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Peyton Irby MS

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Peyton Irby MS
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  • there is no law in mississippi which requires an employer to allow copying of its personnel files. the files are the employer's property, not the employee's. your interpretation of your own policy is a reasonable one. Peyton Irby Editor, Mississipp…
    in Terminated employee's rights Comment by Peyton Irby MS July 2003
  • there are many variations used by employers but they all contain the following: "your employment with the Company is at-will. this means that either you or the Company may terminate the relationship at any time for any reason, with or without notice…
    in At-Will Employment Status Comment by Peyton Irby MS June 2003
  • mississippi law uses the term "degrees" of kinship in inheritance matters. probably has the same meaning as "circles". what the policy is trying to say is how close the family relationship must be to invoke the nepotism policy. some employers spell …
    in nepotism Comment by Peyton Irby MS May 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-29-03 AT 04:31PM (CST)[/font][p] if the tests are provided by a medical provider and claims are processed electronically, then they are HIPAA covered. otherwise, no. however, there is a reasonable exp…
    in Are Hearing Tests Medical? Comment by Peyton Irby MS April 2003
  • offensive body odor is not a protected category. i suppose you could have a religious issue but this is creating a hardship on others. i would address it with the employee and find out if there is an issue. the employee may not even know he is offen…
    in Odor Problem Comment by Peyton Irby MS March 2003
  • kaizen means gradual improvement. go to [url]www.gembakaizen.com[/url] for a more thorough explanation.
    in What Is It? Comment by Peyton Irby MS March 2003
  • your w/c attorney had the right idea. however, many, probably most, employers do use FMLA concurrent with workers comp leave which means you pay health coverage for 12 weeks, but COBRA kicks in thereafter. given the corporate directives, you do not…
    in medical benefits while on W/C Comment by Peyton Irby MS February 2003
  • it is generally best to terminate as soon as it is apparent that the employee will not be suitable. i assume that management and HR agree that the employee will not be able to ever perfrom as the job requires. waiting to take appropriate action may…
    in Terminating New Employee- Reply URGENT! Comment by Peyton Irby MS February 2003
  • i agree with theresa's suggestion. you have done what you can do as far as notification of the employee. propose the meeting with the union and go forward with the termination with them or memorialize their desire not to meet and go forward with th…
    in Termination of incarcerated employee Comment by Peyton Irby MS December 2002
  • >We have an employee that is in jail for about 2 weeks now. The >employee's arrest caused her to reach the total of occurrences in the >absentee program that is cause for termination. The Articles of >Agreement between the Union …
    in Termination of incarcerated employee Comment by Peyton Irby MS December 2002
  • >We have an employee that is in jail for about 2 weeks now. The >employee's arrest caused her to reach the total of occurrences in the >absentee program that is cause for termination. The Articles of >Agreement between the Union …
    in Termination of incarcerated employee Comment by Peyton Irby MS December 2002
  • margaret's response is right on the money. it is not really a legal question as you can set the policy on return to work requirements.
    in Who Pays? Comment by Peyton Irby MS September 2002
  • there are no "magic" words. generally, the eeoc is looking for the reason the action was taken (with any supporting personnel documents), and any company policy or policies that would apply to the fact situation. they usually want to know if any ot…
    in EEOC Position Statement Comment by Peyton Irby MS September 2002
  • >I need to write a position statement in response to an EEOC Charge of >Discrimination. I have never written one before. Does anyone have >any advice as to what information should be included, (I have pretty >good documentation …
    in EEOC Position Statement Comment by Peyton Irby MS September 2002
  • it is not a violation of the NLRA to ask a supplier questions relating to meeting supply dates and the reasons therefor. the question does not have the intent or the effect of what the NLRA prohibits. that is encouraging or discouraging any employe…
    in Business Necessity Union Question Comment by Peyton Irby MS August 2002
  • it is difficult to see where the USDOL is finding a termination and/or any duty to reemploy. 1. the employee voluntarily quit with no pressure from the employer, although it appears the ex-employee must be telling the DOL he was fired or told to …
    in Travel Time for Military duty Comment by Peyton Irby MS August 2002
  • >I read that certain states make it illegal for a company to have a >"Use It or Lose It" accrued vacation/paid time off policy. The policy >supposedly does not refer to situations where an employee resigns or >is termination, inst…
    in PTO Carryover Comment by Peyton Irby MS October 2001
  • your current method is legally the proper way to proceed. you might be able to reduce problem 1 by making it a job requirement that they use the appropriate equipment. if they use the company's, they sign the acknowledgment. if they use their own, t…
    in theft of employer property Comment by Peyton Irby MS May 2001
  • you may want to consider an anti-fraternization policy, especially for managers and supervisors. while it may be difficult to enforce, it may save unwanted grief. consider: a supervisor commences a consensual relationship with a subordinate, the …
    in Office 'crush' Comment by Peyton Irby MS April 2001