Theresa Gegen TX
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Comments
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Standard practice is to conditional designate it as FMLA subject to getting the paperwork in. Employee has 15 days to return paperwork for FMLA, and since this appears to be clearly covered, you want her to have her rights.
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There is nothing wrong with negotiating an exit deal for this employee -- BUT get your attorneys involved before you do so. There are some good reasons why you might want to let this employee make the first overture about severance. If you haven't…
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As to which law applies -- It all depends on the contract, the facts about where the contract was entered, performed and breached, the particular issue and the state. In texas, you cannot agreed to apply another state's law for a non-compete. But …
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I wish I could bring my dog to work. He's rather protective, so he would come in handy when my boss appears threatening!
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These laws exist in several states, and as more employers try to recoup these types of costs, more state legislatures will pass these laws. The law is pretty clear, you cannot charge. Good Luck!
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Some states require that certain postings be given in both English and Spanish (for example, some things in Texas, like the pay day law poster -- in that case the state agency, I believe provides the translation). That would be based on the law of …
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You basically can do whatever you want. You can put them on a leave without pay, for however long you want. They can complain, find other jobs, or sue for discrimination (like you selected me for leave because I was over age 40), just like they we…
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Don, Most of us drive BMW's!!
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It is very common for managers to keep seperate notes on employees. I agree with the previous poster that supervisors should note when they give oral counseling to an employee. Otherwise they may not recall or if the employee later claims he or she …
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As to the employee who is 21, Texas would not give him any claim. Only employees over age 40 can sue for age discrimination in Texas. The other comments are right on. There is no reason to note the age of the employee in the performance review. …
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I believe there is such a case. If you allow employees to have whatever they want on their computer screens, you should not single her out because it is a religious message. I have also seen this with pictures on the wall or crosses on the wall. …
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Don, you are a fount of information!
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I suggest you contact an attorney immediately to go over your options. This individual has several protected classifications (age and disability), plus you believe that you have misclassified him in the past. You really need an attorney to help e…
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I do not think that employees at a lower level than him who are offended should have to address him. HR obviously has gotten some complaints. Saying "handle it yourself" would not be responsible. Also, the employees may be afraid to confront a di…
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a little known fact about free speech: it only applies if the Government is attempting to stop someone from speaking. Unless the employer is the government, the employee has absolutely no right of free speech at work!
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I think you need someone higher up to sit down and talk to this director to let him know that his behavior is not acceptable. He will not get the message from an HR person, who is not at a higher level. I doubt he will take it seriously unless h…
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The law in most states is based on "expectation of privacy". To destroy any expectation of privacy, the company should have a written policy, telling employees that it could search lockers at any time. You may want to post that in the locker room …
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I am wondering if his doctor is aware of the requirements to have a CDL. It sounds like a person with a history of blacking out while driving, etc., would probably not be eligible for a CDL under the dot regs. You may need to check the DOT regs to…
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The longer you wait to terminate her, the worse the sitatuion will become. If you have all your ducks in a row (good documentation, etc), terminate her now. If not, you can be that she will start complaining of some type of discrimination (age, ra…
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Most insurance policies under ERISA require a qualifying event to make changes (for example, divorce, birth, marrage, etc). I strongly doubt whether starting a divorce is qualifying, and I strongly doubt whether it is in the employee's best interes…
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There is no federal law that requires paid maternity leave. But you need to check your state laws to see if there is a requirement. Good Luck!
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If he has been out since Aug 2002, he should have been placed on sick (paid leave) and then vacation (paid leave) and that should have been burned off by now. That's how a policy like your is susposed to work, when the employee goes on medical, he …
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Everyone belongs to several protected classes. He has a gender, race, and probably religion. But unless you have a contract with him, you should be safe in moving forward, hiring a replacement and terminating him. Good Luck?
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Age is not an issue that can be legally considered. You have to consider whether he can do the essential function of the job, with or without reasonable accomodation in spite of his hearing loss. The fact that you have been accomodating his hearin…
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Decisions about what to do have to be made based on facts. If an employee is safely doing all the essential functions of his or her job, there are no facts to support sending that employee to the doctor. If there are some facts (the employee is co…
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That's a good idea. Manager A's conduct was improper. If he believed that Manager B was involved in something wrong, he should have followed proper channels to resolve the issue. What kind of trouble would Manager A cause if he felt that somethin…
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Yes, but the FMLA will run out after 12 weeks. Then the employee will be on straight worker's comp, which in many states does not require continuation of benefits. If the company does not run them concurrently, and puts the employee on worker's co…
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There might be an OSHA regulation on it.
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If the employee is in generally good health, he or she should just contact an insurance broker. Oftentimes the employee can get coverage for less than cobra. One option for an employee in good health is to get insurance with a relatively high dedu…
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There is a problem with calling the employee's physician. Most physician's will not talk about their patients unless the patient has given them authorization. Patient physician discussions are usually confidential. What I would suggest is to have …