Peyton Irby MS
About
- Username
- Peyton Irby MS
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
assuming you have not entered into an agreement that you will hire exclusively through the MESC, then no problem. if you have, you may be able to send the applicant to the MESC and then hire through them once the paperwork is done. Peyton Irby Edito…
-
pursuant to the ADA and HIPAA, medical information is to be kept in a file separate from other personnel records. there are HIPAA regulations setting out the persons who are to have access to any medical records. if you have a file with personnel [a…
-
the eeoc takes the position that asking about previous comp claims or personal injury claims is an ADA violation. the allowable questions [according to the eeoc] are whether the applicant can perform the essential physical functions of the job with …
-
you can terminate, note she is eligible for rehire, and have her reapply once she is able to work. there is no ADA or FMLA involved. we assume you would treat this the same as a broken leg for an employee with similar tenure. Peyton Irby Editor, Mis…
-
first, such activity is a criminal offense. did the reporting employee witness this activity? discreetly locate as many potential witnesses as possible, check the times the accused was on duty, and the times customers/other employees were on premise…
-
agreed. direct questions regarding age, religion, ethnicity, family plans, etc. should not be asked. your supervisors or anyone who will be interviewing should be trained and instructed on how to properly and LEGALLY interview. it can not only lead …
-
you may legally prohibit personal cell phone usage. as you are probably are aware, some employers have had difficulty enforcing such a policy. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949…
-
unless your internal policies or civil service requirements dictate that an employee has a right to a fellow employee in attendance, then you don't have to allow it. rules are different for private employers. Peyton Irby Editor, Mississippi Employme…
-
you should check for state specific issues with arkansas counsel. for federal law purposes, pay records for at least three years, unsuccessful employment applications at least 6 months, and employment records for former employees at least one year. …
-
there is no statutory or court mandated protection for a workers' comp recipient/claimant in MS. we assume there is no ADA or FMLA issue. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 …
-
even if it is Tourette's or another neurological disorder, you can still expect appropriate behavior in the workplace. someone who continually disrupts the workplace will not be a "qualified individual with a disability" under the ADA. Peyton Irby E…
-
mississippi unemployment requires the employee to be unemployed through no fault of their own AND available and able to work. pregnancy leave is not a qualifying event for UE eligibility. Peyton Irby Editor, Mississippi Employment Law Letter Watkins…
-
in mississippi you are not legally required to give a reason, written or oral, for termination unless your policies require one. as an at-will state, unless there is a written employment agreement or you are terminating because he reported an illega…
-
certification processes are not affected by time away for military duty. i assume the recruit training requirement is mandated by the state or is a job necessity based on sound firefighting principles. the employee will be allowed to return to his o…
-
"temporary" is generally used to denote persons hired for a specified period of time or a specific task with an expected end date. it is also used to delineate which employees are eligible for certain benefits. some handbooks give definitions of te…
-
the previous posts are correct. the employee is to report an injury within thirty days [Miss. Code Section 71-3-35] but this time limit is rarely, if ever, enforced due to case law liberally construing what constitutes notice. Peyton Irby Editor, M…
-
the simple answer is that an employer is not permitted to employ a person without legal status to work in the U.S. if you find you have such a person on your payroll, they should be given a "resonable" time to produce documents showing eligibility.…
-
offensive body odor is not a protected category. advise the employee of the problem and ask her to correct the problem. this issue is delicate and requires tactful handling. depending on the complaint against the other employee, there may not be a r…
-
most private employers have an absolute policy on no outside solicitation. also, solicitation is prohibited; (A) by employees selling products[such as Avon]during the times the solicitor or the solicitees (not a word) are supposed to be working; and…
-
unless WARN Act coverage is applicable, and I doubt the restaurant had a sufficient number of employees to qualify, there is no state or federal requirement of notification. unpaid wages can be sought through the DOL wage & hour office. Peyton I…
-
not much legal advice one can give in that situation. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.com[/email]
-
certainly not illegal to do so. one soft drink is not a "bonus" so as to affect anyone's rate of pay for w & h purposes. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirb…
-
assuming your policy does not address the issue, you decide whether being on unpaid leave quaifies an employee for holiday pay. for example: does an employee on unpaid qualify for any other paid benefit such as bereavement leave. bottom line: it's y…
-
the policy language would be similar to: "All employees who operate their personal or company vehicles as a part of their employment will be required to furnish proof, satisfactory to the company, of a sufficient amount of vehicle liability insuranc…
-
it is not a good idea to put in the ad about not hiring persons in H-1B status. a claim of national origin discrimination could result. when persons apply, your obligation is to verify eligibility to work in the U.S. and you are not obligated (unle…
-
>Tammy Binford >Editor, M. Lee Smith Publishers > >Is it okay for an employer to post a job advertisement and state in >the ad they will not support H-1B applicants? We do not discriminate >but if we want to find candidate…
-
there is no legal requirement regarding the location for keeping the I-9 files. most employers do keep them in separate files for ease of access in case the INS shows up to check them. the newsletter comment was designed to remind employers that th…
-
yes. in addition, your vehicle liability insurance carrier probably requires it of you. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.com[/email]
-
we are unaware of any INS document that cannot be copied. as you note, only documents to verify employment eligibility and identity are to be copied. you are not required to copy any document, but most employers do so to demonstrate a "good faith" …
-
obviously, you need to ascertain that none of these changes took place because an employee is in a protected category. the comments regarding a release and/or outsourcing assistance are in order. you do not give a time frame for the changes. it is u…