Theresa Gegen TX
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I don't necessarily think you have to suspend with pay. It could take a really long time to resolve (like 6 months or a year). In Texas a company can have lots of liability if he were to go into a home and assault a client. I think you must get h…
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Here is the tact I would consider taking: 1. If he has complained about his manager and not brought up his race or discrimination as an issue, I would disclipline him immediately and maybe even consider removing him from that position. It is clea…
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Whether the employee is eligible for unemployment is 100% dependent on State Law. Some states will disqualify an employee who is terminated during the "probationary" or "introductory" period. (Texas will not, but I have seen articles from other st…
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Lots of employers find that they don't have good documentation when they decide to make a reduction in force. But it is not too late to document the reasons for the selection (as long as it is done correctly -- which means that the valid business r…
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1. Assuming that the company has a standard policy that email is for company business and belongs to the company and the employee has no right of privacy in the email, you can access it. If you don't have an email policy, I suggest that you develo…
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I agree with Margaret on giving the employee the information he requests (unless there is something in there that you don't want him to have). If you don't give it to the employee, he is going to think that something is up, probably sue or make a c…
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If she asks for FMLA, you need to start the paperwork, by requiring her to get a medical certification. You can conditionally designate the leave as FMLA, and if she does not get the certification, she may be absent without leave. If she gets the c…
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Also, I would just ask the EEOC investigator if the charging party could identify that "younger employee" she is referring to, so that you can specifically address it in the response. I have had good results asking the EEOC investigators for that t…
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I don't think the company has any thing to worry about as far as the manager calling the emergency contacts off duty. He was not acting as a manager at the time. And I'm not sure that the employee has any right to privacy about being passed out in…
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Some states have laws that require the employer to pay for the care of uniforms. So you may need to check state law on this. If your state has no regulation, my perspective is: if the care is normal washing like with other clothes, you should be …
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Generally, if you are requiring them to do it for your benefit, it must be paid. One thing you could do is to fairly estimate the time they should spend doing it, then pay them for that time (rather than having them report actual time -- which coul…
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Also, you need to stick to the facts (her poor attendance) and not what you perceive to be the motivation behind the facts (her engagment). No manager or supervisor should make any statement to this employee that "since you've gotten engaged, you d…
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I do not know why it would be illegal, unless the company has a union (in which case the duties probably have pay grades assigned, and employees have job assigment rights). The employee may be thinking that under the Americans with Disabilities Act…
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I guess from a purely technical standpoint, the employee could argue that he is being forced to do work for which he is not getting paid. Whether that argument fits his situation may depend on how integrated the work is. From a practical stand…
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I agree with the others that recommend another supervisor sit in on the meeting. One additional thing you might want to consider is to try some practice with the supervisor. For example, you could script out the things he thinks the employee "migh…
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If you need to ask questions about health, the questions should be focused on "here are the essential functions of this job" (ie lifting 60lbs frequently, etc). "Can you do the essential functions of this job?" "If you would need an accomodation t…
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Tod, What kind of business are you in? The fact that you describe the facility as a "home" may bring up additional privacy concerns. Not only will you have to worry about the privacy of employees, but it seems like you might have to worry about…
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I would make both sit in the corner (different corners) with their dunce caps on. Seriously, neither has acted professionally and both should be talked to. Good Luck!
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I question why the employer wants you to do this. Could it be to try to get around liability for unemployment? (This person resiged, rather than being fired -- so no unemployment). If so, I would guess that the state unemployment comission would …
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In fact, it would be a violation of the law to favor either canidate based on national origin or citizenship status. The only relevant question is: Does the person have the legal right to work in the United States. Good Luck!!
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I do not know about new jersey law, but if your company has a union, the union probably needs to be informed and may have a right to bargain over the cameras. Good Luck!
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I agree with Terry. The question a company should ask itself (even if it sounds cold hearted) is "What is in it for the company?" Here, there is nothing in it for the company to get involved. But there is a big downside. If the company calls the…
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The 100 employee threshold also triggars the EEO -1 reporting requirements that you need to look into if you have hit 100 employees.
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You need to look closely at these issues: 1. Does the ADA apply to your company? The ADA applies if you have 15 or more employees -- BUT calculating the number of employees is not as straight forward as you might think. It is done over time and …
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Before your company implements any type of "English Only" policy, it must get legal advice. These types of policies are only allowed in very limited circumstances (usually involving the need to use English for safety reasons). The EEOC loves to su…
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I do not know of any law that this would violate. The main legal issue is not for the new employer, but for the person giving the reference -- if that person (giving the reference) defamed you (said something false and negative about you), you may …
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You need to look at your company policy. If you don't have one in regards to this situation, you are making one by the way you treat this employee. Many employers will allow the employee to keep his seniority (start date) if he was called back wit…
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No. In fact, you probably have a duty not to tell them about this co-workers medical condition. The co-worker has a right to privacy in medical information. If some special circumstances exist regarding the job (for example the job involves some …
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One reason not to keep them in the personnel file is so that managers do not make employment decisions based on citizenship status. If the manager only knows that the employee has a right to work in this country (and doesn't know details about the …
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[font size="1" color="#FF0000"]LAST EDITED ON 02-18-02 AT 06:02PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 02-18-02 AT 05:58 PM (CST)[/font] [url]www.litigationfairness.org[/url] You can link to the cite above and look at the s…