TheCol

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TheCol
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  • Don D's wisdom, above, is correct. The handbook on how to defeat a Federal Bureaucracy should begin "don't take them head on". I recommend - as well - the approach and attitude of "how may I help you clear up this misconception? ... and thank yo…
  • I spent 3 years in the Pentagon doing stuff like this, let me offer: the EEOC has subpoena authority. They also have a backload of cases. Yours sounds like a low priority case based on age and riches of the company. I recommend "smiling complian…
  • In my opinion; "no" and "yes". He is not a member of the military and your normal company policy for absence would apply. Send him my advance thanks for his volunteering, in the meantime, you have a business to run. The Colonel
  • I'd treat it just like a sexual harrassment allegation. Put him on administrative leave, conduct your own nquiry in light of his job description, and deal from there. Maybe an offer of another position in the company, if available. Was this assau…
  • The manner of pay (hourly, weekly, monthly, salary, piece work, by the mile, ) does not dictate whether or not a worker gets overtime. His job description is determining. The pizza cutter with a $600 per week salary is entitled to overtime if s/he…
  • Sorry I got in a little too late, it seems. Not mentioned is if the two ee's are in the same supervisory chain; both nurses, both front desk, etc. Big problem in this case, someone has to move. Elso, absent a fraternization policy in the employee…
    in EE's affair Comment by TheCol April 2008
  • On premises, as in work site, workers'comp, overtime challenges, liability for slip and fall, allegation of cheating, bad pot splitting, loser (and there will be a few) identifying with Company site?? no. pick a neutral site and let the company buy…
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-21-08 AT 11:03PM (CST)[/font][br][br]You are being diligent but I read a disturbing fact that you do not have any paper trail to document your fairness and attempts on her behalf. I recommend a summa…
  • Points already well made. The confusion is often with Freedom of Information Act (FOIA) or the Privacy Act, both applying to Government and not a private company. unless you have some dumb policy otherwise, the records are "company property" and n…
  • ther was a company that had a policy "sexual harrassment will not be reported but it will be graded." that's probably not good! The Colonel
  • 1. A single act should not rise to "harassment' 2. It was outside the scope of employment, not a "hostile work environment" as I see it. 3. Investigate, yes, to create a file. Can not ignore any complaint even the 'silly' ones. 4. Did the male …
  • Hatchetman is right on again. I believe you may put into writing the non-disclosure language you want, I have it in our employee manual as a discouragement, but don't try to enforce it literally. First Amendmane, you know!
  • I am not aware of any Federal Rules, Florida permits any comment by a former employer that is truthful absent malice. As a matter of fact, hiding some facts could possibly come back on your failure to disclose. "Eligible for re-hire?" is often as…
  • Florida - it's easy. Just say "Everyone who works here, have a seat. Not, you, Miss, remain standing!" Employment at Will. Any state, if rudeness is in violation of company policy "Team Player", "Work Well With Others", in the job description, …
  • First the "gotta". Can't go below $5.15 per hour. Don't know your state law. Absent a contract (an oral promise might also cause you grief) you can adjust the remuneration for any good business reason . . . that is to say a non-discrimination rea…
  • Agree. The "Big Boss" needs to be informed ASAP. I recommend that he appoint a person to inquire. I suggest a branch manager from elsewhere in the company to take a trip to this location, investigate, and make a report to the boss. Follow the Co…
  • Marie has it right on the money. Salary for "a week's work" involves full weekly payment for even one hour in that week. What caught my eye was her former bank that paid overtime from this calculation "in the following pay period." Can maybe get …
  • good morning. FLSA rule, Florida hasn't altered it to my knowledge.
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-10-02 AT 02:57PM (CST)[/font][p]See Above. I'm sure she meant that the hours were divided by 45, not ""5" for the effective hourly rate. Now. FLSA at the graduate level!: Is the contract for "$400…
  • Don't mix exempt status rules to your harm. The Computer exemption is a fifth exemption added to account for the strange people in the corner working long hours. They don't have the "discretionary authority, independent judgment, rule-making autho…
  • Phew. I spent three years in the Pentagon with the Inspector General of the Army doing what you are doing. I can try to help along the way if you wish: [email]ColC@Bellsouth.net[/email]. My wisdom for now would be to notify the Supervisor of the …
  • The lesson for all is that if the employee remains at his or her work station during a "lunch", eating something or not, it is considered work time and must be paid. There is no requirement for giving a lunch break at all - unless your State has st…
  • Vacation time is considered a "gift" from the employer and he/she can make any reasonable and non-discriminatory rules that he wants. "Use or Lose" is routine. It should be written that way in your employment manual.
  • Bonuses in all ways are a form of salary or "remuneration". Are used in forward year overtime calculations and suchlike. As such, I don't see a way in the world to recoup that money, once paid, absence civil suit for breach of some contractual pol…
    in Bonuses Comment by TheCol December 2001
  • The existence or absence of children is not normally a business matter. It is entirely correct to say "the work hours are from 8 am to 5 pm with an hour for lunch, do you have any obligations that would prevent you from keeping that schedule?" T…
  • A good case of the mathematical cart trying to pull the workforce horse(s), if you'll forgive me. There is nothing good that comes of a forced ranking system with "Mandatory" either good (bonus) or bad (firing) outcomes. On the human side, the res…
  • Job description setting out the essential elements of the job. Mandated by good sense via the Americans with Disabilities Act, anyway. Is English an essential element; read, write, speak? Yes? No problem in denying employment. Your care is furt…
  • I'm sure you have a loyal employee and friend among those that this lady is bothering. Ask as many as you can trust to write you a short memo to complain that their own work is being hampered by the intrusion. Armed with this as exhibits A thru ?,…
  • Without going into "Column A" or "Column B and Column C" on the rear of the I-9, you have two options: Copy the information from the supporting document accurately (SSN, Driver's License with all the numbers!) or, make a copy of the two documents. …
  • Ditto the foot-shoot comment! There's a hidden agenda to me. I would recommend he take the test and have fun with it. Do the best he can, of course. Then see what actions or outcomes evolve. Management may be after another person down the road a…