Steve McElfresh
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Yep to much of what has been said, even by the Dons. If you believe, and act as if, "at will" is dead, it will be for you. For the rest of us, it is just under assault and worthy of protection. I did a quick search and noticed this article that h…
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Don, Right you are. By the by, the stupidity for which Sunny is liable is apparently coming from "Corporate", not their payroll vendor. Which makes it worse, of course. Steve Mac Steve McElfresh, PhD Principal HR Futures 408.605.1870
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[font size="1" color="#FF0000"]LAST EDITED ON 09-18-03 AT 03:22PM (CST)[/font][p]Sunny, The question is not especially intelligent (for more reasons than their ham-handed English). While there are reasons doubt whether this can lead to meaningful …
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Hoops: What is an "applicant"? Simple question, right? Wrong. Getting the OFCCP to define "applicant" is a surprisingly elusive goal. There has never been certainty, and the EEOC/OFCCP has for two years missed multiple deadlines set by the OMB t…
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Sunshine, Here in CA, transsexuals have some employment legal protection. I don't know offhand about other states, or the applicability of FMLA or ADA, and perhaps others are experienced with those issues. But legal coverage is not the real issue…
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Don, I have had much better experience with H-1s than you have, apparently. They have been generally great employees, before and after the Green Card, if they go that far. And, as with the H1, there is no requirement that the employer fund the Gr…
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mstechphr, The addressing mistake in my reply was as much mine as yours, as the "real" (registered) name of each poster is clearly given at the top of each message box. If I hadn't been lazy, I would have noticed the different identities and known…
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Tammy, I don't know if it is legal (and am surprised, if I understand you byline, you or your colleagues don't know), but I would share your apparent caution. However, even if you don't want to initiate a visa process with a non-working immigrant,…
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Don, Thanks (??!!) for asking. My permanent-reminders-of-temporary-emotions are many, but largely not visible. Unless you count the 6" scar on the side of my knee, but that is a story for another time, another place. It certainly has no standing…
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Fascinating discussion with, as usual, a great deal of wisdom. Most places I have been followed the dichotomy many of you express: Customer contact = no or very limited tattooing (and, yes, mostly dealt with at hire), and No contact = they could h…
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Friends, On the general issue of such policies, let me also suggest a third option. It is little used, but has proven useful in some companies. It started with a client who had one form of use-it-or-lose-it policy, a capped accrual (they did not …
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Verycurious, You have many useful replies, and I have little to add. I spend too much of my time in Silicon Valley where we are sometimes grateful that engineers come even clothed. But I do offer the light-hearted view, below (apologies for the l…
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CTaylor: My read would be that IF you are an at-will employer and IF you have not compromised that position with this employee by other actions, following any of your three plans should be possible (of course, if you need to be confident, you need …
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I need to be a little contrary on this one. We in HR tend to run the other way when we hear they may be liability in a proposed action. But notice that this is not what happens in business generally. Whether it is an alcohol event or any other …
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Don, I think you got the answer on copying immigration documents. On the other part of your query, whether you have to copy for one and all . . . I am not aware of any reg. or guideline that says that (corrections welcome). However, I could imag…
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I think you and Don and some others have it "right on". Too many people are apparently paralyzed by the HR boogymen (maybe there are boogywomen too, but I don't think so). 1. Precedent. "If I do it now, I will be bound forever more." Horsepucky,…
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Great advice has been given above. I would emphasize and draw out one theme that is implied by several of the others. HR folks too often have style when asked to do something, or observing that something needs doing, to salute and add it to their …
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Lest Crout and Don be too alone, I would side with them as well if you confirm my assumptions: - You have determined, in advance with your lawyer, that a non-compete is enforceable under the circumstances in your state, - It appears to be a reas…
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Uh, James, not to be picky but I notice your lucid and substantial response to DD did not in fact answer Don's question about any risks in tracking exempt time worked. Nor is it directly addressed in your excerpt from HR Quick List -- a great piece…
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Assuming Texas is an at will state (and I strongly suspect it is), whether you "have to" put them in their old jobs is probably entirely dependent on your policies and practices -- including any apparent assurances given them when they were relieved…
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Nina, Actually, I think you will find largely the same answer under federal law, FLSA. I.e., if the exempt employee works any part of the week, you will have to pay for the whole week they are out on jury leave. The additions in Calif. are 1) yo…
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You might also try HRNet, one of the YahooGroups. It has somewhat similar content to this group, but is much less personable. This group is down-home-friendly, HRNet is big-city-brusque. Searching the archives rhere can be very useful, as there ar…
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The IRS recently consolidated the list of criteria to 11, and it is available in IRS pub. 15-A and at [url]http://www.irs.gov/formspubs/page/0,,id=106115,00.html#T9[/url]. The criteria are in three groups, Behavioral Control, Financial Control and …
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Ditto to Terri's comments. It does not make sense for everyone, but for some it can the right answer. For instance, I am seeing more hospitals find it cost-effective (including, sometimes, 24-hour centers) due to the cost of nurse turnover and eme…
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Jerry, Let me see if I understand. You hired someone not competent to do the job required. You now recognize that and intend to fire the person. You would like to not inccur unemployment charges, which you will do if you acknowledge the person's…
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I would just add two itty-bitty things -- based on my (mistaken?) interpretation of your comments that you have more than one or two employees who are resisting. First, employees needing to be forced to go to a morale/team-building event is troub…
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The dear sponsorers of this site, HRhero.com, have state employement law periodicals they distribute for most (all?) states that are excellent for updates and emerging issues. Look in column to the left, under "Ways we can Help" - "Products by stat…
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Pattyo, If your policies don't require an employee to coordinate STD and PTO, and if you haven't placed this requirement (or don't intend to place this requirement) on other employees, it would be a singularly bad idea to make such a demand in this…
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Further elucidation of political geography: we do not appear to have many vocal participants from So. or Central California, as most of them (but for Santa Monica and Hollywood) will claim that the Left Coast appellation really applies only Santa B…
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Rita Anz: This is a subtle reference to the astonishing respect given California values, widely recognized in the deep south by those envious to live here . . . ;- } Sorry Don. Seriously, it is a term for the west coast, and the value attached …