TXHRGuy
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- TXHRGuy
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Where allowed by law, we only consider current term of service.
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I've seen it both ways. Business issued phones are a far better proposition for the HR department (who will have to clean up any of the irregularities).
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[quote user="IT HR"]Now that you are talking about a possible ADA issue I would consult an attorney. This sounds like it could become a very sticky situation and I think the best course of action is for your attorney to get involved.[/quote] I thin…
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Here are some questions that will help guide us to provide better answers: Does FMLA apply to your company? Is this person eligible for FMLA? Does this person's condition qualify for FMLA? Is this person a qualified individual with a disability? (T…
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OK is 10th circuit. I don't think you have a circuit or state issue with simply terminating this person. I think it's just as important to get the right people on the bus as it is to get the wrong people off the bus. If this person may be the righ…
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What state? In most states, you do not do yourself any favors by having an "introductory" or "probationary" period. Either it's employment-at-will or it's not and by giving it some special name, it implies that perhaps the relationship is not at-wi…
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[quote user="jkrasin"]There is something VERY WRONG with asking for a cert when someone goes to a check up then counting it against their FMLA. A person has to want to use their FMLA. Until they ask, unless there job is in jeopardy, they do not HAVE…
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[:)]
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[quote user="cappy"] Know something. . .you hit on the problem I was having. Even though I knew the things you posted, I did take your previous response too literally. Thanks for taking the time to get me back on the right track. [Y] [/quote] Glad …
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[quote user="cappy"] I'm not an expert[/quote] I'm pretty comfortable with FMLA. 18. 0 29 C.F.R. §§ 825.114(a)(1),(2). The FMLA regulations explain that "inpatient care" means at least an overnight stay at a health care facility, and incl…
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If you wish, I can dig up some stuff from DOL on this but, essentially, being pregnant is a serious health condition for the purposes of the act.
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[quote user="efeldman"] We receive medical certification once the employee has given birth. If they are being put on disability due to a complication of pregnancy, then we request medical certification at the time of that event. [/quote] I ask for…
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If you reclassify her as non-exempt, she can question whether or not she was exempt for the last 6 months and go to the DOL to pursue a claim for back overtime pay. I wouldn't do that. Without FMLA, I think you will be stuck paying full days. Are …
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I would say that it's a leap to go from "The employee must limit their time on the job because the affected area is used in a repeptitive fashion which could exacerbate the injury" to "The employee has a repetitive motion injury caused his or her jo…
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[quote user="SeriousSam2"]California.[/quote] At the time of this writing, California is an employment-at-will state. [quote user="SeriousSam2"]I asked one of the other managers about it, and he said his father in law is an attorney and knows about …
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If you speak with an attorney on this, ask him or her to review the recent Brinks case before the NLRB. This is specifically how NLRA applies to anti-frat policies.
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Oh my goodness, I've confused you with HR_GMC who is distinctly male. Sorry, ma'am! I try to keep it light. :-)
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[quote user="IT HR"] TXHRGuy - I always get a laugh out of your examples (bowling team member)!!I[/quote] Sir: What is wrong with bowling? Can adults not throw balls at sticks for a fee while wearing rented shoes (additional fee) without derisive…
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The main problem is that it's hard to make anti-fraternization stick. Although Mr. Jameson is not protected by the NLRA, Mr. Jameson does have freedom of association outside of work. Straight forward "don't hang out with the non-management employe…
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Question 1: Do writeups have an "execute by" date on them? Answer: No. Writeups don't become useless after a certain amount of time but they do invite uncomfortable questions if left to sit too long. For example, one might wonder why Mr. Smith was…
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They're usually significantly longer than that. It's missing the parts where management reserves the right to skip any number of steps. Although that's implied, implication only goes so far.
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...which is why your progressive discipline policy absolutely must state clearly that any number of steps can be skipped and that any list of things for which one can be immediately terminated is not an exhaustive list. Reserving rights for managem…
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[quote user="HR Mouse"] He WAS spoken to before hand. His supervisor spoke with him 3 times about it before & each time his story changed - [...] If he would have met with us we wouldn't have had so much of an issue, but we had to deduce that s…
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I think in the long run that it was a mistake to address anybody or draw conclusions before speaking with the employee at the center of this issue. I would have a) disciplined him under attendance or insubordination or other appropriate policy for …
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I wouldn't write a separate letter unless/until he signs the disciplinary form. Presumably, you have a standard disciplinary form that allows the employee to say whether or not they agree with the Company's statement and to make any reply they wish…
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[quote user="SubGrapHR"]I think TXHR, as he sincerely always does, has an excellent point with the informal conversation. I passed an assumption that the original post was made by a female in which, from shared experiences in the past, can be diffi…
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I find that a less formal approach in the discussion yields a better response. I try not to make it sound like a court case while also communicating that I'm not having any fun (or experiencing a power trip) in having the meeting. "Jack, I'm not re…
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Does CA Labor Code 1198.5, 1776; 8 CCR 3204 address what's supposed to be in the EE file? I think there's a content question here that may be difficult to figure out from a statute or regulation that isn't aimed directly at that issue. I think OP …
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What documents do you have in the EE file that you are concerned about? If you have things in there that don't belong there (e.g., investigation notes), then move them before showing them the file contents.
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http://community.blr.com/hr/forums/thread/5739.aspx This should help. Let us know if the sources there don't get you what you need!