Hatchetman

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Hatchetman
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  • [font size="1" color="#FF0000"]LAST EDITED ON 02-09-04 AT 06:43PM (CST)[/font][br][br]I consider executives to be the top level or the next level down from the chief executive officer (excluding executive assistants, secretaries, etc). These levels…
  • I think many of you were unnecessarily assuming the individual intentionally lied to the employer about not feeling well and not coming into work. If I recall his posts, he never said that the time he went to the job fair was the time he normally w…
  • If you are in doubt about your ability to do a reasonable suspicion drug test because you don't have a policy, why not develop one? The concept of a policy is to give notice to employees across the board of what is expected of them and the conseque…
  • It could be mandatory if you want to have the enforcement of any partiuclar law behind you. You may see signs that Read something like "Possession of a weapon (or whatever the technical term is) in this facility is in violation of company policy …
  • I generally agree with the oth3es about the cumulative impact. However, there are situtions I think when it would make sense to at least put th eemplyee on notice the first time before saying that the misconduct should be responded to based upon th…
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-10-04 AT 03:23PM (CST)[/font][br][br]Here's the response I would give to the union's contention: Under Section 29CFR825.307(a)(2): An employer who has reason to doubt the validity of a medical certi…
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-27-04 AT 01:49PM (CST)[/font][br][br]Whether or not you wind up having the UC denied or not is a question of fact, unless in your state, misconduct is always payable under your state's UC provisions a…
  • As far as I know, the only significant federal emplyment law that has a threshold for employers with 100 or more employees is WARN -- the Worker Adjustment and Retraining Notification Act. Of course, your state may have its on WARN type law that st…
  • Perhpas the wording should be "if you're in "at- will employment relationship"...this then can exclude civil service, contract, and collective bargaining agreements, where cause may be required, in the other 49 states.
  • In my role in HR over the years, I've had to handle employees who were friends, but I always drew the line when it was taken adverse action against them. Forutnately I worked in HR environments that there were other trained co-managers or my subord…
  • It depends on the cause for the restriction. For example, an emplyee who is medically diagnosed as permanently blind doesn't need to get updates on any restrictions because of the blindness. For the employer to require that would be a form of hara…
  • In addition to California Employment Law Letter as a regualr source of information, the California Cjhamber of Commerce puts out a very good annual Californai labor law digest that serves a sa good basis for understanding and coordinating all HR iss…
  • Without trying to sond pretentious,I agree with Mr. Forrister. However, in Flaroyale's description of what the manager said, it sounds as if what was happening in Texas was that AFTER the overtime was calculated at half pay, then the rate of pay wa…
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-02-04 AT 08:19PM (CST)[/font][br][br]What does your policy say regarding the misuse of prescribed medication (as compared to the illegal use of drugs)? You should follow what your policy provides, in…
  • Is management making any effort to make all of the employees feel part of a unified workforce? For example, any activities where indivdiuals can join to gether in social activities after work or in joint efforts during work, such charity drives or …
  • The employment relationship is different that the relationship with a customer or visitor or a member of the public who comes into the building that an employer may own. I strongly suggest that legal counsel be sought on the issue to get a defnitiv…
  • I also take the position that meeting notes are not part of the official personnel file but should be kept separate in an investigative file or sueprivosry file. The employee is then free to subimt her account for the "record" to that file or to th…
  • It sounds to a large extent that what you do is redundant to what the supervisor is doing. I have no problem with the supervisor tracking attendance (maybe it can be done through a timekeeper or the use of a "master" timecard for the year) and bein…
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-31-03 AT 01:01PM (CST)[/font][br][br]Don, I would respond to you, but I see this "discussion" is going no place. So, you go on your way with what you want to post and I'll go on my way. Where we a…
  • My complaint is primarily with your idotic statement that "industry would not survive" with the process that I was suggesting. If YOU go back and read my original post, I acknowledge that the process may be more than needed in "at will" situations…
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-30-03 AT 05:17PM (CST)[/font][br][br]Don, yes. It may not be in your mind. But I think it is. I also9think you have some problem with me responding to posts. This is about the 4th or 5th time in …
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-30-03 AT 03:46PM (CST)[/font][br][br]After 20 years working in an union environment and public sector with terminations being subject to forms of "binding arbitration" I can tell you that the practice…
  • Yes, it should have been "without pay". It was a typo, which I am known for on another forum and sometimes on this one. Even public sector in California doesn't require an emplyee to be paid under this situation if the absence is unauthorized.
  • Let me offer up a different way to do the discharge. Send a letter ordering the emplyee back to work. Inform him that his absence is unauthorized (and with pay) as of the first day whenever that was since he has not reported any need to be absent …
  • We require an employee to be on a "full" pay status (could be paid leave) either on the day before oor on the day after the paid holiday.
  • I suspect the being "miffed" is that the eemplyee was seen at a mall. If she was seen on Sunday inh church, would you be questioning her? "The employee called in sick on Friday and Monday, but on Sunday her supervisor saw her in church praying. S…
  • You want to check out why an employee was at the mall on a regular day off and not lying in bed or in the hospital near death because she called in sick on that Friday and Monday? Listen to yourself. Move on. There is no issue here.
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-31-03 AT 05:42PM (CST)[/font][br][br]Carey, you are correct for the most part about docking. However, in California, PTO, if it is unspecified and avaialalbe to be used for personal reasons, such as …
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-17-03 AT 06:35PM (CST)[/font][br][br]Under FLSA, an employer may dock an exempt employee's salary if she is absent for the full day due to personal reasons or absent for the full day due to illness or…
  • When she calls in, give her instructions that she is not to work at home. Period. That she will not be paid for the day, since there is no work to be done at her house. Period. And that you will dock her salary since she is absent for the day. Per…