TXHRGuy

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TXHRGuy
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  • I haven't answered anything; I've requested additional information.   Generally speaking, vacation and sick days are not terribly tightly regulated in most places and the only thing you have to pay attention to is whether you can have a use it or lo…
  • To better understand your question, it would help to understand why you think you might not grant vacation and sick days. If you have an attendance policy, why wouldn't you enforce it?
  • "I want to fire her before she quits."Why?  What will that solve?If the company really wants to get rid of her, then don't accommodate her scheduling request and then enforce your attendance policy.  At least then you terminated her in accordance wi…
  • If HR is also responsible for payroll in your organization, reports on payroll trends, outstanding vacation accrual, staffing adequacy, and training numbers (e.g., sexual harassment % of those intended to be trained, recentness of training), number …
  • Alternatively, despite your title, they don't think of you as management because they view HR as a support role (even if a highly empowered one), but not a business role.  Small companies often have HR because they "should," and not because business…
  • The nature of the offer made by the CEO is critical.  If the CEO made the offer without any strings attached, as CEOs often do, and if the job has been accepted, then it's a little late to require a background check as a condition of continued emplo…
  • Separating them is the easiest but it may not work or it may not be feasible.  Are there other employees who smoke on breaks?  If so, how are they handled vis a vis the person with the odor sensitivity?Under what authority is the claim for relief so…
  • [quote user="sbrunn"]I have an employee who has exhausted his FMLA for the 12 months.  He has no time left, FMLA or vacation, nothing.  He is not able to come back to work.  What are my options?  Can we let him go?[/quote]I don't really think that's…
  • [quote user="CarolL1999"]To those federal contractors out there:  how are you handling the E-verify obligation?  Are you certifying only select employees or your entire workforce?  Are you reviewing I-9's or requiring new I-9's for everyone?[/quote]…
  • That they are away on personal time when this has happened is critical.  Personally, I think this is something you do not want to have a policy about.  Do you really want to put the company, by its own policy, on the hook for any expenses incurred b…
  • Here is a NON-EXHAUSTIVE list to give you an idea:If it indicates the person has seen a doctor (e.g., a doctor's note, even if it says nothing more than "was seen in our office" or "is under my care").If it indicates the person was sick.If it is rel…
  • [quote user="CarolL1999"] "Do you mind saying the basis of your AAP obligation?" =============== TXHRGuy:I'm not sure I understand your question.   Do you mean who is driving the request for using the data for goal-setting? [/quote]As I understand …
  • [quote user="CarolL1999"] Any other thoughts on setting goals is welcome. [/quote]Normally,  increases in applicant diversity are evidence of success in terms of reaching the right audience, particularly if you are hiring a more diverse set of appli…
  • [quote user="CarolL1999"]I am engaging my company in a discussion about our Affirmative Action Plan data, and I can see people already wanting to get analysis of the race/ethnic breakdown in their own work groups in order to figure out utilization g…
  • An offer letter is binding to the extent it is an offer for a job that matches the characteristics listed in the letter at the time the job is taken.  It would be a big step to go from there to the conclusion that the employer cannot change the rate…
  • I am not aware of any law, rule, or concern that should make you hesitate to furlough employees involuntarily in Texas as long as the manner in which you furlough people involuntarily is done on a neutral, business grounded basis.
  • I'd be less worried about the advertisement than I would be about how it is enforced.  There's nothing wrong with having a company whose business is conducted in English and whose employees are expected to be able to read instructions, memos, etc. i…
  • [quote user="CarolL1999"] I agree that I should offer and if she chooses not to apply for whatever reason then that is her call.[/quote]You might want to consider provisionally counting absences as FMLA pending certification and then leave it up to …
  • [quote user="BarbieW"][...]I think some type of amnesty will have to be part of immigration reform.  I also think it's the right thing to do, especially for those who have been living and working in the United States for a long time and participate …
  • One reason it's hard to fill jobs paying under $10 is that multiply extended unemployment is way more bang for the buck.  Some of the hardest recruitment months I've ever experienced have been around a serious economic slide.  With the extension can…
  • Take a look into ADA permissible medical inquiry.  It's been discussed in considerable detail on these boards before, too - so a search may find you some of the discussions about ADA restrictions.  ADA can be a messy place and it's interpretation in…
  • You raise a good point: I do not "friend" anybody I work with if my work involves almost any HR activity, particularly if I perform any employee relations duties.  That includes other HR people, because you never know when you may have to be HR for …
  • Hi Cappy,I was distinguishing private from public sector employee 1st Amendment rights, not challenging their respective, different statuses.  Public sector employees are paid by tax dollars and their speech may be in the public interest or otherwis…
  • [quote user="cappy"]Concerted activity is protected speech. Public employees enjoy a protected speech status as adjudicated  by the United States Supreme Court in Pickering v. Board of Education, and clarified in Connick v. Myers. Private sector emp…
  • There is potential for a privacy concern depending on how the employer found out about the message.  Facebook defaults to privacy: the "wall" is not publicly available.  Moreover, this is not a case of disparaging the company in a public forum, it's…
  • Here are a few things to think about: What if it turns out that what they said on Facebook is not true?  Would that bother you or change your mind about the termination?  Might it be better to fire them under some sort of code of conduct provision …
  • I wouldn't pay for something that didn't include a third party assessment of skill learned.
  • Generally, you have to have your moonlighting policy in writing in advance of the FMLA event.  Even so, the employee has to provide a cert if yuo ask for one: it is an entitlement of the employer and you should seek one to ensure you have an FMLA si…
    in FMLA Comment by TXHRGuy March 2010
  • Flu=Flu.  I like to make vaccines available on site but some employers don't like to do that.
  • If the separation was conducted on the basis of a general rule and executed impartially and if the former employee has no record of being problematic, then you shouldn't be concerned about it at all. There is no better interview than a sample of the…