Hunter1
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So, is this the evil twin, posting from one's residence? Hatchet is once again the authority on public sector. Usually, the HR person in a small to medium size public sector employer has more knowledge about employment law than the attorney, or one …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-15-03 AT 02:50PM (CST)[/font][p]Some may say that tracking hours at all is going to be a problem, but I disagree (In WI, state law says you have to document all employees' time worked, for example). …
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Don't claim to be an expert, but I'd say we don't know enough about the situation to make a call. Did the new management go out of their way to create new positions so that these two individuals could retain a position with the company? Has enough…
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I'd come down on the side of the apparent majority on this one. It's not any type of harassment or hostile work environment, or anything else illegal. The card has to be taken in context: it is in the cubicle of an employee, not posted in the emp…
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Amazes me, too, but the public is, in many cases, not particularly in favor of public employees getting more pay, benefits, etc, so maybe the city is on to something. The union(s) will not ask for outlandish things or take unreasonable positions if…
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Probably depends on your state law. In WI, the first, proposal exchange, meeting has to be open to the public, but after that the parties can agree to negotiate either in open or closed sessions. I generally try to agree with my unions to keep thi…
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The basics of the Loudermill hearing are that public sector employees have the right to due process if the employer intends to take away any 'property rights', ie pay, employment, etc. The employee needs to be advised of the employer's intent to ta…
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Ruby: Sorry I can't find a cite for a use it or lose it policy, but there's no question that Wisconsin allows the practice. As far as it being an invitation to unionization, I've got 6 unions, and all of them have use it or lose it provisions in t…
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I can sympathize with your situation. Having been in the military and treated well upon my return to my employer, I appreciate the laws in this area, but some employees will always take advantage, and it seems that the military these days does a go…
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In Wisconsin, employees have a statutory right to inspect and copy records in their personnel files. There are some exceptions including investigation of criminal offenses, letters of reference, test documents, staff planning documents, information…
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Unless there's something in your state law or your charter, or whatever, which I doubt, there wouldn't be any need to allow them to bump. Their site experienced a reduction in business; they got laid off. You certainly might want to consider if yo…
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It's only an age discrimination problem if the employer uses it to discriminate. I don't know how you get around it. If a person worked for their last employer for 30 years, it's going to be pretty hard not to give some hint of age. I think a res…
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This isn't scientific or anything, but I think it's all in what they call themselves, and a consultant is generally an independent contractor. They usually are alike in the way you pay them; not on the payroll. But, I'd say that a consultant gener…
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Only your potentially soon-to-be former employee could tell you if you're about to be hit with an age discrimination charge. He's in a protected group, and sounds like he might have leanings toward making a charge. Has a manager involved in the de…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-29-03 AT 11:36AM (CST)[/font][p]Not so interesting. There is no requirement that I'm aware of to have a 'policy manual', therefore, it's no big deal if the company doesn't hand one out. If I had an …
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It would surprise me if your state didn't have an 'open records' law which made this type of report open to the public. You mean to tell me that the news media couldn't get a copy of this report if it had resulted in an accident, etc?
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Yes, and I'm not giving you any advice until you assure me that I'm going to get to see you in the HR Hero t-shirt! Certainly this candidate had the opportunity to clarify what kind of references you wanted. Pull the plug!
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[font size="1" color="#FF0000"]LAST EDITED ON 07-28-03 AT 02:33PM (CST)[/font][p]No problem from a legal standpoint, and I guess it's better than driving an hour between the two jobs, but two full time jobs would cause me some concern from a WC stan…
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Hmmmm? I'm not in Nevada, but we routinely refuse to give out applications; no open positions, no applications given out. Why waste the paper or the potential applicant's time/effort?
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None that I'm aware of, but if you go past 30 to 60 days, the offense probably justifies termination.
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Unfortunately, the way you posed the question, there certainly could be a problem. Did the application question ask if he had committed a felony in the past seven years, or just if he had a felony conviction? If it just asked if he had a felony co…
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How is it that you work for Denton, but your homepage is the URL for a newspaper? Perhaps you could restate your question. Did you mean to suggest that the Director 'fire', not 'hire' the supervisor? And where in this day and age did you get a su…
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I'd give the employee credit for being honest with you. She could have done the recording without asking. I'd lean toward cooperating with her. Sounds like she needs to get this done. I'd also try to make arrangements to see that she's only reco…
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Put up a notice that you are going to enforce break periods regardless of what's happened in the past. That will get you past the 'she gets away with it' response and most union problems. Then make your supervisors responsible for enforcement. (T…
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I like to write my grievance procedures such that the employee has to cite the specific section of the labor agreement which has been violated. You might look to your grievance procedure to see if this is the case. In any case, it sounds more like…
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No federal laws that require vacation, sick time, or paid holidays, but you might prevail on your boss that you're not likely to engender much in the way of employee loyalty or longevity under your current situation.
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Ah, now you ARE asking for trouble. "He's getting older" Better to deal with the performance issue.
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Generally, yes, but see the posting 10 lines down about a similar subject.
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"involuntary career redeployment"??? I like that. Zanne is correct, you seem to have an attendance problem that needs to be dealt with at a minimum. Also a voluntary (at least before discplinary action is started) referral to the EAP or profession…
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Doesn't really seem to be a question of 'legality'. But, if the internal employee has a basis for a charge (minority, female, age, etc) it might be very hard to explain why she was told the position would be filled at a certain grade level and subs…