Theresa Gegen TX
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Having consent of a party does not necessarily make them a party, but it does allievate any issue of violating the federal law on electronic communications privacy. But in some states, consent may be required from all parties (that is not the law i…
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Generally a person who is not a party to the conversation cannot listen into phone calls. It is an invasion of privacy and a violation of most state's laws. Most employers get around this by getting consent (which means just giving the employees…
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Alot of this may depend on your benefit plans. It may be that temporary workers are excluded from getting benefits (medical ect.). Usually the plan will define who is included and who is excluded (must work X number of weeks and X number of hours …
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Thanks John. As for the issue about whether Texas prohibits such policies, it does not. But when you apply it inconsistantly, as a previous respondant stated, the policy will be subject to legal attack. Walmart got hit bit in the 5th circuit whe…
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Always be truthful, because what you say in the position statement can and will be used against you. Also, be respectful of the EEOC and the charging party. You may want to make statements like this claim is "outlandish" or "frivilous" -- but they…
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I don't agree that it is necessarily unfair for the company owners to hire their son. I think you should let the owners know that morale is suffering, but the employees need to understand that this son will probably be an owner of the company (or a…
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If you got credit information about him from a third party, and that was part of the reason for turning him down, then he has a right to see the credit agencies report. Otherwise, under federal law, atleast, he has no right to the information. Wha…
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I do think that you need to talk to the Plant manager to find out the true story and help address his concerns. The plant manager may have some very valid concerns about employees leaving their work area without letting people know where they are g…
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I would stick with what you have done. It is okay to hold employees in more responsible positions (like managers and security personnel) to a higher standard than an average employee. The employee did report the issue, whether you think it was a…
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There was a BIG case in Texas a few years ago -- GTE v. Bruce, where a company got hit for a large verdict for intentional infliction of emotional distress because the top dog at the facility was constantly berrating employees (both male and female)…
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The best office holiday party I was ever involved in was when I worked on the Texas Supreme Court. Instead of giving ourselves a party, we "adopted" a local home for single women and children and gave them a party. We got lists of things that they…
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I would think long and hard about allowing this employee to carry a gun while on company business. Is this employee a trained security person? Probably not. If this employee uses the gun, even if he thinks it is for self protection or protection o…
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If this employee is terminated now, she will most likely claim that it is in "retaliation" for her complaints against her prior manager. For example, that someone up the chain was a friend of her prior manager and is exacting revenge on her. Becau…
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Unions do have some rights to some information. For example, a list of employees names and addresses who are in job classifications that are covered by the union. (The union generally has a right to this information, so it can commuciate with the …
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Carol, You will need to look at your state's laws about earned vacation days. Some states do not all a "use or lose it" scenario. Some states (like Texas) do. But even in the states that allow a "use it or lose it" policy, the company policy wil…
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No. You can't let them out of the essential functions of the job. But if they have medical limitations, those should be documented and followed up on. Some of these people might have easy fixes if they go to a dr. (like a short break every hour). …
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I would not excuse the employees from the job because of general complaints and I would say write the employees if they were just engaged in general gripping. But these employees are not just complaining, they are claiming that the jobs are causing …
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The worst thing you could do it contact her new employer and tell them that she was fired for cause and give them details. Rejoice in the fact that she has a new job. That makes it much more likely that this can go away quickly and cheaply. She's…
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One additional thought. Getting sued by the government is a bit like dancing with a Gorilla -- you don't stop when you are tired, you stop when the Gorilla is tired. I'll admit, I cleaned that up for public consumption. But the point is, you now…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-04-02 AT 02:08PM (CST)[/font][p]The NLRB is going to ask for back pay, reinstatement, that the employer rescind the unlawful policy, and that the employer post a notice to all employees about the viol…
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Even though I think that the policy violates the NRLA and you are in a no win situation if you fire the employee and she makes a claim; as a practical matter, something must be done about what this employee did. The company could easily do somethin…
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This is a violation of the national labor relations act. Just having the policy is a violation because it has a chilling effect on the employees rights. Employees have a right to discuss the terms and conditions of employment, including salaries. …
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You need to check after they are hired. If you check quickly post offer, I don't think you will have any problem with the $50 fine. Here is some information I put together for my clients: Failure to Correctly Record Social Security Numbers Can Re…
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Don and I just can't agree today. Well the scenario you put forth makes my skin crawl. But my experience tells me that things are not always as they seem. Like any other issue, before you make up your mind and convict this guy, you need to do a c…
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I doubt the employee could enforce it if he quits (seems like a really weak argument that termination also means volentary termination in relation to this agreeement). But there is a possiblity which would depend on the way the court's in your stat…
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First, I hope the team is getting paid for attending this retreat. Since it is mandatory, seems like it is work hours to me. Second, if this employee (and others) get injured at the retreat, the company could face some liability -- from worker's c…
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Don, I want 5 bucks. My standard advise in this situation is to evaluate it on its facts. If sending the information is neutral or favorable to the company, I would generally send it. But if the attorney for the employee hasn't identified any cl…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-22-02 AT 09:11AM (CST)[/font][p]I don't think that it is your duty or your role to turn them into the authorities. It's not ethically your responsibility and it would be a very bad business decision …
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My company pays whatever the current rate that is allowed by the IRS as the tax deductible rate per mile. I think it is current around 35 cents a mile (but its always changing).
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This concerns me on a couple levels: 1. A contract is a legally binding document that binds both sides. In otherwords, the company is making a legally binding promise to the employee if it is actually a contract. This supervisor probably has no …