LFernandes

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LFernandes
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  • About 6 months ago, we reclassified some of our Technicians from exempt to hourly. They only complained for 1 day... until they received their next paycheck with included OT. The employees will still accrue the same amount of vacation and persona…
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-07-04 AT 08:37AM (CST)[/font][br][br]So if we pay an EE as "Salaried with overtime", they are guaranteed 40 hours of pay even if they only work 35 hours?
  • I hate to say it but just about "anything" goes in NY. However, in CT (where I live) we tend to be a bit more conservative.. but please.. black bra and white top.. that's so 80's! L
  • I don't know if it's a law or not but if an employee gives notice and we ask them to leave, we pay them thru their notification period. 4 weeks is a long time for a notification period. Does the company require that much notice or did the employe…
  • I think it's has something do to with Controllers because our Controller constantly steps on other managers toes, tries to take over other EE responsibilities, etc. I actually had one employee tell her to cut the crap.... and suprisingly enough, it…
  • no - because in the Sopranos if they have a problem, they just "wack 'em" and be done with it and forgetta about it...
  • I would sit down with her boss and tell him that you've received official complaints about her behavior. Give him specifics but not names. Advise him that if the complaints continue, you'll need to step in an perform an investigation since it is a…
  • If the employee was terminated for cause, resigned but had performance issues, etc. they are not eligible for rehire. If they were a good employee with no issues but just moved on to greener pastures, they are eligible for rehire. Also, we only re…
  • Hi - welcome fellow NY'r. I'm not sure what your asking. If you could answer the following questions it will help. What's a law survey? Do you have mulitple locations and if so, what states? Do you have an employee handbook? How do you normally…
  • We don't have shift differentials but if your company is under a CBA or if you have a policy on shift differentials, (s)he would be entitled to the differential if they are working those hours.
  • That would be great. Thanks!
  • Are you in HR? Like James suggested, I would sit down with her and try to find out what is going on between the two of you and confront her (nicely) on some of the issues. It sounds like she's holding a grudge against you for some reason. If ta…
  • Under the 49CFR 382.603 "The trained supervisor may not order a reasonable suspicion test of a driver the supervisor does not supervise. Motor carrier employers may not conduct reasonable suspicion testing based "on reports of a third person who h…
  • Thank you Don. I mentioned the same thing (supervisor training) in my post. When dealing with reasonable suspicion, the supervisor must be trained and the employee must be taken within a designated time limit to a drug testing facility.
  • I just read that under the final rule, an employer may deduct an exempt employee's salary for unpaid disciplinary suspections of one or more full days imposed in good faith for infractions of workplace conduct rules. These suspensions must be impos…
  • What does your policy say? Do you have a random drug screen or reasonable suspection clause? The employee should have been immediately taken for a BAT. You could also recommend that the EE seek assistance by a substance abuse professional and aff…
  • so.... what happened?? Did she quit? :DD
  • Just make sure that your progressive discipline policy (if you have one) states that the company reserves the right to skip any steps depending on the infraction and go straight to termination. BTW - how long is this EE been with your company? I…
  • Are you her direct supervisor or department head? If not, what department is she in and how does it interact with Operations? Talk to her supervisor (if you're not her direct super) and see if they are having similar problems with her. If you a…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-28-04 AT 02:06PM (CST)[/font][br][br]What if senerio: What if the first part of the game was mildly graphic and the EE felt that they could tolerate it but further on, it becomes very explicit? Shoul…
  • I would definately have them sign a memo with the following condition attached. If at any point during the "testing" of these adult games, the person becomes uncomfortable with them, they have the right to ask for reassignment back to the children'…
  • I think it's hopeless...
  • What are the issues? If it is harassment or anything of the like that is happening between the employee and their supervisor, then they would not be able to follow the chain of command but would need to go to HR directly. We also have the chain o…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-16-04 AT 11:12AM (CST)[/font][br][br]If they've retained counsel, you must deal with the situation at the legal level and shouldn't bring the matter up with the employee at all. As far as the FMLA le…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-16-04 AT 11:20AM (CST)[/font][br][br]I'm involved from the start: Verbal counseling, First Verbal, First Written and Termination. I have the supervisors provide me with all the facts and documentati…
  • Do you have an insurance company who handles your workers' compensation? I'm on the other coast (NY) and we have an insurance company that we go through and they administer our WC insurance. We are required to report workplace injuries within 10…
  • I would suggest having her go for a second opinion but would speak to your WC carrier first. Also, when I report a claim to our carrier, they ask if there are any additional comments at which time I would tell them about the conflicting witness sta…
  • We have a job abandonment policy if an EE is no call no show for 3 days it's instant termination. Since this supervisor didn't show for the first 2 days, I would probably terminate them UNLESS they were told the wrong start date. Do you have any…
  • We pay 15 days of jury duty to full-time employees. If an employee is part-time, we are required by NYS law to pay the employee $40 for the first three days of jury duty and then they are paid for their service directly by the court. LFernandes
  • I read somewhere that the only state which is not an "At-Will" state is Montana. x:-/ We call it a Training Period and at the end of the 90 days we sit down with the EE and give them a review. We also reserve the right to extend the "Training Pe…