LindaS
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- LindaS
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Don - Thanks for the advice. I received a grievance back today showing they want to go to the next step and I asked the union president what was going on (there is NO contract violation) and he stated that he was instructed to do this by the BA. …
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We have used mandatory EAP referrals in several situations... 1) An EE who test positive for a "reasonable suspicion" drug test. We have also mandated EAP treatment in situations where an employee allowed their temper to get out of control for an…
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For those of you that feel this situation was allowed to get out of control, I firmly DISagree. This EE was adamant that he did not leave the bottle unopened and he further stated that he had two other incidents of dirty/used food items being left …
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Update... The local PD came last night and spoke with the individual. The officer informed us that it is a felony to tamper with food products and asked the EE what he wanted to do. Long story short - the EE wants the bottle tested for fingerprin…
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Thanks for the feedback but, after talking with the EE, I have the local PD coming in as he wants to have the bottle fingerprinted to assist him in determining who did this. I stressed the "housekeeping" issue and whether or not it did any good, we…
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There hasn't been any "tangible loss" at this point. He is claiming "hostile work environment" and the investigator apparently feels there is "probably cause". He is still working for us, although he has been placed on a PIP plan due to performanc…
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In response to the concerns about safety, this supervisor isn't directly involved with machinery, etc. as we have trained set-up people to do that. The biggest problem comes in from a performance standpoint, not scheduling jobs appropriately, not f…
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Thanks for the responses and those were my thoughts as well but I questioned whether or not I had a responsibility to respond to the concerns from the employees. BTW - I thought the same as you regarding the performance review as we had numerous co…
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Tad - I think you are getting regular health insurance mixed up with W/C. An employee does not "elect" to participate in worker's compensation, they are automatically covered as long as they are an employee. Talk to whoever takes care of the insu…
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In my experience with unions, the seniority issue will prevail. It is always more difficult to prove skills/capability versus seniority.
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I agree with Don. Our CBA has a "modified maintenance of membership" clause in it. This means that all new employees are required to join the union after completing their probationay period but each time a new contract is negotiated, employees hav…
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My former company also switched from vacation/sick to PTO. We also had the policy that any time missed of 2 hours or more in a day was automatic PTO time and they were deducted/paid accordingly. I would NOT recommend requiring paperwork verifying …
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Thanks to all the responses. What he was doing did not rise to the level of legality, it was just wrong. Bottom line is that it is not my decision regarding what to, or not to, do with him and upper management is well aware of the situation so if …
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Thanks for the advice. I knew that this is what must be done but you never want to be the one left feeling responsible for someone losing their job. He reports directly to the president, who is also the person who warned him the last time this hap…
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When the union at the former company I worked went on strike, the EEs did NOT receive funds for COBRA. They received $100.00 per week strike pay, although they had to picket ALL the hours they were scheduled. The insurance, or lack therof, was the…
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Thanks Don!!!
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Thanks to all the responses. In answer to the question of past practice, we do not grant payment without having the EE work the time, in fact the EE is required to work the time in the same manner as it was worked initially. For example, there was…
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While my current employer's attendance policy allows for exceptions due to the weather (we usually follow what the schools are doing), I have had employees take advantage of this exception. I remember one employee who lives no more than 2 blocks fr…
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If she resigns from her position she would be ineligible for UI benefits UNLESS she can prove that her quitting was due to some illegal act on the part of her employer, or if the employer was requiring her to take a different job with a significant …
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I have used both the Final Warning/Last Chance Agreements as well as the "in house" suspensions and have found both of them work well. The final warning is usually given in addition to a suspension, although we have used them instead of the suspens…
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I also agree with Don. You made the attempt to contact her to find out what happened and she did not respond so follow your normal procedures. In order to make a case for hostile work environment the EE needs to bring the situation to the company'…
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I already spoke with our attorney regarding the UI situation and we are awaiting the notice of hearing. While I would normally agree with you about the "challenge", this situation is getting more and more involved and I don't see any end in sight. …
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Don - Thanks for the info. but WI does not have a "waiting period" for UI and he was paid $$ that he now has to pay back. As for the termination, this is the same guy who filed an Age Discrimination claim against us and we are currently waiting for…
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My understanding is that if an EE claims "exempt" from withholding you are required to honor the exemption but you are to forward the W-4 to the IRS.
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We offer flex scheduling for our non-exempt employees. We have a policy in place that addresses when it is okay to flex, how often, etc. Please give me your email address and I will forward it to you.
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When you say, "personnel pay records" are you meaning payroll records? I was under the assumption that they are going to be examining payment of 401(k) and health insurance claims.
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Agree with both previous posts regarding running FMLA along with any paid time off. The only issue would be if an EE was termed due to attendance, it is more likely they will receive UI benefits. We currently do NOT run our FMLA and vacation, etc.…
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Thanks to all for your insight and suggestions. Most days it is easy to just "shake it off" but recently there have been an increasing number of problems that are a direct result of upper management being too "nice" in the past and getting bit in t…
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I would recommend granting the leave. If his problem is such that inpatient treatment is recommended it would probably fall under the ADA as far as the leave being a reasonable accomodation.
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I agree with Don, Rita and the others who feel that this is a bunch of bull. This employee probably knew that she crossed the line with her comments toward her supervisor and is now looking at the proverbial "golden umbrella" of the ADA to help her…