TN HR

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TN HR
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  • I'll preface my post by offering my opinion simply as that of a recovering alcoholic, and one who is heavily involved in sponsoring other recovering (or those trying to recover in some cases) as well as actively assisting a very prominent treatment …
  • I tend to agree with NG. I would also wait 30 days before I would ask for re-certification. Only then would I send for 2nd opinion.
  • As a last resort, if you're an at will er, do what I refer to as "fire and forget". Gene
  • AHA! Being exempt from the FMLA "thing" and the ADA changes the dynamics significantly! If the EE chooses not to comply with your directive then terminate him. Good riddance! Good luck! Gene
  • I have had this happen once before. Treat this as you would any other W/C suit. Do not communicate directly with Plaintiff's counsel. Any requests for production should go by way of your attorney. As far as timeline, well, that's tough to predic…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-03-05 AT 02:44PM (CST)[/font][br][br]Whoa Nelly! Would either of you wish to go back and re-consider your posts? Don, are you suggesting this employee be summarily dismissed without the benefit of e…
  • You forgot about the surgery he has postponed for forty years to address his undescended testicles as well as his worsening case of phimosis and subsequent need to have an adult circumcision performed.
    in Dual FMLA Comment by TN HR July 2005
  • In TN the pendulum is starting to swing back the other way. Defense attorneys suddenly stared getting bright and realized that they could intorduce evidence that routine tasks conducted at home such as washing dishes or raking the garden could also…
  • I can authoritatively tell you that during my years in private practice I have found that neither federal GOVERNMENT FMLA nor MS Comp LAWS allow for this. It is specifically excluded by estoppel. Why you would ever turn this into your comp carrier…
    in FMLA Comment by TN HR June 2005
  • You have effectively acknowledged that this is in fact a worker's compensation case. You have no choice at this point but to treat is as such. Follow the protocol for WC cases. Gene
    in FMLA Comment by TN HR June 2005
  • Excellent example of what a compassionate and caring HR professional is all about. Sure, you could have applied your policy broadly and not given a damn, but you chose to look beyond the obvious and made some smart decisions. Gene
  • Our policy mandates immediate termination for failing to report ANY accident, incident or near-miss. My suggestion is that you consider a heavy-handed and barbaric policy like ours x:D It works. Gene
  • Very well said. You are absolutely dead-on! Gene
  • This is an extremely dangerous questionnaire to play with Lorrie. Why even entertain this quasi-medical self-assesment when, as you stated, there is "no specific incident to report on an accident form"? Gene
  • If this somehow gained bonafide disability status, there would be absolutely no reasonable accomodation to be had in terms of work area or job design. I suppose you could modify a work schedule to permit attendance at therapy sessions or whatever…
  • This seems simple enough to me when you dissect it, sift the irrelevant stuff from it and then lay the stuff with substance on the table. When he returns to work, lay-out his performance expectations and then hold him accountable to them. Also hol…
  • Sorry Pork, you're straying off-target again. It is not up to you to subrogate these issues. Let the carrier do what you pay them to do. Subrogation amongst carriers is the norm. Focus on your core competencies.
  • Salaried and within the top 10% of the highest compensated individuals, both salaried and non-salaried. That's all that I have known and used. Gene
  • TN HR: for once your thoughts agree with mine! And I couldn't be happier, Pork. I guess you could say that it makes me happier than a HOG in mud. Gene
  • I would terminate the employee immediately for commiting an unsafe act. Attempting to lift a 450 pound drum by yourself is akin to a maintenance employee working on a two-phase 220 volt circuit without de-energizing and locking and tagging the brea…
  • Nope, I'm not buying it. The only exception to this would be alcohol due to the rate at which it is metabolized. In other words, you will not blow anything 3 days after a getting drunk. At best, you're going to get a pharmacologist to testify th…
  • I can see the controversy in this. It's actually been going on as long as I can remember. Devil's advocates will argue that an ee who smoked pot 3 days ago will test positive today after his/her accident but was surely not under he influence.
  • Unfortunately, had this happened in TN it would absolutely be compensable. The flip side of that is that in our environment, the behavior would constitute a safety violation and we would term the ee immediately. Gene
  • Gotcha! I would think that it is permissable and perhaps has even been upheld by the courts under certain conditions. Personally, I cannot imagine getting wrapped around the axle if one of my production employees got a DUI, for example. I think y…
  • Only for regulated positions such as CDL drivers which trumps any state law barring such disclosure. Not sure where you're headed with this, but I would seriously need to look the applicability and how I would audit the process. In other words, ar…
  • "....Thanks to all who answered the post. Unfortunately our own Labs are not NIDA certified and their testing/results will not stand up in court should it get to that point....." I think your only option then is to contract with an outside collecti…
  • I'm not sure that you can get both easy to use and highly accurate all in one. You have the benefit of being in an industry where you can provide a for-profit service to outside entities while fulfilling your internal needs. Gene
  • I'm glad you're experiencing this level of success with the program pOrK. I wish that you would simply accept the fact that it is a flawed system. It is not foolproof and you should report it as such. Recent independent studies are reporting, on …
  • What's your point? This happens every day and SAVE cannot stop it. SAVE will verify each and every one of these turncoats. Don't you get it? Have the golden juices caused permanent damage? By the way, the proper procedure would have been to not…
  • You need to be very careful in how you approach this as far as the male employee is concerned. It is he you should be worried about not her. Gene