Theresa Gegen TX
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The key to any job screening is that the requirment be related to the essential functions of the job. I would analyze this accent requirement similiar to a requirement that employees use English only. Is there really a legitimate reason for the re…
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You can try looking at the Bureau of Labor Statistics information. It can be accessed through [url]www.dol.gov[/url] The website appears to have lots of information, but I have not tried to do a focused search for salary information to see how u…
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Generally, you shouldn't ask about arrests on applications. Again, this is because minorities are arrested more than non minorities. If you use a service to do background checks, you also need to instruct the service not to provide you with informat…
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I think that the best way to manage the risk is to deal with the facts of the case on an individual basis. The more job related the activity (for example, if a bank teller is arrested for stealing or a store clerk for shoplifting) the stronger case …
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The EEOC's view about screening out applicants because of an arrest record has been that it results in a disparate impact against minorities. Statistics have shown that minorities are arrested in far greater numbers than whites, and that often times…
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As the last message states, every state differs on the right to personel records. However, if there is nothing in the file that can be used against the company, you might want to let the ex-employee inspect it. (It may give you a heads up on what th…
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Also, you can have them describe their job duties at the prior employers. Then later on, if they sue based on exposure, you can use that information to show that they had previous exposures.
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You should always give the true reason for termination. Otherwise, if the employee sues and says "I wasn't insubordinate, the real reason I was terminated is Religion, race, age, etc." and you revise your reason later, the US Supreme Court says that…
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Craig's idea is interesting, but may lead to liability for "wrongful detention" for the innocent employees --especially if it is not handled correctly. A key to any search is to have a policy that destroys any expectation of privacy an employee mi…
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My understanding of Weingarten Rights (and it may not be perfect) is that the right allows an employee to have a union rep present (which is usually another employee, but could also be union employee). For non union shops, the right includes the rig…
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The employee doesn't have any right to bring in an outsider.
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In a situation like this, I suggest you secure legal counsel to develop a plan to deal with the performance issues. There are several issues in your message that are troubling. First, please try not to assume that a performance problem is "due to ag…
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Video Surveillance is generally not illegal under Federal Law (your state may have some specific laws about it -- and you need to check that). But, it has several cons (1) the company can be liable for an invasion of privacy if the video is set up i…
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One thing you might want to consider is revising your progressive discipline policy, so that you have some escape language that allows you to skip steps if the violation is serious. Good Luck
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Having a sick leave policy is a great idea. But when you are putting it toghether, try not to let the "tail wag the dog" -- if you focus the policy too much on this one employee's behavior, you may not be able to live with the policy for all other e…
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It is really not fair to terminate an employee based on a "rumor" even if he is at-will. But as the employer in this situation, you certainly can investigate the rumor. However, you may want to hire some outside consultant to do so. There are so m…
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Remember that there is a pregnancy discrimation act. It requires that you not treat prenancy and related conditions less favorable than other medical conditions. So if you gave someone else leave for a medical condition, you have to give her the sam…
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My clients have had pretty good results with EEOC mediation early on. Even if your company did nothing wrong, resolving the matter early on and for minimal expense might be in your company's best interest. I think before you reject mediation out of …
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There are a lot of different issues your company needs to consider before implementing an arbitration program. The news media tends to report the issue like "arbitration is bad for employees and good for employers" -- but it is not that simple. Beli…
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Not to be selling you anything, but if you subscribe to your state's newsletter and become a center member, you will have lots of access to information about all the states, by going into the data base. Otherwise, I don't know a convenient source …
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I agree with Margaret and Gillian, this is a case where you definately need to get legal advice before deterimining a course of action. I have had a client sued for wrongful termination when a wife was accosted by her husband at work and both were …
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The previous response was right about attendance. An incareration would not generally be considered as an excused absence. So ususally an employee missing 10 days work can be terminated. However, if the employee gets work release, what do you do? Do…
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There is a good article about English Only rules in the workplace in the Q&A section if you go to the hrhero homepage. Look it over. This is a hot button issue with the EEOC, so I would be very careful. The bottom line is that the ability to s…
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I think you need to back up and look at your company policy on nepotism and workplace relationships. Does it apply to a man and woman who are dating but are not married? Does it apply to a man and woman who are living together, but not married? If t…
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First, you need to realize that every person is in a protected category. EVeryone has a race and gender at a minimum. And a young white male can sue your company for discrimination if it hires a non-white person or a female who is less qualified. It…
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Generally, you shouldn't ask about arrests on applications. Again, this is because minorities are arrested more than non minorities. If you use a service to do background checks, you also need to instruct the service not to provide you with informat…
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I think that the best way to manage the risk is to deal with the facts of the case on an individual basis. The more job related the activity (for example, if a bank teller is arrested for stealing or a store clerk for shoplifting) the stronger case …
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The EEOC's view about screening out applicants because of an arrest record has been that it results in a disparate impact against minorities. Statistics have shown that minorities are arrested in far greater numbers than whites, and that often times…
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Social Security numbers are protected by federal law. I checked the social security website and found a fact sheet (your Number and Card), which gives some information about privacy. You may want to check it out (and may find other important informa…
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It sounds like the employee may have a claim under the ADEA (Age Discrimination in Employment Act). The ADA is the Americans with Disabilities Act, which would not seem to apply. In addition, there may also be state laws that give the employee a val…