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The employee really does not have a reasonable expectation of privacy over pictures posted where absolutely anyone can access them. Thus, I believe you could use those pictures for whatever they are worth toward establishing a case. Pictures only …
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For the first 30 days you need to extend coverage and the employee pays what an active employee would pay. After that, the employee can receive coverage if he pays 102%. It is like COBRA but is not COBRA in that it is not coverage mandated by that…
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Unfortunately, when laws come in the door, common sense often flies out the window. Thus we in HR often focus on what we must do as opposed to what we can and should do. In our work place, of all the employees who have been injured, we have found …
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Working with lawyers can be tough. The case I spoke of is Lyons v. Legal Aid Society. This is a 1996 case so it cannot be considered recent. Here the Second Circuit U.S. Court of Appeals reinstated a claim dismissed by a lower court. An attorney …
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Just for your information, the case I made mention of was Lyons v. Legal Aid Society. This is a decision from the Second Circuit of the U.S. Court of Appeals. The case was dismissed by a lower court but the claim was reinstated upon appeal. It co…
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I have read a case on this particular issue where the employer was required to furnish (i.e. pay for) a parking spot in a garage for a handicapped employee. This was a high paying job in a big city where the cost was much higher than what you quote…
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Sometimes, due to the mechanics of hiring and interviews, the hiring process takes longer than I would like. When this happens, I have found that often the most desirable candidates have already found other jobs. If this happens during the intervi…
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Just a quick question to help me understand your situation. Were your employees given the fourth of July off? If so, how many hours of holiday pay were they given? Specifically, was it 8 or 10.
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You are blending two or three items here that I would separate. You require employees to work 50 hours to get work done. That is mandatory overtime. Look at a "normal" five day week. The 40 hours is normal which is 8 hours a day. Leave is set a…
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Paul, Just a note about the lying. I had an employee in who had lied in the past. I told him that if he told the truth he would save his job (about some behavior he had engaged in) but if he lied I would fire him that day. He lied and I had abso…
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The how of salaries for non exempt has been covered thoroughly, however, the why could be made more clear. There has been a good deal of discussion about rates and mechanics, but what is the culture in your workplace? In ours, salary means managem…
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State laws will vary but the issue here is that the employer is resorting to self help. Because we pay the employee, we then are acting as judge and jury in fixing and collecting damages for behavior that we judge to be wrong. All this is done wit…
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Have you used some of the temp agencies? They have already done the recruiting and screening. Generally, they will let you convert their employees to your payroll for some sort of financial consideration.
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As others have pointed out, the rules for non-union workers to have a witness have swung back and forth at the NLRB. However, even for union shops, this is only if discipline is possible as a result of an investigation. This implies some questions…
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I have been down the same road. If you are not a party to the action, you need not spend an unreasonable amount of time in gathering records. If it is just a copy of a personnel file, I would send it. If they want too much, I have told attorneys i…
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If you want to tie attendance with appraisals, put your problem employee on probation for the next appraisal period. Tell him or her what the consequences will be. Either get your needed improvement or follow through on the promised consequences.
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Let me give you another option. If this person is going to the Board to enhance their influence and using such influence to bully others, this type of behavior is very hard to root out permanently. Remember, people repeat patterns of successful be…
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Would you also stop at a stop sign at 2:00 in the morning with nobody around? Would you steal if there was absolutely no way to get caught? If so, you have personal ethics and beliefs that drive your behavior above and beyond fear of punishment. …
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I understand the desire to separate work and spirituality for business convenience like separation of church and state. What you are really asking is for no overt demonstrations of spirituality like a prayer meeting. However, we do want other thin…
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Add to all this, that sometimes the employment interview is the best work some employees ever do.
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Paul has some good ideas here. A few of mine follow: 1. Get out the facts first and then react. 2. Look at the costs of both winning and losing your various battles. 3. Never promise anything unless you have it right in your poc…
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When employees leave, they often have accruals on the books of paid vacation or personal leave. The usual practice is to pay these out in the final check and not run them out a day at a time until exhausted. However, in this case, you are free t…
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Why not tell them you will get back to them. Then contact the employee and ask him/her what sort of response they want given. These things are most generally some kind of credit check. As long as it is truthful, I would have no problem in giving …
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Since you are in New York, you would do well to investigate SONDA (Sexual Orientation Non Discrimination Act). This is fairly new law that prohibits discrimination on the basis of sexual orientation. I have not heard much on how courts have interp…
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Our policy is that we reserve the right to refuse to hire relatives for no other reason but being relatives. We have had some real battles over this issue and have come to the conclusion that the problems caused by having relatives work here are no…
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Try to treat the problem the same as any medical problem. If it is serious enough for a doctor to approve leave, then follow your policy and the law. Do not fall into the trap of trying to evaluate or diagnose the problem yourself.
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The above posts are right on target. With a terminated employee, less is more. Keep the details confidential. Funny thing is that whether let go for theft, mistakes, drug use, or other unpleasant issues, the former employees generally give their…
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It all depends on what you want. We do have some management people who belong to various civic organizations. We do not require them to use paid time off to go to meetings. The reason for this is a perceived benefit to the organization by raising…
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Many states require that employers give employees time off to go and vote (such as New York State). However, since the polls are open from early in the morning to nine at night, there is ample time to vote outside of work hours. You may be dealing…
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In this case, I would be immediately suspicious that the employee was hurt off duty and changed his story to get paid time off. This leads to a number of questions. Do you require an accident report anytime an employee gets hurt at work. If not, …