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All of us have habits and mannerisms and these seem to be magnified by stress. During one stressful time, I got to playing with my hair/ scratching my head. A friend at the office mentioned it to me. In less stressful times it went away. Another…
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Responses have been all over the map on this so let me add to the confusion. The issue of taking an employee to task in front of others may have some validity, but the employee chose the time and place to pick the fight. The supervisor did not pla…
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What we need to look for is a pattern of harassment and esculation. We had a soon to be ex who first made phone calls and then came to the workplace and had an argument with the spouse. There was no violence of any kind and I was told after the fa…
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To start at the very beginning, a seven day week is composed of 168 hours. This does not divide equally into forty hour segments. In a typical eight hour swing shift, you need four shifts. At any given time, three shifts are working and one shift…
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We have been into vacation time for military service in a big way. We have consulted lawyers and military JAG officers. The answer we have have gotten and used is that individuals away on military leave do not ACCRUE any vacation, holiday time, or…
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Get a policy out there so employees cannot claim an expectation of privacy. When the issue came up at our workplace, I reminded employees that e-mail has been subject to discovery in many court cases. If what you say on e-mail can subject the empl…
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You may have already received this advice but you need to consider your entrances. Many times, strikers picket entrances and suppliers that are unionized will not cross. If you have clearly labeled employee entrances and one for contractors, suppl…
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Plans that pay per diem eliminate the need for employees to substantiate expenses or have these monies included in the W-2. However, days of travel must be accounted for and the per diem cannot be over the Federal amount or for more days than the e…
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A consulting firm can be expensive but they carry the advantage of a third eye looking at the situation and coming up with cuts. It is very hard to lay off friends you have known and worked with for years. If the company can work with the consulta…
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I would advise that you not terminate this employee. It looks to me like there has been a good deal of avoidence in this case. All parties want to avoid dealing with this unpleasant individual. Even the reviews do not accurately reflect the probl…
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I spoke to a JAG officer on this very issue and have done a fair amount of research. While the man is away on duty, he is not supposed to lose any benefits that he otherwise would have received. Thus, if he cannot take vacation due to being gone, …
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This may seem like a silly question but what day will actually be worked. Are the night shift workers working from say 11 pm to 7 am on Dec 24 or do they start on Dec 24 and work over into Dec 25 or in the case of the week at issue are they working…
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You have already taken action by trying to find out who is guilty. Now, BE CAREFUL, individuals who lose suits for harassment and other issues are winning on retaliation. Thus, if you take action that can be considered in any light to be an advers…
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A public employee will not relinquish first amendment rights to comment on matters of "PUBLIC INTEREST" simply because of their government employment. However, the employees do not have an unlimited right to free speech. Here are the issues to loo…
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You sent alot of information but a few more bits are needed. Past practice is just as binding in a union setting as written contracts. Past practice must be something agreed to by both parties, out in the open, of long standing duration, and somet…
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There are two parts of confidentiallity. First is what is told staff inside and second is what the general public will be told. Staff can be told whatever both sides agree to. This can be anything from opening positions only to daily details. In…
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Actually, there are a number of issues wrapped up together here. First, does your Director work in the evening hours. For example, many people work on projects from home, carry lap top computers home, make phone calls, or do such things as dinner …
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There are cases out there suggesting that the 60 days to elect COBRA cannot run until the employee knows the options and prices. Thus, the clock does not start to tick until the employer sends notification. Many employers would be inclined (and pr…
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Porn over the internet is a growing issue. Generally employers must deal with employees using work facilities to view porn. Here apparently no employee or manager is sending these offensive messages. Thus the employer has no control over the send…
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I have read through the various notes and see that the problem is not really resolved. Essentially you have three options. 1. Circle the wagons. Pull back into the Human Resource world and work and let your boss do what he will. Do not worr…
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If verifying past military service, the DD214 is the way to go. If a current employee wants to be released to report for military service, they should have a set of orders. Ask for a copy of the orders. This will show you if employees are asking…
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Alcohol is a legal substance and may be consumed by any person on their own time. This policy is trying to regulate what is consumed just prior to returing to work. The only thing I can find even close to this question are the DOT rules for driver…
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For your exempt people, you need to take a careful look at how absences are handled. FLSA will not let you have the best of both worlds. A salaried person working any amount of time in a given week is paid the same amount regardless of quantity or…
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Be careful of the employee who has received good reviews for a long period of time. This employee will claim that the employer is perfectly satisfied as shown by the reviews. If past reviews have not addressed the problem, future reviews must do s…
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First the investigation must be timely. The ideal investigation is done the same day problems come up. Other employees often do not wish to "get somebody in trouble" so expect this. Base questions on behavior observed at work. In extreme situati…
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To answer your question, we have had claims and hearings but have not paid unemployment on a drug related termination. This may not hold true in your state. However, we have tried to rehabilitate the employees rather than looking for termination. …
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Everybody wants a written policy for everything anymore but that does not necessarily end all problems. The Employer has a duty to provide a safe work place. They also have a right to expect employees to report to work in a "fit for duty" conditio…
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The HIPAA privacy regulations are difficult and complex especially if you self insure. There is an "Employer's Guide to HIPAA Privacy Requirements" put out by Thompson Publishing Group. This is a notebook of several hundred pages with monthly supp…
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Be careful you do not enable both supervisors and employees in running to Human Resources. By this, I mean that often we make tough decisions and say no in Human Resources. Supervisors know policy and are perfectly capable of saying no as well. I…
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Individuals leaving for military duty must have insurance for 30 days. After this, Tricare kicks in for such personnel and their dependents. Thus you need to maintain insurance for 30 days. Individuals leaving for military leave should technicall…