Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
I-9s are usually kept seperate because the nationality of the individual is nobody's business, and people who access the personnel file (which is usually more people than who access the I-9's) could use that information in a discriminatory manner.
-
In Texas the Texas Workforce Commission uses a formula based on the amount earned (base wages) over certain calandar quarters. It is not that easy to explain, and you are better off calling the comission and letting them make the determination. Go…
-
Consider firing her. If she is not working the hours that you have set, there is no reason to keep her employed. Also, I would not have her watching her child at work! How can she be working! If she is working, then either her child is being wat…
-
You are always going to get these types of issues, no matter what your policy says. And if you don't investigate at all, you will at somepoint get stuck with a discrimination claim and a claim that you did not take remedial action. Investigation m…
-
If you accepted her retirement and let her know it, and then took business actions in good faith based on that, I do not see that you are obligated to let her change her retirment date (unless she has some type of contractual agreement or if she is …
-
There would be legal recourse in a civil sense. You could sue the employee to enjoin further use. But that would be very expensive and probably only worth your while if you thought the employee was taking or accessing confidential information or t…
-
If excessive cell phone use is the only issue with these employees (performance is otherwise fine), considering giving them a written warning before firing. Be specific as to what they did, and say if no immediate change is seen, they will be termi…
-
Whether it is legal depends on where the posting requirements come from. If they come from a collective bargaining agreement or a governement law, rule or statute, the agency may not have complied with the requirements. It would require finding th…
-
How can 90% of your employees be exempt??? That throws up a red flag. Even at a lawfirm, filled with attorneys, there are plently of non-exempt staff people. You would find the same at a doctors' office. Unless you have a very odd business, you …
-
Well, to put in another view, whether you are a government contractor or not, you should have diverse recruiting practices. If your workforce is all one race, but the available work force is diverse, the EEOC can look at you and find that your pr…
-
The EEOC has forever taken the position that asking about arrests and detentions discriminates on the basis of race. It is a sad fact that minorities are arrested and detained by the police and let go without charges, because the arrest and detenti…
-
Your carrier is right. But the company will be on the hook for any damages after the drivers insurance is exhausted. So you may want to have the people who drive cars for work purposes give you a copy of their insurance card and keep an updated co…
-
At some point, it becomes clear that the employment relationship is not working out. If this guy is a pain, always complaining, but has not engaged in protected activity (and since I don't know the details of the issues, only you can answer that)…
-
If 99% of the applicants are doing it wrong, I wonder whether your ad was confusing to them. It seems confusing that you want an application with a cover letter (that's a bit unusual). They don't have the form for the application. So some may int…
-
Your company probably has a policy against harassment. It sounds like these employees are violating it. They need to be told in no uncertain terms that the company will not tolerate their behavior. Good Luck!
-
If you ever have to go through one again, you need to develop the communication plan for both employees being laid off and employees remaining BEFORE the layoff. It does not need to be a long detailed plan, but it should consist of drafted answers …
-
You are right Don -- they will go after the employee first, but once that liability is exhaused, the employer has deeper pockets. If a lawsuit is filed, the plaintiff will sue both the employee and the employer and both will be liable (although the…
-
Well, here's another way to look at it -- The employer can make a person's job duties be just about anything. Even driving can be part of the duties. (So long as the employer is not discriminating). But the employer must PAY for the time spend dr…
-
There is a handbook available on line at [url]www.eeoc.gov[/url]. It gives information about how to fill it out and when it is due. I believe that the report is required as of September, so you should have some time. There is also another webs…
-
But many states have smokers rights laws. You can tell them they can't smoke in the work area, but you cannot discriminate against a smoker in hiring. In most states, these laws are not labeled "smokers rights", what they say is "an employer canno…
-
The grocery store may be liable for harrassment from customers. The grocery store would have to take remedial action after learning about the harrassment (for example, asking the customer to leave). The grocery store would probably be held to a …
-
It's called a union. I think that the labor laws prohibit you from setting up an internal "company owned and controlled" union, which is considered any organization which exists to resolve employee grievances. This would be unlawful domination of …
-
You can treat him as a new hire (again, unless there are union issues or a policy issue). I would not move the current employee, and would only rehire the former employee if there was a vacancy. Good Luck!
-
Generally, the former employee should be allowed to APPLY for any available position. The company should hire the most qualified applicant for the position. (Which in many cases will be the former employee). The company is not required to create…
-
There is no magic time frame. If business conditions change or a need arises, you can fill a position. BUT the employee who was let go could claim that the layoff was a pretext for unlawful discrimination. For example, if the employee let go was …
-
I suggest that you be honest about it. They might take back the job offer, as job offers are usually contingent on passing background checks and phyicals. But if you are dishonest and they find it, you stand no chance. If you easily found it, the…
-
Generally, in a reoganization (as opposed to a straight Reduction in force) when you seperate the person from the job as I understand it, you look at the organization and skill sets that you need (Like putting together a blank org chart). What do w…
-
If the employee is entitled to medical benefits until after 90 days of employment, whether you label it as a probationary period or not probably does not matter. Those types of benefits most likely will have to begin. (You will need to check your E…
-
Make sure that you determine exactly what you want you light duty policy to be because you are setting a precedent. It is okay to only offer it if there is work available in that employee's department. You need to be clear with the employee that th…
-
It is not easy to erase a computer trail. Your inhouse people may not be able to recover what occured, but I would be that an outside source (foresenic computer experts) could recover the data and see what the employee did.