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The 12 weeks are what you are required to give by law. What sort of an employee is this? An excellent employee is hard to find and well worth waiting for. A marginal employee or a poor employee you may well want to let go.
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Firing can lead to grievances in a union environment and messy lawsuits in nonunion places of employment. A laid off employee typically receives unemployment which softens the blow of being let go. Laying an employee off can be an easier way to go…
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The key to exempt positions is that they get paid regardless of quantity or quality of work. This means that they must receive their entire salary in any week in which work is performed (even if they only work one day). If they did not work any da…
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Do you have a probationary period. Many places of employment put new hires on probation for one year. If so, they can be terminated if they do not work out. If you are really concerned about fairness, consider giving a last chance. Last chance a…
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This is a different case but in Cardenas v. Massey 3d Cir., No. oo-5225 the Third Circuit ruled that each allegedly discriminatory paycheck issued to Cardenas may have been a continuing violation preventing a disparate pay claim from being time barr…
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The example given for major safety infraction would be smoking in an explosives factory or other environment where such behavior could cause death and destruction. Failing to renew a license is a technical issue and does not put fellow workers at r…
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When a new and high ranking executive makes waves, the first reaction is to circle the wagons and resist any change. Take a minute first and look at the facts. Are there problems and problem employees in your department? Have these things been ov…
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Law and the church is a whole category of study in itself. Many laws do not apply to religious organizations. As a very general rule, such issues as taxes on employees, compensation for work related injuries, or safety codes such as exits or fire …
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What were the reasons for the reduction? The best defense against an age discrimination complaint is to show there were sound business reasons for the action taken. Already, age is a broad spectrum in your group. If you present a sound reason for…
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It is unprofessional to reprimand any person and then go and gossip about it. As far as slander, that is a legal matter. Generally truth is considered a defense in such cases so if what is being said is not false, there would be less chance to tak…
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Unfortunately, there is no answer to this problem that does not generate some kind of controversy. There is no limit to how silly it can get. We had an argument with a male employee over shorts some time ago. We were trying to push appropriate dr…
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How often is "constantly". FMLA gives 12 weeks of leave per year with an approved slip from the doctor. There is a DOL web site ([url]www.dol.gov/dol/esa/fmla.htm[/url]) to get the forms. The employer is entitled to medical documentation on this …
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I cannot speak to the laws in your particular state but the Fair Labor Standards Act did not apply to governments for years. A court case applied the law to governments which required overtime payments. A subsequent case permitted the practice of …
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If you discharge an employee for an arrest or conviction for crimes committed outside of the work place, you may well end up in front of a third party. If so, the likely question is whether there is a "nexus" or connection between the conviction an…