Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
These type of Weingarten rights are limited to the right to have a coworker present in a investigation that may reasonably lead to discipline. So if the employer has already decided to impose discipline, there is no right to have a coworker present…
-
The only problem I can see is if the test is somehow biased against certain groups. You will probably recall that in the past there has been lots of media attention on how intelligence and appitude tests were biased against minorities. If the test…
-
There should be lots of cases available on the costs of litigation. These cases will be one's where the plaintiff won the case and was awarded attorney's fees by the court. So you will be able to see what it costs one side (and you can bet that …
-
It's always good to have email and computer policies. What do you do if you find out an employee is going to porno websites using the work computer, but he claims he is only doing during his break time? If you have a good policy, this is a termina…
-
In most cases no solicitation policies can be used to keep out NON EMPLOYEE union organizers (people who are employed by the union but not the company) -- but they will be overly broad if they apply to employee union organizers. They have to be app…
-
There are specific legal limits on solicitation and distribution policies. Policies that prohibit all soliciation on company property at all times and all distribution on company property at all times violate the National Labor Relations Act. This…
-
On thing you need to have your attorney check is whether your state laws give the employee a right to have a copy of that information. For example, in Texas, the files belong to the employer, but in some other states, the employees have a right to …
-
I would not tell the HR person that she is terminated for reverse raceism. I would tell her that she was being terminated for the improper procedures that she implemented. I would not bring race into it. It's not helpful and it speculates on her …
-
I think Gar's answer is great. As an employer, you need to go through all the steps in regards to the ADA. Just because the employee has degenerative disc disease does not mean he has a disability (it depends on how the condition effects him -- I'v…
-
The issue about revealing the individual's name is defamation: First, are you defaming the individual. To avoid a claim of defamation, the allegations should only be revealed to thoses with a need to know (for example, witnesses, and the superviso…
-
That type of information (race, personal family history, etc.) should be kept seperately from the personnel file that contains information about discipline and qualifications. This is because employment decisions should not be made on the basis of …
-
You can lay off an employee who is out because of a medical condition. However, you need to make sure that you have your evidence in order. Specifically, you need to make sure that your decision to lay off this employee (rather than someone else) …
-
I'd be careful about sharing managerial comments, unless you get a signed release from the employee. The comments might be useful, for example if the employee reapplies. But if the comments are bad, giving them out could put the company on the hoo…
-
If you don't want to fire her right now, you need to call her in, let her know that working at home is not acceptable. I would give her a written warning to that effect. If she is not giving you her hours, how is she getting paid (you still have…
-
I agree with the last message about maintaining resumes. If a company wants to maintain a resume it should be for a limited time (like 30 days), and if you mention maintaining the resume to the applicant, you should let them know that it is for a l…
-
Also, arbitration is a lot quicker. Most lawsuits (at least in my area) take over a year before they go to trial. Then there can be a lengthy appeals process that goes on for well over a year. I still have cases that are on appeal that were filed …
-
My experience with arbitration programs has been that there a great ones and bad ones. You can't just slap together a one page arbitration agreement, force all the employees to sign it, then expect them to be happy about and expect to get good resu…
-
James advice is good. I think putting hypotheticals to them to see how they would handle the problem is not a bad idea. Especially if the attorney is going to give lots of advice. The hypotheticals might be based on a specific problem that seems …
-
From a legal standpoint, one critical issue that is coming more and more to the forefront is complying with the Older Workers' Benefit Protection Act if you are tyring to get waivers of claims. If one of your goals is to have employees who accept t…
-
My personal policy is to make my secretary open all my mail Seriously though, the FBI has advised on the following signs of suspicious mail: No return address and/or restrictive markings such as "personal" Addressed to title only or incorrect tit…
-
Some states other than California have laws that permit the employees to inspect their personnel files and request corrections or add additional information. I think Washington has such a law (although I am not 100% sure). If you refuse to give th…
-
If you know the vacancy is created by someone going to the military, the person who "fills in" should understand that their position is as a temporary fill in. (Just like anyone else who temporarily fills in for people on FMLA leave, etc.). The key…
-
Anytime your company makes an employment decision based on a person's race or gender, your company is unlawfully discriminating. And guess what, the caucasion and male employees are just as likely to sue for discrimination if they find out. (I've h…
-
I agree that you did the right thing. Even though the EEOC says that using arrest records to screen out applicants may result in discrimination based on race, murder is an extremely serious charge and you can't send someone into a home of a client …
-
Well, remember Burger King prides itself on flame broiling its stuff. So maybe they wanted to flame broil a few exec's too!!!
-
I don't know about Florida law, but their might be a legal issue if the reason the employee wants to cross dress is based on doctor's orders (for example, if the employee is undergoing a sex change -- at some point, the medical personnel may tell th…
-
If an employee is overseas, this hypothetical is very difficult to answer. That's because the company would have to consider the effect of any overseas laws and the citizenship of the employee. Laws in may European Countries are more favorable to …
-
It is probably not actionable as sexual harassment BUT the supervisor may have invaded the employee's privacy. This type of behavior cannot be tolerated by the company. This type of action can put the company at risk even if sexual harassment has …
-
Whether or not an inforceable implied contract exists depends on your state's law. Many states (like Texas) have what is called a "statute of frauds" that requires that certain contracts must be in writing to be enforceable. These usually include …
-
The US Supreme Court case of Reeves v. Sanderson Plumbing applies here. In that case, Reeves was fired because he allegedly misrecorded time cards. The jury found that the reason was not true and that Reeves was fired because of his age. The empl…