Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
I agree that it is a long time, but I would not rescind it just because the union squacks. The union is paid to complain, and will complain about many things if they think it will get them ahead. Unless your contract requires the discipline to be …
-
Absent a contractual right (like something in a union contract or even in your company handbook) there is no recall right for laid off employees. The company can call them if the company wants to. Also, the employees should be allowed to reapply i…
-
I looked at the official State of Tennessee website about employment (and specifically pay laws). I did not find that as a law. The law seems to be that whether the time must be paid is based on the written policy of the employer. Good Luck!
-
You certainly can't force the employee to quit smoking. (By the way, if their health is suffering, the employee probably wants to quit, but smoking is quite addictive). If your company has an EAP, and if the EAP would provide resouces to help the …
-
Yes. You can have different benefits for management vs. hourly employees. The one issue you will have to be concerned about is for your ERISA type benefits (medical plan, insurance, retirement, etc), ERISA has non-discrimination provisions which …
-
Light duty can be limited to a certain time. Most employers limit it for 30, 60 or 90 days and require that the employee be improving during that time. In otherwords, if the employee has perm restrictions, then no temp light duty is given (since t…
-
Lots of companies have "crew chiefs" who direct the day to day work of a crew, but are really not in management. Most employers and the Labor Board will look at the true authority of the person -- does the person have the authority to hire and fi…
-
I don't understand why he would think that he is employed if he walked off of the job. He is either on an approved leave or not. Texas law does not require that the employee be given a written notice of termination (however most employers do so). …
-
You can tell her that she can't be at work until she gets her issues resolved, because it is clear that she is unable to do the essential functions of her position because of this condition. You can have this type of behavior at work. Not only is …
-
Guess what? Life is not FAIR. And it is not the employer's job to make sure that life is fair. There are many ways an employer can legally handle this type of situation. And terminating the employee, unless it is motivated by illegal reasons (fo…
-
EPLI is Employer Practices Liability Insurance. It is insurance that will cover the company in the event of sexual harassment and discrimination lawsuits and the like. Before you purchase it, make sure you do your research. Some jurisdictions do …
-
Also, one of the keys to these cases is that the activity is concerted. In other words, it has to involve more than one employee (the employee has to get others involved). If the employee is just complaining for himself, there may be no concerted …
-
This is hard to answer because the facts are so generic. Generally, under Title VII an employee has 300 days to bring a complaint. Your state law may give more time or avenues to complain. There is an affirmative defense that the employer can rai…
-
You need to look very closely at the contract with the company. You may be a joint employer, and often times that company expects your company to indemnify it for any discrimination, etc. The biggest downside is the loss in flexibility. Also, man…
-
The EEOC would probably jump on this, if as you say, there are very few African American engineers. The EEOC expects to see what most HR people would expect to see: Due process to the employee -- documentation being given to the employee spelling …
-
Its true Don, that the person doesn't need to know the details of the discipline. But if they aren't there when the employee refuses to sign the document, then they can't attest to the fact that the document was ever presented to the employee. The…
-
I wouldn't call it a falsified document. The document was true. The signature reflected that it was signed the next day. Maybe the manager should be told that the purpose of the signature is to have a witness to the discipline (that the disciplin…
-
Since unfortunately you initial assumption may be true (that people will abuse the privilege), I don't think it is sick at all to require proof. But, for a long time employee, a written statement from the employee about the relation might be enough.…
-
Federal law does not require lunch breaks. However, if you want to have the employee take an unpaid break, there is a threshold amount of time (I believe it is atleast 20 minutes), before it can be an unpaid break. Your stage wage and hour law, or…
-
Margaret would probably have a lot to say about this. If HR wants to be more than a clerk like function, and wants to be a stragetic planner (who is involved in more than resolving EEO complaints, and is really involved in how the organization wil…
-
Many employers have severance policies that do not allow the employee to "double dip." In other words, if the employee is laid off and gets full severance based on the amount of time in service, then the employee is recalled and later laid off agai…
-
Like any other allegation of employee misconduct, it should be investigated. If it turns out the the "rumor" is true, that is probably enough reason for termination (even if the person was not charged or convicted). Gather the facts, whoever gave …
-
[font size="1" color="#FF0000"]LAST EDITED ON 09-27-02 AT 04:45PM (CST)[/font][p]That is interesting, but I don't think the EEOC would agree that no violation has occured. (I have used that argument in court in defending an employer though, and will…
-
No. But you need to make sure that your summary plan description (medical benefit plan) defines eligible employees as those who work more than 30 hours per week. And you need to make sure that the "part time" employees are not worked more than 30 h…
-
I am with Marie. What is the point in having policies if your employees don't know about them. Some ABSOLUTELY have to be distributed to employees -- like an FMLA policy and anti-harassment/anti-discrimination policy. Some employers have one poli…
-
I agree with Margaret. I generally advise clients not to pay the doctor's fees for filling out paperwork, unless the client is requesting unusual information (for example, if the employee came back with medical release that just says "light duty", …
-
Generally if you know you are being taped and you don't say anything, that is probably implied consent. Most employers who record telephone conversations, etc, can do so legally by informing the parties that their conversations are subject to moni…
-
As regards FMLA, the employee should be told that she must get the doctor's certification for FMLA and if she decides she doesn't want to, her job will not be held open for her. That is the benefit of FMLA to the employee. The employer designates,…
-
I agree with Don. Serious issues could arise, especially if the employee could get access to the "friends" apartment by using the keys that you supply. I'd rather be safe than sorry, and while you might not be able to regulate what the employees d…
-
Many companies think that having an employee is probationary status is a GREEN light to fire without backup. But it is not. All of the anti discrimination laws apply to an employee in probationary status. So the question becomes one of a risk ana…