Theresa Gegen TX
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Age discrimination law and the Older Worker's Benefit Protection Act (which requires specific language and waiting times for a valid release) will definately apply in this case. This situation must be handled with care. I recommend you hire an att…
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If the wife made disparing comments about the employee, the employee may be able to sue for some types of civil wrongs (intentional infliction of emotional distress, defamation and maybe even some type of invasion of privacy)against the wife persona…
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Your employer probably can't prove that your conversion is not bona fide. But, the way you have stated your question above and some of the addition comments, leads me to believe that it may not be bona fide. I take religion and the law seriously…
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From a lawyers perspective, an employer should try to accomodate religious beliefs, or the employer risks violating Title VII. However, this only applies to BONA FIDE religious beliefs. It seems to me that changing your religion so you can grow lo…
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I think it is a great idea, but I would put some limits on the amount the employee can recoup. There is one case that I know of that involved such an incentive plan. An employee made a suggestion, which was implemented by the company and resulted …
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You might want to look at some type of compromise. For example, making all the common areas in the building non smoking, but letting the executives smoke in their offices, or designate a smoking lounge. Being a non smoker myself, I would not want …
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If the bonus is based on past performance, the company will have a real risk that a court or gov't agency will say that it is earned and cannot be forfeited. That being said, it seems that your bonus is keeping the employees around longer (they wai…
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You may want to call the state workforce or employment comission, as they could probably give you good factually specific answer. Or you could try checking on the state's official website to see if they have a link and any general info about where…
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no problem that I know of in reducing it. Good Luck!
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I have seen many cases that started out with a generally difficult supervisor and ended as a discrimination lawsuit. Some employee is going to get fed up and think this supervisor is doing this because I am a __________ (older person, minority, etc…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-12-01 AT 05:10PM (CST)[/font][p]AS the first answer implied, there is a labor case (involving the application of the national labor relations act to non-union employers) that says that the employee ha…
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You'll have to check your state law on this one. It seems to me that deducting for cash shortages from the registure is a bit more related to the clerk's duties (the shortages are presumably caused by the clerk not correctly counting change. On th…
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Be sure that if you get any notice of any type of claim (eeoc charge or lawsuit or demand letter) that you immediately gather and protect the documents. I've had more than one client get into trouble whe it let their own document retention (destruc…
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Good Job!!
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Give it up Gar. YOu are never going to get the court's to buy off on your equal protection argument. They LOVE settlments. They feel like their dockets are overwhelmed, and would much rather have the parties work it out. Of course, the employee …
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I don't think that it would cover you (it would be a question for a jury, whether their conduct violated the agreement -- and would you really want to go all the way to a lawsuit over this). Generally, I think a clean break is the best. Especially…
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Most companies that offer this type of thing, that I know about, offer the loans pursuant to some type of 401k or retirement. The loans are secured by the retirement, and have specific pay back requirements. This is a highly regulated area. Just…
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There are no laws against not hiring relatives of employees in Texas (it is perfectly ok to have that policy). One company has gotten in trouble when it told an employee that they were "exempt" from the policy, then later fired the employee. The co…
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I assume the part time person is paid hourly, so they would be paid less. You need to find out about the employee's condition from her, not the rumors from her friends. If she is out on FMLA, you have to put her in her same position when she retur…
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Companies have gotten into legal trouble because the supervisor told employees about another employees susposed wrongdoing. An employee could sue (and they have before) for defamation. Of course to be defamatory, the statement must be false. But …
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That is a great answer, but I would not make any type of flippant or sarcastic comment to the employee (even though I personally believe that bringing 4 small children to work is beyond the realm of common sense about acceptable behavior). A sarcast…
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Most employers that I know of that collect this type of information do it in a manner so that it is kept seperate from the other personnel information and cannot get into the hands of the supervisors. I've seen it done with a tear away form that is…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-26-01 AT 10:30AM (CST)[/font][p]In almost every state (and I am sure that Florida is not an exception) if the employee is traveling for business, the employer is responsible. Normally an employee goi…
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I think you were correct in denying the request. It is not the other employee's job to determine who is qualified or to rank co-workers. Even though the results may not be legally protected as "confidential", it is no business of a co-worker and t…
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All employees should be required to fill out applications for several reasons: First, unlike a resume, an application will be complete and not edit out information that you may want to know about. (like all jobs held during certain dates and all s…
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Actually Oklahoma has a state law that protects employees from discrimination based on the "use of tabacco products or smoking." Some other states may have a similar law. California, I believe, protects employees from discrimination based on condu…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-16-01 AT 01:20PM (CST)[/font][p]Several states have laws protecting smokers from employment discrimination -- usually they are the tobacco producing ones. I do not know if your state has one. Howeve…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-15-01 AT 09:00AM (CST)[/font][p]While it is not illegal on its face, there is aleast one company (on of the big auto manufacturers) that got in trouble for using that type of system. That was Ford Mot…
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You can give the manager a script if need be. One other issue you need to cover with the manager -- often times employees will say things like "maybe I need to be let go because I'm too close to retirement . . . etc" The manager should not agree w…
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I don't see anything wrong with employees offering to buy the company. The employees do not have any type of legal duty to each other to include all employees. As for who will make hiring decisions once the transaction is complete, it may depend o…