Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
[font size="1" color="#FF0000"]LAST EDITED ON 01-17-02 AT 07:50PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 01-17-02 AT 07:49 PM (CST)[/font] Ludicrous -- But may be true. It appears that if the purpose of going into the file is…
-
Direct deposit is great and will make things easier on employees. They will not have to go to the bank with their paychecks (which at my old job before we got direct deposit, resulted in people having to take time off work to do so). You may want …
-
I agree with Mike. There are lots of Texas cases that talk about how "safety incentives" (bonus pay for no accidents) show that the employer is discouraging workers' compensation claims and retaliates against employees who file such claims. The on…
-
There is an exception to COBRA that can be triggered based on the reason for termination. However, any employer who wants to deny COBRA should tread very carefully. The downside, if you are wrong about the denial, can be a huge liability for medical…
-
This is a good time to contact your labor attorney. A few hours of the attorney's time is money well spent to avoid future problems. There is a good chance this person is disabled, regardless of what the doctor says -- the doctor probably does not…
-
I think focusing on training (rather than incentives) and constant reminders to get employees into a safety mindset work best. The best incentive for the employees is that they will not get injured. Supervisors have to embrace doing things safely …
-
Hire a good lawyer. Drop the term "full medical release" from your terminology. Focus on whether or not the employee can do the essential functions of the job. If he can't and there is no reasonable accomodation you can give him so that he can do…
-
You always have to remember that even though the ADA may not apply to the state employees, there may be a state law that does (and it is not unusual for state law to be more generous than the ADA). Normally, provided a full time assistant would not …
-
Seems like it would be. Is there anything you can do to help the accomodation along. Also you need to make sure your state has its own disability law. Lately the US Supreme Court has ruled that a "State" is immune from suit under many federal laws…
-
You don't have to fire the supervisor. But you should take corrective action -- perhaps written counseling and training on how to manage medical issues in the workplace (ADA, FMLA, worker's comp.). Also, the employee needs to be given correct info…
-
One thought to add to what Doug said: For you to determine that the employee is a direct threat (for example to the patients), you must have specific facts to back it up. A "fear" that the employee might not be able to lift a patient safely because…
-
Some states will not allow you to terminate an employee who is on workers' compensation leave and still recovering. You will need to check your states workers' compensation law to find out if that is an issue. That type of unlawful discrimination …
-
A reasonable accomodation is an interactive process. The employee cannot just say, I have ADD, therefore you must accomodate. The employee should be giving the employer (either directly or through his or her doctor) information about specific limi…
-
Mike agrees with you on that Gar. (That the court will uphold the senority system). I am not so sure. The case involves not a Union Bargained for seniority system under a CBA, but involes a company seniority system. So the court might side with …
-
I doubt that this employee is disabled. A disability is more than just a medical condition and it is more than just a temporary situtation. A disability is a medical condition that significantly restricts a major life activity. Normally, a condit…
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-14-02 AT 10:23AM (CST)[/font][p]Being perceived as disabled means that the employer believes that the employee is substantially limited in major life activities. A disability is much more than a medi…
-
I agree with Margaret!
-
I do not think you violated the ADA (the ADA is based on intentionally discriminating against an employee with a disability -- if you didn't know about it how could you have held it against her). I would be a bit more concerned about an FMLA violat…
-
That's why the first thing the employer has to do is to get the medical facts. The employee doesn't have to use any magic words (like disability and reasonable accomodation) to put the employer on notice. But before the employer can even determine…
-
I am not sure that there is any time frame per se. But you need the medical facts. If the employee is already scheduled for his final medical appointments to see what his limitations might be, it seems like you could easily wait. (they should occu…
-
I would handle this situation gingerly. The ADA does not require you to create a position, but since you already have, given this employee "light duty" with no particular end date, you may run into problems. Before you terminate the employee, you pr…
-
This really goes a little bit beyond the scope of employement law, into the other areas of the ADA that deal with providing services to customers (for example -- stores have to have ramps etc). (Access laws, etc). A customer does not have the same r…
-
I have to agree with Hatchetman that a statement from an employee that he basically intends to use the medical benefits and disability the company provides to their fullest, is not a reason to assume that he is doing anything fraudulent. The benefi…
-
Since the employee already has an attorney on the hook, there is a good chance that your company will end up defending a lawsuit or at the very least a charge of discrimination. NOW is the time to meet with your legal counsel to start preparing you…
-
The United States Supreme Court just decided an ADA case that discusses whether and when an employer can refuse to bring an employee back to work because the employee's medical condition makes him a "direct threat" to himself. Chevron U.S.& NBS…
-
You need to start right away on addressing disciplinary issues. Make sure that you consider all the factual evidence, including the employee's side of the story, and completely document all the FACTS (and the documents need to be very factual and c…
-
That sounds like a good idea Hatchman. But I can tell you that there are several cases where the courts have thrown out opinions of doctors that the person was "disabled." If the doctor just looks at the condition and says its a disability, that w…
-
To my knowledge, the only ones who can "certify" a disability is unfortunately a jury after the fact!! What you need is specific information about the individuals medical restrictions to determine whether a disability exists. This would generally …
-
If she has a worker's comp claim, the law will be very state specific (each state has its own worker's comp law and has different requirements for the employers). So if it is a worker's comp issue, you need to only look at local information. Good …
-
Seems to me that in this case, the employer should be asking a different question. The question to resolve this issue would be: Assuming the employee has a disability, what is the employer's duty to accomodate? If the employee's normal position i…