Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
Your state law will determine whether you can pass the costs. Several states now have laws that say that an employer cannot pass the costs of preemployment screening. Will the added interest in doing so by employers, I could see more states passin…
-
If you are being sued individually and are not comfortable with the company attorney, you need to get your own attorney. You can ask the company to help pay for your own attorney and many will. Also, if you are being sued individually, you need to…
-
You had better look at the WARN ACT because from what you are saying you are covered (more than 1/3 of staff and more than 50 employees at a single site). That requires specific notice (of 60 days), not just to the employees but to the state agency…
-
For California especially, you need to hire an attorney to help you. California has lots of extra employment laws that are stricter on the employer than other states. I would suggest that you do not try to do it without expert help. Texas is a bi…
-
If that employee is smart enough to come up with a legal term like "hostile work environment", she will probably be smart enough to determine that it is based on something illegal (age, race, gender, etc). And yes, women do harass women sometimes. …
-
Unless the government actually requires your employees to be US citizens, it is illegal discrimination for you to rule out non-citizens. The non-discrimination laws in this country provide that an employer CANNOT discriminate on basis of national…
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-11-03 AT 02:32PM (CST)[/font][p]There are different requirements depending on how many people are laid off under the Age Act. If more than one is going and given the package, the release needs to hav…
-
There is really no bright line rule. The IRS uses a 20 point test, that boils down to the "right to control" the details of the work. If the school is controlling the details (how the classes are taught, all the tests, grading, etc), then the pers…
-
Hire a good labor lawyer immediately to help you decide how to address this issue!! Worker's comp retaliation lawsuits are VERY dangerous.
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-07-03 AT 07:47PM (CST)[/font][p]Look at your company policies. I bet you have a rule against solicitations and distributions. Assuming your policy has been reviewed by a good labor lawyer (to make s…
-
By the way, a mandatory retirement age would be illegal. Good Luck!!
-
Unless you are a governmental (public) employer, there is NO freedom of speech issue. Freedom of speech only protects you from the government interferring with your right to speak. An employer can interfere at will . . . unless the speech is based…
-
Bottom line -- There is no right to display a conferate flag. Being a "confederate" or rebel or whatever is one of the few things that is NOT a protected classification. Good Luck!!
-
Unless she brought up a protected type of concern (it's against my religion to wear a bathing suit), this is a performance issue. If its a religious issue for her, then you have to look at making a reasonable accommodation and go down that road. I…
-
A 3 month old baby needs pretty much constant care. I don't see how a mother could get any work done with her 3 month old there. Also, if (God Forbid) something were to happen to that baby in the kitchen (burns, cuts, etc), the employer could be h…
-
Legally, you can get in to trouble if you hire away lots of employees from the same competitor and if those employees had access to trade secrets and confidential information. (Your company and the new employee can get sued by the competitor) Gener…
-
I assume that anyone who takes a day off with pay, which is not a normal paid day off (like new year's day), is using vacation or paid time off. A salaried person who takes an entire day off for personal reasons does not need to be paid for it, so …
-
Nope. No law against it. In fact, it is not unusual to have a layoff of some employees coupled with a bonus of others, because the employer wants to ensure to retain the other employees (sometimes in layoffs employees will quick, if they think that…
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-02-03 AT 09:38AM (CST)[/font][p]You do not have to allow any breaks at all. But if an employee takes a 5 or 10 minute break, that time must be paid. Don't have them clock in and clock out and not pay…
-
You really should have an attorney look over your organization and what it is doing to make sure it qualifies for the exemption from Title VII for religious reasons. It sounds like it would qualify from your post, but there has been atleast one cas…
-
Regardless of the 90 day period on the union agreement, she is an employee under all the laws related to discrimination. 1. Ignore the rumor that she is pregnant. It is not a legal reason to terminate her employment. 2. Apparently the 25 lbs …
-
Also,I believe that 100 employees triggers the duty to begin reporting data on an EEO-1 report to the EEOC annually (which has to do with makeup of your workforce).
-
Personality conflict is a legal reason for termination -- UNLESS the personality conflict is based on a protected classification (like age, race, sex, etc) or if the manager has a contractual right to continue as a manager (generally only if he has …
-
Unless she claims her termination was based on her being in a protected classification (because of her race, sex, age etc), I don't think you have a worry. But, as some others have said, you can write an employee up for being slow to finish tasks a…
-
In Texas, the employee is eligible for unemployment UNLESS his termination was for willful violation of a specific work rule or the employee voluntarily left the job. That is based on how the law is written. If you go to the website of the Texas W…
-
New supervisors cause lots of lawsuits. Each employee must be handled fairly and the supervisor needs to learn how to implement the changes and get employee buy in (that is part of his job). If the employees are resisting the changes, rather than …
-
I don't think you need a written policy to curb his behavior. He just needs to be told that he needs to get off the phone and keep personal calls to a minimum at work. (your current policy probably addresses keeping calls to a minimum which would …
-
I'd be concerned about a few things: 1. Will the tasting class be required. If so, employees must be paid. 2. What if an employee cannot drink because of being a recovering alcoholic or other medical reason? Will that employee be excused? 3. Wi…
-
I just read an article about identity theft. Some poor employee had his identity stolen when a party called his employer, claiming a need to verify some information in order to give the employee credit. Apparently the slick talker on the phone was…
-
Unless you are sure all the references are going to be glowing or unless you limit references to just: dates of employment and position held, a release is not a bad idea. Good Luck!