Theresa Gegen TX
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What I would generally do is give the employee specific information to give to his health care provider (for example a description of the current chair you have available and a description of an alternative chair you could provide or a description o…
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And just because you work for a non-profit religious retreat does not mean that you would not run afoul of religious discrimination laws (for example if one of your employees had a religion that required beards). For many jobs, religious organizati…
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Employees in the public sector have additional rights in these type of situations because of constitutional "Free Speech" concerns. The free speech issues can arise when employees are speaking out on a matter of public concern (which has been the s…
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If I were in that situation, I would report the incident to the owner. However, if the company has a human resources or personnel manager, that person should probably get the information immediately (and let them report to the owner). I think the …
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I don't know about that particular law, but if your contract covers several states and has a non-competition clause, you can bet that it will be invalid in some of the states (this is a very state specific clause). If you want it to be enforceable …
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One other good reason to have a supervisor present is that the employee may later claim that a work injury occured (for which the company would be liable). Although having a supervisor present is not required under the law, it certainly makes good …
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Exemptions are very narrowly construed by the Courts and agencies (Department of Labor, etc). So if you can't see any way that this person fits, they won't either. Also, some states have additional laws regarding overtime. California is one -- I…
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The IRS suggests that employers photocopy social security cards for payroll purposes. The reason? The information (name and number) on the W2 must be exactly as it is on the social security card. For each mistake, the employer can be subject to a…
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I believe the whole purpose of the recertification every 30 days is to ensure that she still needs the leave. Otherwise why are you having do the recertification. Each 30 days, you can review the paperwork to see that the leave is still needed. T…
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The First Amendment to the Constitution (that gives freedom of religion) really does limit the application of some of these laws, especially laws like religious discrimination and gender discrimination. A law firm I worked at last year sucessfully …
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Also, large churches, that are involved in secular activities as well as religious activities are often covered by the laws. An example of a secular activity could be the selling of religious materials (literature and icons) that could generate inc…
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My thoughs are that it is more trouble than it is worth to have an opt out plan. I don't see how it could practically be enforced and the chances of any one of the opt outers having a heart attack at work are probably pretty slim. I would not let …
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Hey, everyone is in a protected class (everyone has a race, national origin, and gender). And lots of other people are over age 40 and protected. The question is, what is he claiming the harassment is based on? What facts does he have to support …
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One caveat: Be sure that you don't try to change your reason for termination after the fact. The reason for termination on the day the person was fired, is the reason forever. If you change reasons, most courts hold that a jury can then decide th…
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I believe that this type of agreement (to waive unemployment) is illegal in Texas. The unemployment commission will decide if the employee is eligible and which employer should be charged. The employee has the right to file for unemployment. This…
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I think the company may be buying itself more trouble than it is worth not to pay this one employee severance. The employee could sue for discrimination or breach of agreement to pay severance (depending on policies). Then your company could be st…
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A short term temporary shut down as you have described will not triggar federal Warn act requirments. Under the federal law, the employee loss has to be for 6 months. (NOTE: if something happens with the renovations, and you can't open when you ex…
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Generally, you can ask about abilities, not disabilities. So you can ask a question like: "Are you capable of performing the essential functions of this job with or without a reasonable accomodation?" Then of course, you should provide the applic…
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I am not saying that the policy changes the law. But by changing the policy, the employer can change the method of accrual -- so that in future cases, the employees accrue vacation by the week or the month. Then an employee in this situation would…
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I'd pay this employee the 3 weeks, then look at clarifying your policy, so it is clear for the future that the vacation is earned by working the entire year, and employees who quit or are termed during the year will only get prorated vacation. Good…
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This is a very interesting question. 1. Whether or not she can legally tape the supervisor without his knowledge depends on state law and if what she says is true about her attorney, it is probably ok in your state (in Texas only one party needs to…
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Gar, Maybe I am misreading the facts, but it seems that the employee who first complained felt that his working environment was hostile. But I can't tell from the scenario given, what facts support that statement. I'll bet there are some. Also, …
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This seems to be a very serious case of misconduct on the part of the employee who wrote the document and published the address. If the employee thought the gay male was showing favortism, he should have gone through appropriate channels. This co…
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If your employment contracts have provisions restricting the employee from competing with the employer after he leaves employment, enforceability of that provision will depend on the law of the state where the employee worked. In Texas, for example…
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This is a good time to sit down with the supervisor and discuss what should and should not go on a performance review. It should be limited to job performance, not personal charaterics that are unrelated to the job. I would use this discussion wit…
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I would consider two issues in making this decision: 1. What is the employee's reason for wanting it removed, is it a valid reason, and can it be verified. (If the letter is suspect, you may not want anyone relying on it in making future employmen…
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I represent atleast one client in rural East Texas (where a lot of people hunt) that has a strick NO GUNS policy on the premises. This includes the parking lot. The work rule is well known to employees. Employees who have violated it (even by i…
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I would post signs at the parking lot entrances reminding the employees that they cannot bring guns on the premises. Lots of employers enforce these "no gun" policies, even in rural areas where a lot of hunting occurs. Good Luck!
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You need to look at your state's law. In Texas a use it or lose it policy is okay as long as the policy is in writing. There are good reasons to have a use it or lose it policy, atleast to some extent. Without it, a company will run into the situ…
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Depending on the facts, if the employee files a charge of discrimination with the EEOC, your company could be held to be a "joint employer", even if this person works for the subcontractor. So what you are doing (treating just like an employee comp…