LarryC

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LarryC
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  • If the "incident" happens to be a fender- bender with company vehicle, we drug test. If the "incident " is a first-aid only (band-aid, etc.), no drug test., unless reasonable cause.
  • Good advice so far. A while back I fired someone while on FMLA. It seems that another employee, while performing the duties of the absent employee, found some improper goings-on that rose to the level of terminable. We didn't hesitate. Her weak argu…
  • I agree with Heidi 100%! Go ahead and grant the leave. If someone suggests that you are setting a precedent just say, "That's right. And a damn good one at that!" Besides, it sure sounds like foster care to me.
  • Also Stu, the "distance" factor in the FMLA regs is based on the the most "reasonable" land distance to get from A to B, not "as the crow flies".
  • I'm sure some demented plaintiff's lawyer could figure out a way to call it an adverse employment action.
  • Was the employee selected and tested while on leave?
  • To answer your specific question, no you don't. It's nice that you do, but outside the initial notice outlining the expectations and obligations of the employee, you don't have to furnish a "countdown".
  • Thanks, Geno. I couldn't open the website you gave, but I did go to FMLA and pulled up the 825.213 section. That's just what I needed. Thanks.
  • I agree with the Gentleman from Mississippi. The more documentation you have, the better. I assume your FMLA paperwork is up to snuff. You should be OK.
  • I would say that if there is no contract, you can use that doctor, even if he regularly does your pre-employment physicals. Given the opportunity, I would do so.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-15-05 AT 03:33PM (CST)[/font][br][br]The second opinion can, indeed, come from a doctor of the employer's choosing. The third opinion must be from a doctor mutually agreed upon between the employer an…
  • Once granted, I would wait the thirty days and then ask for recertification. THEN if you don't agree, send her in for a second opinion. See the "who's her doctor" thread for the specifics on the differnet opinions.
  • Once you get a cert back from her doctor you can't really question the medical reasoning behind it. You CAN, however, obtain a second opinion at YOUR expense from YOUR choice of doctors. If the two opinions differ, then you get a third opinion at a …
  • Oh yeah, that little detail about all the prep work you have to do so that your attorney is well equipped, that's a "must do". How did I leave that out?! I've never had to attend any depositions, but have had to answer interrogatories and submit aff…
  • You can expect about a year for getting the Independent Medical Exam (IME) done, getting through the discovery precess, the claiment will be deposed, and then a hearing will be set up. The hearing will be your only involvment as far as having to sho…
  • Ok, Don, I'll bite. What does it all stand for?
  • Sounds like if he has the documentation in accordance with your policy, then you also must act in accordance with your policy and pay him. Just curious why you pay nonexempt for time off without using PTO?
  • The business insurance brokers usually have staff on hand to answer HR questions.
    in HR Advice Comment by LarryC June 2007
  • In that case send it. You did your reasonable best to protect it. Can you find out who advised THEM? I would then contemplate the lack of respect shown you and possibly plan my exit. But you're then doing it on your terms, not theirs.
  • Tough spot, njjel. I would tell them this, if they ask: "I could tell you, but then I'd have to kill you. Plus the HIPAA police will be beating the door down looking for me. Seriously though, I am bound by law to keep that information private. Just…
  • Ray, don't spoil the fun. Go ahead and show it, Elizabeth. By the way, you need to buy a vowel.
    in Office Space Comment by LarryC May 2007
  • Actually,Ray, my second choice would be "Godzilla vs. Mothra" with its redeeming social value. Everybody's seen "Debbie Does Dallas", so why show it again?
    in Office Space Comment by LarryC May 2007
  • Actually your right, Nae. I would go with "Animal House" instead, but that's just me.
    in Office Space Comment by LarryC May 2007
  • Interesting, marc. Laws being what they are, they continue to be morphed by case law which likes to use the terms "reasonable person", "prudent person", "reasonable expectation", and the phrase "in the mind of the judges did/did not rise to the leve…
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-16-07 AT 01:38PM (CST)[/font][br][br]hr92175, I think you have a point. Because of your business, my opinion is that you have a right to faith-based culture. During an interview you can describe you…
  • We have a "no solicitation - no distribution" policy which limits such activities to non-work areas (breakroom) and non-work hours (break time)and specifies only charitable organization fundraising or sale of personal items (cars, boats, children). …
  • Morale happens when your managers are also leaders. (Big difference) A good leader is also a good servant. If managers practice a servant (sometimes referred to as biblical) management style as opposed to a secular management style you have better r…
  • David, I like your "heads up" comment. To add to what you said, I would also be prepared to explain exactly how it doesn't conform to "clean and neatly arranged". From what I am interpreting here, I would bet that it does. What it doesn't conform to…
  • Hello again, mwild31. Yep, for reasons you state, the files belong in one central location. If supervisors want to keep a separate "file", so to speak, I let 'em, but I want the originals here in the central files. Good to hear from you again, mwil…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-27-07 AT 05:31AM (CST)[/font][br][br]Here in the Land of 10,000 Ultimate Fighting Contestents, two females exited their vehicle yesterday on a busy stretch of highway during the crush of rush hour and…