Theresa Gegen TX
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I do not change my answer. The employer has to balance the impact of taking harsh action against how the employees will respond. The employer knows their employees better than anyone else on this forum, and can gauge what the reaction will be. E…
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I don't think it's protected activity, BUT before you discipline or take action against the employees, do a cost benefit analysis. Is it really worth it to make these employees angry about this issue. Maybe next year, (since you know this will hap…
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I would be suprised if there are NO positions in your company that do not require the ability to read, write and understand English. You need to look very critically at the essential functions of each job, before adding this as a requirement to all…
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Your sister should talk to an employment law attorney immediately! If her former boss is badmouthing her an interfereing with her attempts to get a new job, she can sue for defamation and possibly tortuous inteference. (I doubt she has much of a wr…
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Really great HR managers try to help operations and other departments do the job without them. In otherwords, you may end up working your way out of a job, BUT that is how a business stays healthy. I know that making yourself into an invaluable cr…
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I think the advice the previous poster has given is very good. A second piece of advice is to start looking for a new job NOW. I believe you should go on a dual track -- try to improve your current job situation and look for a new job. If this su…
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My opinion is that sick leave is for people who are ill and cannot work. It is not for people to take the day off and stroll on the beach or go to the coffee shop. If they are well enough to do that, they are more than likely well enough to work. …
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Some states allow mandatory direct deposit and some do not. The first thing you need to do is determine what Georgia payday law says. You can call a local employment law attorney (If you don't know one, try the Georgia newletter editors listed on …
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That's good advice Steve. Patty might want to look over the whole policy, to change it so this situation won't arise in the FUTURE. On thing that could be done is just to ask the employee if she would like to use it so she can get full pay when she…
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Since these employees are exempt, they should be paid a weekly salary (not hourly). It is not the number of days in the pay period that counts. It is done on a weekly basis. If the pay period only encompassed one week, but the employees were paid…
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You can try contacting you state wage and hour division of the State Employment Agency. Most states have ones that can provide you with simple answers to these type of payroll questions. You also might look at the agencies website (often they will…
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As far as medical and other ERISA governed benefits, you need to look at the actual plan and see who is eligible. A lot of times, those plans make an employee eligible if the employee has worked full time for over 90 days (or something like that). …
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>I agree with Margaret. This type of thing can really lead to some big >liability. Especially considering the person making these sexist (and >in my opinion degrading) comments is an owner. You can bet that there >are some othe…
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I agree with Margaret. This type of thing can really lead to some big liability. Especially considering the person making these sexist (and in my opinion degrading) comments is an owner. You can bet that there are some other employees who laugh a…
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One additional thing you want to do is to require the employee to turn in proof of automobile insurance to the company, and keep that proof updated. If the employee is in an accident while driving for the employer, the employee is primarily liable,…
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A wellness program is a great way to go. Also, increase training and emphasis on safe lifting procedures, etc. I do not think that you can require employees to lose weight, unless it is tied to an essential function of their job (like fire fighter…
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Legally, terminating an employee for workplace injuries is very risky. In many states, worker's comp retaliation is one of the biggest issues for this type of thing. There could also be ERISA discrimination issues (medical benefit plan discriminat…
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3-6 months would be very generous, considering she only worked at the company for 6 months (which I think needs to be a factor). You may want to retain her for, say 3 months, as a consultant (since that may be the business she is going back into). …
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Honesty is always a good policy. Here, I am assuming that she lied on her application (most applications ask reason for leaving job), and then tried to involve another employee is covering up her lie. That is a good, legal, and justificable reas…
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When an employee complains, go over the policy with them, get the factual specifics, and if there is nothing to their complaint, instead of finding "inconclusive", make a finding that the discipline (or whatever) was justified. The employees will g…
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The employee could have some claims against your company. 1. Defamation - if anything relayed is not 100% true and provable!! 2. Tortous Interference with Employment Relationships - This would depend on the law of your state -- whether or not yo…
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Sounds to me that what you are talking about is an application. Every person who applies with a resume, and meets the minimum criteria (assuming that you are hiring for that slot), should be required to fill out the company application before being…
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The thing you cannot do, is agree with your competitors about wage rates (for example if two big retail stores got together and agreed that they would each pay store managers $35K a year. That would be anti competitive. (Just like price fixing woul…
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Here is a simple thing to do: If you think the handbook is too long, determine what information you can do away with. Then let your lawyer know that you suggest simplifying and getting rid of that stuff (remember, the lawyer works for you - don't k…
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I am not sure if California is one of the state's that allows employees to have copies of things in their personnel file, but this is clearly a question of state law. There is no federal law that requires you to give him a copy of his warning. I …
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I suggest the company start managing those employees!! The supervisor might have to spend more time with these employees until the issues are resolved. If the situation has deteriorated to such a petty level, the supervisor might have to actually …
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The details requested in the form mentioned probably do run afoul of the ADA and the FMLA. How do you decide who is an abuser -- probably someone who uses lots of leave -- so it will be someone on FMLA or someone with a disability, who your company…
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I agree with the posters who say you need to find a new job. You know that the business barely is getting by covering the bills. Your paycheck is one of the bills. Why would you want to hold on to a sinking ship??? (believe me, I held on to a jo…
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This sounds like an employee who used to work for me. I am glad to see she got another job!! Seriously -- This employee should be disciplined and treated like anyone else. The only excusable reasons for tardiness at this point would be some type …
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Just remember, all experiences can be good ones if you learn something from them. I am sure you learned lots on the nightmare job!!