Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 10-02-03 AT 03:34AM (CST)[/font][p]I agree with Leslie. Even though the exempt employee may be paid semi-monthly, the FLSA regualiton regarding salaried status sitll looks at the "work week" for the pur…

in Suspend exempt without pay? Comment by Hatchetman October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 11:02AM (CST)[/font][p]Ritamcguire, regarding docking for the whole week, the regs don't really say that. It comes from a combination of two separate provisons of the FLSA regulaitons on exe…

in Suspend exempt without pay? Comment by Hatchetman October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-27-03 AT 04:51PM (CST)[/font][p]I have to disagree to a large extent. I can possibly see that in "at will" situations, not having resignations in lieu of discharge (letting the employee resign once …

in Resignation in lieu of termination Comment by Hatchetman September 2003

It's a semantics game. If your policy allows for verbal warnings, without anything beging given to the emplyee, then that's why your policy is. Otherwise, I don't believe in verbal warnings as such, unless you are saying it is something different t…

in verbal warning Comment by Hatchetman October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-25-03 AT 08:43PM (CST)[/font][p]I'm confused. She is seeing a doctor if she is getting prescriptions over the phone. It would not be either ethical under the medical profession or legal for th edoct…

in Sick EE will not see doctor Comment by Hatchetman September 2003

Without knowing more about the employee's brain injury, surgery and recovery, I suggest you take a look at ADA, to determine if he is eligible for reasonable accommodation which could include a leave for further recovery, even if he is not eligble f…

in Would this be a precedent? Comment by Hatchetman September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-10-03 AT 01:56PM (CST)[/font][p]I don't have any specific wording since I work in a public sector and "at will employment" is not used (terminations are for cause). However, what you want to do is to…

in trying to come up with wording Comment by Hatchetman September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-09-03 AT 02:56PM (CST)[/font][p]If the daughter is older than 18, make sure that the employee is NEEDED to care for the daughter because the daughter is "incapable of self-care because of a mental or …

in Should ee get leave of absence Comment by Hatchetman September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-08-03 AT 02:07PM (CST)[/font][p] I agree with Nrdgrrl... If your company has a standard practice (or policy) of charging accrued time benefits for partial day's absences but still paying the full sal…

in Exempt Status Comment by Hatchetman September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-05-03 AT 10:06AM (CST)[/font][p]I was responding to what appears to be the general misperception that ADA requires the employee with alcoholism to have to go through rehabilitation in order to be cons…

in Alcoholic Employee Comment by Hatchetman September 2003

Firstly, ADA does NOT identify that alcholism is automatically disability. Courts have held that it may be for an individual but that would need tobe medically diagnosed and meet the same criteria that any other medical condition would have to meet…

in Alcoholic Employee Comment by Hatchetman September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-26-03 AT 10:02AM (CST)[/font][p]Firstly, in our jurisdiction there are ways to terminate poor performers and ongoing problem employees. We establish "bumping rights" for more senior employees to pr…

in Bumping Rights? Comment by Hatchetman August 2003

I have to disagree with Balloonman. Bumping rights has no such connotation unless the decision of the company is to lay off only poor emplyees. If the company routinely lays off documented poor emplyees and it has a categorical policy to allow sen…

in Bumping Rights? Comment by Hatchetman August 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-21-03 AT 08:14PM (CST)[/font][p]Loudermill was a security guard of the Cleveland Board of Education. On his job application in 1979 he stated he had never been convicted of a felony. About a year la…

in The Final Loudermill Question!!!! Comment by Hatchetman August 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-21-03 AT 05:14PM (CST)[/font][p]Shawn for years and years I did full-blown administrative hearings before a hearing officers of the County's Civil Service Commission on disciplinar and discharge actio…

in The Final Loudermill Question!!!! Comment by Hatchetman August 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-21-03 AT 09:57AM (CST)[/font][p] OMG, I just envisioned James with Bare Naked Ladies! #-o Gee, is that Margaret on his left there? x:o

in Bare naked ladies Comment by Hatchetman August 2003

Yes, even though we only hire the best bare naked ladies around. We have about 2400 bare naked ladies including licensed professionals. I'm the only clothed male around.

in Bare naked ladies Comment by Hatchetman August 2003

Just thinking about Don wearing capri pants should result everyone wanting to ban people wearing them. Even Shania Twain wearing them does NOT counter an image of Don wearing them. And if an image of Don wearing capris doesn't do it....then conside…

in To allow capri pants or not Comment by Hatchetman August 2003

I would discuss the incident with your boss and let her review thematter with the GM. Express your concern about consistency of policy application if that was an incident that would have gotten non-managers in trouble. But don't press the point aft…

in NEED ADVICE!!!! Comment by Hatchetman August 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-19-03 AT 09:32AM (CST)[/font][p] Since it is the terminal week, you can prorate the final week's salary based upon the number of days actually worked. That is provided for in the FLSA regulations. I d…

in another HELP! need info on firing exempt Comment by Hatchetman August 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-19-03 AT 11:03AM (CST)[/font][p]The Supreme Court in Loudermill set out broad criteria. Certainly what Ohio does is not automatically applicable in Connecticut. In California we do provide copies …

in Loudermill - further questions Comment by Hatchetman August 2003

[font size="1" color="#FF0000"]LAST EDITED ON 08-19-03 AT 01:23AM (CST)[/font][p]We've been dealing with pre-terimnation due process rights since the late 1970's here in California. There was a Sate Supreme Court ruling that upheld the due process …

in Loudermill - further questions Comment by Hatchetman August 2003

Under the federal National Labor Relations Act, the NLRB and the courts have held, for several years, that an employee discussing salary with co-workers is a protected right, and an employer may NOT prohibit it.

in Prohibiting Salary Disclosure Comment by Hatchetman August 2003

Since you would be engaged in the ADA interactive process on the emplolye's claim that his work problems are related to ADD or ADHD, which is in part to determine if in fact the employee is disabled under ADA, you may ask about the use of medicaiton…

in ADD=ADA? Comment by Hatchetman August 2003

Well, I appreciate the comments that I've used a little humor on this BB. That surprised me because I do have a very good sense of humor. I guess over the past few years have not expressed it much on the various BB's on HRHero, althogh I do express…