TXHRGuy
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I always require a new I-9. Digging up the old I-9 is a pain because they are stored by date of destruction rather than alphabetically.
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Let me rephrase: After termination, the I-9 must be retained for either 3 years from date of hire or 1 year from date of termination, whichever is longer. IT's examples are correct.
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Another consideration is that EE files typically stick around for at least 5 years after termination. Your I-9 docs can be tossed 1 year after termination or 3 years after hire, whichever is longer. By storing and destroying them separately, you c…
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I-9s do NOT have to be stored separately. It is best practice to store them separately. If you get a notice of audit, you have 48 hours to get all the I-9s out of the employee files or else you are at risk of having to let ICE rifle through your e…
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State by state, unfortunately. Seek counsel.
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Barbie is correct: if there is no contract (CBA or otherwise), or a policy or practice in place to the contrary, that is: the person is in an un-constrained employment-at-will context, then you do not need to allow them to stay on board. On the une…
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Look at your state rules on overpayment. Follow your company's rules on ethics. You probably have a code of conduct. Follow standard HR procedures and make sure that this person doesn't have a reasonable story to tell or wasn't promised this by an…
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[quote user="IT HR"] If it is between jobsites after the work day has started then I would say both of the employees need to be paid. [/quote] Agreed. This is consistent with FLSA, as well. The Maryland law adds nothing to the company's requirem…
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If you documented or, at least, had witnesses to the directive to use two time cards, it's time for an insubordination disciplinary meeting.
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The key will be believable documentation with appropriate dates.
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uno) This sounds like you are firing the office manager and replacing her with her assistant. Is there a substantial pay disparity? You can argue that it was simply cheaper to keep the less senior employee because they would do the same work for l…
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A 1-person RIF is almost worse than the typical case because it is easier for plaintiff's attorney to characterize it as a pretextual termination. You need to do your best to be compassionate but also complete in explaning to the RIF'd person so th…
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SHRM has something. BLR probably has something. Something decent for free probably isn't just sitting around but I'm only guessing.
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I would be shocked if Texas had something like that in place and it would definitely be news to me.
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You are only required to make reasonable accomodations so that the person can perform the essential functions of their job. If, because of the emotional disturbances caused by a lack of her dog's presence, she is unable to perform the essential fun…
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We've seen this question come up before but I wasn't able to easily find the posting. What I said then, and still stand behind, is that your loan through your business to your employees must be kept 100% separate from your employment relationship wi…
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As soon as you think that the condition may be FMLA qualified, you have a right to a certification. No need to be shy about it. "OK, John, thanks for letting me know and I'm glad to hear that you will be ok and back next Monday. At your earliest …
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Well, the pneumonia probably isn't related to the epilepsy. I don't know about the particulars in this case but some medications make one more prone to infection. The collapsed lung could be due to an injury incurred during a seizure. If you reas…
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Push for the cert. It's your right. When did you initially request cert? When was it returned? How long has it been since you requested that the initial incomplete cert be completed? Although you cannot ask for re-cert within the timeframe of the…
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The key to cross training is job rotation. If you cross train senior employees and then ask them to run a machine they haven't touched in 6 months, it won't work as planned.
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Another thought in forced OT is liability and workers' comp. Have you considered simply staffing up? Depending on your benefits costs, given that you are willing to fork for OT, it may be cost efficient to simply add head count to work the addition…
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Let me know if you come up to DFW.
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It's raining in Houston but it was downgraded to a tropical storm last I heard. I think that's HRforME's territory....
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All's well in the North. I was down near San Antonio on the weekend and there was some standing water but otherwise all was well.
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I recall reading a study linking back pain to absence. If I recall correctly, getting the person back to work too quickly was likely to result in re-injury, which also isn't good for your OSHA log. Shouldn't this be driven by sound medical evaluat…
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A lot depends on what's on the enrollment form. Our health insurance application asks a lot of health related questions and, therefore, cannot be in the employee file. Our dental forms could be because they do not collect any medical information. …
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[quote user="IT HR"] Consider him mgr - 15+ years Thought resume was cocky mgr - 5 years[/quote] Bingo, in my opinion. [H]
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How much experience do the wo managers you spoke with have with either relying on or supervising IT people?
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If this guy is located in TX or AR and you pass on him, ask him if you can send his resume to me for consideration. I like the honesty and would definitely look more deeply into his background.
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I concur with HRforME. For disciplinary matters, I'd prefer a pen-and-ink signature. I also think this could lead to some pretty tacky situations like a supervisor going off on a subordinate and then telling the subordinate to go back to their de…