SMace
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He passed the DOT physical. I would think the responsibility is on the doc that did it.
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As to your question, I'm not even going to try to wrap my brain around it. I would be shocked if this one doesn't go on up to the Supreme Court. As to this being adopted by other circuits, remember that this is one of the most liberal circuits in …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-12-07 AT 11:32AM (CST)[/font][br][br]The 1st circuit covers these states: Maine, Massachusetts, New Hampshire, "Puerto Rico" and Rhode Island. If you are not in one of those states I wouldn't jump of…
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yes
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Don't miss Orlaw's point. Even if the scanner is mobile he has to constantly listen to it. He can't go to the movies, can't play a round of golf. I think the ee has a good point.
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Ray hit the nail. What did you tell them when you laid them off?
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[font size="1" color="#FF0000"]LAST EDITED ON 02-15-07 AT 12:11PM (CST)[/font][br][br]Maybe I'm misunderstanding you too. You CANNOT purge I-9's of current ee's. The three years only comes into play if you term someone before two years service. I…
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No, you do not have to hold the job. If you need a manager and he can't show up, ADA doesn't help. Now, keeping him on the kitchen staff depends on policy and/or precedence. I would apply your attendance policy to the jail time. The rehab woul…
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First of all, it would be a 2 drink MAXIMUM. Ha, the only reason I noticed is because I made the same mistake on an insurance quote. I have not had an incident like this but I have some thoughts. What does the "injured" party want? You are going…
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I'll throw in a disagree for Ho-ho's. I don't consider a termination as final until I'm sitting face to face with them. It is possible (not probable) that something may change your mind. If you term for job abandonement you're almost guaranteed t…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-06-06 AT 11:03AM (CST)[/font][br][br]Here's my take based on my experience. The complaint would have been filed with the DOL. A DOL investigator will call you and demand you reinstate the employee w…
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I thought the Safe Harbor had to do with 401k. I know if you get no-match SS #letters and don't correct them there is a fine. It should say on the letter.
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You can require PTO, but if they don't have it you can't dock their pay. That is the FLSA. State law may differ.
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If they are legal to work I don't see how they can't be employed as a security guard. Wouldn't that be discrimination if they couldn't? But to answer your question, no I don't have a legal interpretation of the second amendment. You'll probably h…
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I wouldn't give her a damned thing. Get a restraining order if you have to. Sit back and wait for the subpeona that will never come.
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Agreed.
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Paul gives good advice, but I'll add this. Tell the guy if he wants his warning gone, he has to get the ticket thrown out in court. Otherwise warning stands. He should be able to add his side of the story to the record. It sounds like you want t…
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It is recordable on your log per Fed OSHA guidelines. I'm not sure about CA, but I can't imagine it would be different. The good news is you don't pay the comp.
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HIPAA requires PHI to be kept secure. Not sure if it specifically speels out locked, but we keep it locked. We lock up the files at night, but I'm not sure there is a reg. It the right thing to do, though.
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I think cards are a waste of money. But I don't even like birthday cards. Why not make a charitable donation in the amount it would cost and have all your reps tell your customers what you did. Give it to toys for tots, or some other holiday orga…
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We just say full-time.
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Aha! I guess I should have said a "federal" court of law. You've got to watch those pesky state laws.
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I guess it could be "construed" as age discrimination, but not by a court of law. Not saying I agree with it, just do not use the "it's illegal" argument to win your case.
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18 is the age requirement in general industry. I don't see any legal problem with not hiring anyone under 21. Why does the CEO want to do that? That move would shrink your candidate pool and I can't figure out why you would want to do that.
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What most folks are trying to get across (IMHO) is to be careful labeling certain behavior as hostile work environment. That's a legal term that really doesn't provide value to anyone but attorneys. His behavior is not HWE. Just because one case …
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Could you please site the case you are referring to?
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I'm going out on a limb to say you've received no response because you have entered relatively unchartered areas. IMHO the EEOC would say that it is illegal to not process the application due to national origin discrimination. Your argument would …
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Nobody is biting. I'll try to help. Bad idea. You can place the information in the breakroom or mailroom and anyone who wants it can get it. He/she doesn't need to know anything else. If they insist, I don't believe you are breaking the law. Y…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-14-06 AT 09:09AM (CST)[/font][br][br]Bingo. You can give him the line, "How can we expect the rank and file to take it seriously if our LEADER doesn't." Edit: Be careful, don't think that he can't …
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Since you asked, someone in your company needs to get the kuhunas to straighten out your VP. If he does this for the fire drill, I'm sure there are more of the same issues with other stuff.