Theresa Gegen TX
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Teresa (Great name!) Be very careful about using a severance agreement as a form without having it reveiwed by your local attorney. That other company's severance agreement might be perfect, but it might not work in your state or, as I have seen m…
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I think you have to address the performance issues. If the doctor has fully released this employee to work, I would write him up for the lapses. If the employee brings up that this is a medical issue, I would not necessarily agree with him. He ha…
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Pain, These must be carefully drafted and are governed by state law. You really need to have an attorney's help if you want it to be at all enforceable. Even if someone sends you an example, you must have a local attorney review it. (For example,…
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I understand why you might not want to put them on different shifts -- It might look punitive to the manager. On the other hand, this could blow up in your face. This husband could become violent against the manager if she tells him that she wasn'…
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My 2 cents worth is that having them on different shifts is probably a good idea. It protects both the company and the senior partner. If this employee is making up things about this manager, she will do it again if she has the opportunity. I thi…
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What you should do is verify the names and numbers. There is a free verification service provided by the IRS. You can verify 5 by telephone or more in writing. That way you can catch it (and correct it) before the government catches it. Here is…
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My standard advice is don't use a standard form arbitration policy. It should be carefully tailored to the company and its needs. That being said, if you go to the website of the American Arbitration Association (adr.org), you may be able to find …
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The only type of claim I think an employee could make is that the decision not to hire them is some type of unlawful restraint on trade. That would be an unusual claim, and would take some research to ferret out whether there is any actionable clai…
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Really any company that goes into bankruptcy needs to let the bankruptcy trustee determine how money is paid. Bankruptcy law makes certain creditors priority (for example, claims for unpaid wages and creditors with security interests would generall…
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There is nothing wrong with asking an applicant if they have dependable means of getting to work, but I would not ask if they have a car (unless they need it for work). Also, there is nothing wrong with asking an applicant if they can be available …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-02-02 AT 11:55AM (CST)[/font][p]Unless you have a union and so long as the tape is not going to be used for voice identification, with employee consent it would be legal (this is assuming your state d…
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Have you considered whether FMLA applies to him. If it does, and you have denied him the time he needed to recover, you could be liable. Even though you think he is a "key person", the FMLA has very strict rules on who is a key person. And I belie…
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If you have applied your company policies consistantly, and he has exhausted all leave, he can be terminated EXCEPT if he is disabled under the ADA AND granting additional leave would be a reasonable accomodation. The only cases I have read about i…
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In addition under the Age Discrimination in Employment Act, if the company seperating more than one person (for example in a RIF), the persons 40 and over must be given 45 days to consider the release and be given specific information about the grou…
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This issue really depends heavily on your state's law. Some states will allow the monitoring with one party consent (which you can get by having your operator sign an acknowledgement that the phone calls may be monitored for quality assurance). Ot…
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If the background check was done by a third party (not the new prospective employer), the employee may have a right to see the information and to rebut it under the Fair Credit Reporting Act. The employee may just want to send a letter to his pro…
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Its really hard to give you complete thoughts without knowing what the "personal information given in confidence" was. For example, if the information relates to a disability or medical condition, the company could be in for a big liability hit. H…
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I think all you would have to do is to let the employee know that you are open to listen to any suggestions she might have about accomodations. If she has none, the pain may just be something she has to live with. Good Luck!
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This waiver, like any other, would have to be supported by consideration. In otherwords, you will have to pay to get it. Also, this type of provision could anger a long term employee into looking into filing a claim. I generally only use these if…
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Skye, You really need to get the name of the person who will be the arbitrator and scope them out. I have used Jams here in Dallas for mediation -- and they do a fine job. But I always scope out the individual mediator. For arbitration, you will…
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The laws in the UK are very different. I suggest you check out their labor departments website, which will give you some example of how different they are I found it once by searching for United Kingdom and Redundency payments on the Web). Even th…
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I would not set up a sting with a co-employee. A lot of bad things could come of it, including that the co-employee could end up injuried, etc. Here is my question: What information do you have that he is selling drugs. Obviously someone has repo…
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I agree with Margaret. This employee certainly seems to be on the road to termination, but how the termination is done and what type risk factors exists -- for example, age, race, disability, has she complained about discrimination/harassment, has …
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My lawfirm does that by section (department). The individual section head can set the work hours for the paralegals. My experience as an attorney tells me that support staff is always needed more in the afternoon (I'm in employment litigation). M…
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I think the previous replyer has made some great points. The employees will be wondering "What does this mean to me" and will probably not be happy about not being told sooner. So, stress the benefits of working for the new company and stress the …
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One thing you might want to check, before you agree to this, is your company policy regarding "holiday pay". working on the 4th may entitle the employees to premium pay (which you may not want to be on the hook for). Also, some states may require …
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Check out the US Immigration and Naturalization website (I belive it is at INS.gov, but I just searched for immigration and naturalization there. I found the following information: Please note the following changes to the I-9 process: The followi…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-02-02 AT 01:06PM (CST)[/font][p]English only policies have to be narrowly tailored for the workplace, and are only enforcable when required for business necessity. I doubt very much whether your comp…
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I think you need to think this through carefully. The company may have some contractual duties to the employee (for example, if a written offer letter was given that did not have appropriate at will language). The company needs to make its decisio…
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While I don't know any law that prohibits it, I think giving out name and salary information, from a practicle point, will cause a lot of moral problems. I do not expect that it will increase productivity. Also, it may get some employees thinking …