WT
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Believe it or not, we have had a similar employee. Problems did not come from the illness but rather the scratching and attendant problems including complete lack of consideration for the other employees. Bandages and covering can make this proble…
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We did permit shorts at one time. However, the shorts got way too short. Complaints would then come to my office asking me to go look at what so and so is wearing today. I really do not care for that particular duty. Running shorts with a slit u…
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Crash, This is really all about power. Does this manager have the power to do the things he is doing? Do you have the power to stop him? Who can discipline or discharge this individual? If his power and authority is superior to yours, you may …
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The Department of Labor has put our new model forms. I would suggest you use those instead of trying to come up with your own. You can get them off the DOL website (if they are not experiencing technical difficulties)
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If you can stand one more post on the subject, Excel has a random number generator that generates numbers between zero and one. Thus, if you have 95 drivers use =INT(RAND()*95)+1. The int function yields integers while the random number generated …
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Authority is so key that I assumed it would exist in my first post. However, back when I did my first negotiation the CEO wanted me to not agree to anything unless or until discussed with him. I call this the errand boy syndrome. In my opinion it…
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I have negotiated a good many contracts and have done it with as few as one person (myself) on the management side or as many as 4 to 5. Numbers really mean nothing. There are several critical areas to understand and you must have as many or few p…
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It is a matter of words. However, words and technical issues make up our careers. COBRA is a distinct statute with various rules and regulations. USERRA is another statute with its own rules. While coverage mandated is similar, it is not identic…
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Perhaps I nitpick, but leaving for military duty is not a COBRA event and does not qualify the person for COBRA coverage. USERRA has regulations that state that the employer must permit the person to stay in employer provided insurance coverage at …
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I am a little late in my response, but it is a good thing to be reasonable with employees. They also should be reasonable in turn. Does the new mother have any vacation time. If so, why not offer her the use of vacation in short increments so she…
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I have also had this problem. We now require that any accident reports be turned in the same day as the accident. If not, the employee knows that he or she is in trouble and will be liable for discipline. Get a policy out and demand that employee…
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As far as taking the next test, in our state a test and list can be good for four years. Also, even if another test were scheduled sooner than that, think how disadvantaged a potential hire would be as far as seniority and promotion opportunity if …
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There is a piece of information missing. On what basis, or with what excuse would the commission permit an alternate test date? A very simplified reading of USERRA would be that a person cannot be disadvantaged in employment, promotion, or applica…
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States do vary on this issue. New York State requires time off for voting if there are not four consecutive hours when the polls are open. Unless your employees are working quite long hours, that requirement is not too hard to meet.
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Just to muddy the waters a little, some employers have policy that being late a certain amount (for example, up to two minutes) does not constitute "being late". In this case, much depends on how others are treated. Is everyone expected to be on t…
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You may want to concentrate on the future. Try something like, "Things just did not work out for you here but perhaps you will do better elsewhere." This points out that loss of job is not the end of the world; life goes on. The preparation advic…
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Certain levels of pills, weed, opiates, etc. have been set as thresholds for a positive test. Samples below that threshold are negative and the employer is not informed of the trace amounts of a substance that might have been found. (This is the a…
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Information is great and I would never intend to mislead any forumites. In the case I cited, the person worked a little while and the new state of residence awarded unemployment. We could not even get a hearing. A good deal will depend on the sta…
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If a person quits they would not ordinarily get unemployment. However, if they quit and move away perhaps following a spouse or the promise of a job for themselves, they can apply for unemployment in their new state of residence. If that state awa…
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If you have a union grievance procedure ending with binding arbitration, then the union always has the right to object to any discipline. However, unless your contract states that only one subject would be covered per meeting, I see no valid reason…
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In FLSA cases, records are important. The employee version is accepted if the Employer has no records. They refuse to damage a potential employee case because of a lack of employer records. You have timeclock records. If you are on the up and up…
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People and unions tend to repeat patterns of successful behavior. In this case, they saved the job and got the big piece right away and then went for smaller pieces later. Part of this is your fault as everything should be made clear and be signed…
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The union has a right to ask for records in order to prepare an arbitration case. They would certainly have a right to member's records that you have. Clearly, their issue would be finding disparity of treatment to allege to the arbitrator. You m…
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You do have a duty under arbitration rules to produce records that you might have which will permit the union to prepare a case. However, driving records from a state motor vehicle department are not company records. I would offer the union record…
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We really have been all the way around the block on this one, but the issue remains the same. It was easy to predict that supporters would beat the drums for individuals in military service. But such individuals do have many advantages that have b…
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We have gone down a slightly different road. For years we have had some employees in the reserves. Because we are municipal, they get another 22 days off per year at full pay to attend any ordered training or drills. If they give short notice abo…
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I report to the CEO. Human resources needs to report to the top just like any other department. If not, it will hurt the department and diminish your credibility.
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Just to put another spin on the comments on suspension. I had an employee that had a huge problem of coming in on time or showing up for scheduled overtime. After coaching and minor discipline seemed to have no effect, I suspended him for 30 days.…
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I have seen a couple of different variations on this theme. Generally, when a class A license is revoked, the individual gets a lower class license to permit him/her to drive to work, get groceries, etc. In that case, driving a truck is out of cla…
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I will take a little different approach than some of the other responders. I think your policy of having the Board settle grievances in a nonunion environment is fine. Many issues from vacation policy, attendance, or benefits could be easily settl…