Theresa Gegen TX
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The EEOC could find cause, sue the employer, and all the lies will be admissible before the jury and the jury could get angry and hit the employer with a multimullion dollar award (the same thing could happen if the EEOC issues a right to sue, and t…
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If this person did pled guilty to the crimes "Arson" and "witness tampering", I can't see how this person could be a role model for other young people. Those are serious crimes. But you need to make sure the story in the paper was true and that …
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The company needs to look at the facts of the behavior, compare the behavior to the standard in the company policy, and impose discipline or termination based on the degree of the bad behavior. For example: If the employee slammed a door or threw …
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[font size="1" color="#FF0000"]LAST EDITED ON 12-13-02 AT 09:18AM (CST)[/font][p]Texas worker's compensation law does not require employers to give employees on workers comp any particular leave. What it does require, is that employees on workers c…
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Money from a lawsuit is income and taxes are due on it generally (although it may not be wages and may not be subject to withholding income taxes). The exception is that if the money is paid to compensate for actual physical injuries, no taxes are …
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I am speaking from experience b/c I lost 65 lbs this year. Guess what? People who are overweight know it. People who are overweight don't need to be told that they are fat or that it will have negative effects on their health. They know it. Tel…
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For a hostile work environment, bad things have to be done to an employee. It is not a hostile work environment because another person appears drunk/under the influence. That person has to be doing something bad, and I mean really bad, to the empl…
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Employee #1 physically assaulted another employee (#2). That is unacceptable. Luckily #2 was not seriously injuried by the coffee, but she could have been seriously burned or got it into her eyes, etc. Then employee #1 has the nerve to BRAG to oth…
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Seems to me like you should try to follow the contract as closely as possible. In this case, I would notify the union that the employee has been notified of the need to meet by certified letter, that the employee has not responded, and that if the …
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As Don stated, you need to make sure that the chronic illness and FMLA protected absenses are NOT considered in determining who to lay off. The decision manager should be able to articulate the precise reason each employee was selected for layoff a…
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I think you did the right thing. You hired the employee conditionally -- the condition being that she provide proof of eligibility to work in this country. (I am assuming that the social security receipt is not the type of acceptable proof for an I-…
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First, you have to eliminate from your mind that age and longivity are the same. They are not. In fact, a younger person may very well be more mobile than an older person and jump ship for a different employer. A younger person may have an illnes…
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I don't know why your supervisor doesn't want you to talk about it. He or she may have a good reason -- it may be that the company has a strong suspect and does not want to draw attention to the issue during the investigation. I can't imagine that…
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My .02 cents worth is that if your supervisor told you not to talk about it, don't talk about it. If you violate your supervisors directive, you could be fired. If you think that employees should be reminded to keep items secure, etc., you may wan…
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Anne's response has a good point. In her company, the gift boxes were out so employees could contribute or not contribute without anyone knowing who turned them in. Employees may feel pressure to give during the holidays if it is pushed by an empl…
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The law only requires an employer to pay overtime for more than 40 hours worked in a week (not including paid time off). Therefore, company policy should dictate. If your company has a policy of including paid time off as hours worked for overtime…
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And in training the manager, you really need to let him know what the legal ramifications are of letting someone "down easy" by lying about the reason for termination. The biggest legal risk is not unemployment. The biggest risk is that the employ…
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The potential argument for discrimination would be that your current methods do not reach a representative sample of the population -- but that your current methods effectively screen out some minority groups (intentional or not). So what you need …
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Here's the thing. It's a family business, an employee cannot get along (for what ever reason) with a member of the family. The business is too small to be liable for discrimination in most states (most laws require 15 employees or more -- you need…
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I suggest you look at the EEOC website [url]www.eeoc.gov[/url] It has a lot of very easy to understand information on it about when (pre hiring, post offer, current employee) an employer can ask medical questions and what questions an employer can…
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I don't expect the EEOC will be that interested because the employee was already terminated when the incident occured. The EEOC is concerned with Employment Discrimination. Unless the employee shows that the alledged discrimination effected a term …
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1. If the employee has already BEEN terminated under the WARN ACT, the employee is entitled to his WARN payment. I know that if an employee is terminated for cause, he might not be considered part of the mass lay off. But this guy has already been…
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Under the Fair Labor Standards Act (federal law), breaks under 20 minutes are paid (that's whether off property or on property). A lunch time break (for example 30 minutes) need not be paid. However, many states have additional laws that may effec…
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Assuming that you don't have any notice that the reason for the absense is covered by FMLA, I would write a letter and have it delivered to him. Email does not seem professional enough for the situation. I once had a case where the employer met wi…
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For the Federal Posters, go to [url]www.dol.gov[/url] Go to the search A to Z Under P you will find a Poster Advisor. Follow the instructions and answer the questions. The result will be the posters that you must post under federal law. You can…
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Yes. There is a 5 in one federal employment law poster that contains most (if not all) of the federal things that need to be posted in the work area. You may be able to get one of this off of the department of labor websites (I'm not sure). Most s…
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legally, the employer has to pay for all hours worked. But that does not mean that the supervisor cannot correct, if the employee listed the wrong amount of hours. But if the supervisors goal is to short hours (so the employee will not get paid fo…
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It seems to me that there is lots of bad behavior here that is bleeding into the workplace. This should have been squelched a lot earlier (Like when the company found out that one employee was spreading negative rumors about another in the workplac…
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I would suspend without pay. Their conduct got them arrested. There is no reason why the employer should pay them during the suspension period.
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You can certainly discipline an employee for making a false report of this type -- BUT you'd better be 200% sure that the report is false. Employees who make complaints in good faith are protected from retaliation by law. Disciplining an employee …