Theresa Gegen TX
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Margaret is right on. An employee who is "laid off" is usually not replaced, and may be recalled or rehired. An employee who is terminated for a performance reason is usually not eligible for rehire. If an employee is told that he or she was "lai…
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In reply to your question about whether or not individual supervisors can be sued for sexual harassment, the answer will generally depend on your state's law and the type of conduct. Under Title VII (the federal law), most jurisdictions hold that i…
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Before you terminate a pregnant employee for absenteeism, you need to check your state's laws. Many states give greater protection to pregnant employees than the FMLA. Good Luck.
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The only instance I know of where you have to tell the employee the reason is if the reason is based on a credit check. If your company has done a credit check of the applicant, and the applicant is not chosen because of it, the applicant has a rig…
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I assume you mean how to draft an agreement for salespersons that includes an enforceable non-competition clause. Texas law about non-compete agreements is very technical. The American Bar Association has published a good book called "Covenants No…
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The other two posts are right --- you need to proceed with caution. One thing you will need to do is to get this employee's explanation. The press has been known to quote statements out of context before. Before terminating this employee, I woul…
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A good issue was brought up by an earlier post. If your policy allows for unlimited paid jury duty, you may want to revise it to put a limit on the paid time off (for example 2 weeks -- most trials will be completed in that time). If your company …
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Most employers designate employees as eligible for rehire or not eligible for rehire when the employee leaves employment. If the employee is eligible for rehire (generally an employee who left with a good work record and on his or her own accord), …
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If the employee has taken company property, you probably have a remedy. This can be conversion and the Court can order the employee to return the property. Contact an attorney and determine exactly what was taken and what evidence you have that th…
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I don't disagree with the last response, but the employer must tread carefully. Behavior that is not acceptable in the workplace, may be perfectly acceptable in a social setting. (for example, sexual flirtation in the workplace may be banned, but …
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You might want to make sure, however, that the bad behavior does not spill into the workplace. There are lots of cases out there where the harassment occurs both inside and outside of the workplace (and the court's let the jury hear it all). A cou…
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James has a good point. The employee needs to be stopped immediatly. This could turn into a serious matter if, for example, this employee were to enter into some contract or agreement on behalf of the company. The company could be held liable if …
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One more thought, if you are doing a credit check, you need to make sure that you comply with the Fair Credit Reporting Act (which requires notice, consent, and specific information being provided to the applicant if the applicant does not get selec…
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I think you could handle this like a lot of companies handle collecting eeo data from applicants. The key is to make sure you have a procedure in place so that the people hiring the employee do not have any access to the form. The form could be fi…
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I don't know of any specific form related to a specific condition, but to determine if a person is disabled under the ADA, the employer needs to know if the person is substantially limited in activities. Therefore, the employer needs to find out th…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-31-01 AT 08:49AM (CST)[/font][p]I would not assume that this employee has a disability and is entitled to a reasonable accomodation under the ADA. If there is truely a medical need for this employee …
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Margaret's advice is good practical advice, but it is not risk free. A few addition thoughts: be careful that you do not treat the employee as disabled. If so, the employee could have a claim under the ADA as being "regarded as" disabled. Forcin…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-29-01 AT 09:51AM (CST)[/font][p]Under the OWBPA, if the employee is over 40 years of age, special language must be included in the release for it to be effective to waive age discrimination claims. I…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-24-01 AT 09:31AM (CST)[/font][p]The arbitration panel decision does not stop the employee from going to the EEOC and filing a charge. The EEOC represents the right of the public and not just this ind…
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The responses to this question are really great -- very thoughtful. Here is a thought from a lawsuit perspective: Advising the employee about his rights can undercut any claim of retaliation. It would show that the employer was not trying to disc…
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The federal age discrimination in employment act (ADEA) protects employees over the age of 40 from being treated differently based on their age. This would include forcing an older employee to go into early retirement. Most states have parallel law…
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The company's general duty is to use reasonable care to protect its employees. Now that the company is on notice of a potential threat, the company must use care that is reasonable based on the threat. The amount of protective measures taken by th…
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Also, other employees may get mad if they feel that this employee is getting special treatment. Many times employees get angry not because they are being treated badly, but because they perceive that other employees are getting favors. So I think …
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Hey that's a good book!
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Where can I find a book that tells me how to deal with all the men in the workplace. I am thinking the movie "gorillas in the mist" might give me some pointers. Anyone have any suggestions?
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You guys are all too smart for me. I am reading trashy romance novels.
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The Texas Payday law about delivery of payment of wages states that an employer shall pay wages by: (1) delivering them to the employee at the employee's regular place of employment during regular employment hours; (2) delivering them to the em…
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I agree that you have a problem employee, but ther is a big legal risk in just hauling off and firing them while they are on a medical leave. At least in Texas, one of the most dangerous claims an employee can make is for worker's compensation reta…
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Texas Payday law says that an employer may withhold money from an employee's paycheck only in the following circumstances: An employer may not withhold or divert any part of an employee's wages unless the employer: (1) ordered to do so by a court…
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Mike, This is a good topic for discussion. But if they really wanted to know your weaknesses, they should have asked me. Your humble associate.