thread is restricted by the author to one thing, attendance." Don, you're right. But the post did not limit it to "no-fault attendance" policies. And some …
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All Jake, Gilliam, and I are saying is that length of service and work history are acceptable considerations in determining an employer's response to misconduct or policy violations (what the employer should decide in any given situation is an issue…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-20-04 AT 05:35PM (CST)[/font][br][br]So, Don are you saying that EEOC would find Title VIIdiscirmination if the emplyer took into account the 20 year excellent work record of a black emplyee in decidi…
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What you treat alike are similarly-situated emplyees. If your attendance/absence policy can't distinguish between an emplyee who has 20 years of service with an excellent attendance record and a one-year emplyee who has many absences, then I pity y…
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Talk about me beinng "anal." So, you would consider a 20-year emplyee with docmented excellent attendance record to be excessively absent as soon as he hits 3 absences in a month merely on the fact that he was abent 3 times ina 30day period, ignori…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-17-04 AT 09:10PM (CST)[/font][br][br]Excessive absenteeism involves exceeding the number of paid time off days allocated by the company for various types of absences or exceeding the PTO allocation. …
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Again, the FLSA regulation doesn't require the licensed or certified teacher to be salaried in order to be exempt. Thus, the teacher could be paid hourly and still be exempt from FLSA overtime. So, if you pay the teacher by the hour, and he or she…
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Under FLSA you may only dock salary in full day increments (except for reduced FMLA leave). FLSA, by DOL Opinion, does not prohibit an employer from charging available accrued time benefits to recoup the pay out of salary for partial days' absenc…
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Under FLSA regulation 29CFR541.314(a), professional teachers (licensed) who are actually engaged in teaching don't have to be salaried in order to be exempt. This provision permits physicians, lawyers and teachers who are engaged in their profession…
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Way to go mbeam. An enlightened emplyer. The other part of this "we-should-fire-him-now-because-he's-looking" approach is when companies want a notice of resignation 10 days or 2 weeks in advance and when an employee does give such notice, they im…
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Go over what she claims she doens't understand to make sure she understands. If she refuses to sign for the receipt of the Handbook then have a manager or another supervisor witness her receipt of the handbook and her refusal to sign the receipt. …
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I disagree. I dont think it was a call to keep this thread going. That's why I'm not posting on it.
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Don, I think you're overstating my position on this. While unbuckling one's belt prior in the open to meal time is not sexual harassment or even violative of existing policy, it is a little untowrad andas Marc's situation demonstrates can be miscon…
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So, you just counseled him or "warned" him verbally about not unbuckling his buckle prior to eating, (and no reference to sexual harassment), right? Good decision.
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Well, Marc, what made them credible in their allegations and not him in his account of what occured?
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Can I jump in here on the original post and question and incident described. Right now Marc, you have nothing for anyone to give you definitive statement of whether he should be disciplined or not, let alone on exactly what occurred and wheter or n…
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Plese describe what you mean by "force." I am not familiar with Tennessee law, but there is NOTHING in federal law that I am aware of that says an employer may NOT use an employees accrued vacation or PTO time to cover the time the company is shutd…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-25-04 AT 06:22PM (CST)[/font][br][br]Yes, you can discipline for "accidents'...but it's based upon the employee being careless or negligent or using poor judgement, or violating policy or performnace …
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If it is a hriing interview, it is probably bettter to have the same person but obviosuly, it may not always be possible. I am not aware of any court cae that requires that the interviewer be the same person for all interviews for a particular job.…
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Josie, is there really a concern expressed by any of the emplyees or senior or executive management regarding this? Unloess you prohibt employees from socillizing wiht eahc other during off hours, or you have a policy prohibiting managers from so…
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Yes, in my opinion it would if the case can be made that the maltreatment is being caused by the boss wanting to have an affair with the secretary but being rejected by her (By the way, if he did have an affair with her, it could alos be that the ot…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-13-04 AT 09:25AM (CST)[/font][br][br]The Fairpay regs will allow for suspending salaried exempt employees in increments of one full day. The new provision -- 541.602(b)(5) -- reads: "(5)Deductions f…
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Let me make sure you suspended an emplyee for two days but not consecutively, in a union environment? I realize that there is nothing that formally says you may not suspend an employee like that but I suspect, unless your cba specificaly permits it…
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I don't see it as harassment as envisioned under emplyment laws and even in traditonal definitions of the word. But I am not familiar with Oregonian employment law on workplace harassment. It sounds more like the type of talk -- gossip -- employee…
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She admitted she fell asleep. How long did they wintesses observe her "sleeping"? I assume they observed her for a substantial amount of time and not just a few seconds. She should have been released to return to work from the pregnancy disaibilty…