WT
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The ethical question that could arise is whether this person received a promise of employment in order to overlook some sort of problem in the audit. Since she was pulled off the audit, I assume somebody else finished and signed the audit. If the …
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As a general rule, the Employer deducting money out of an employee's wages, absent a written agreement to do so from the employee, could be seen as resorting to "self help". In that case, the Employer would be acting as judge and jury finding the e…
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Pork: Add to that the fact that sometimes a candidate looks good to HR but the supervisors the employee is going to work with just do not like that candidate. This could be a very honest difference of opinion but HR is never well served by pushing…
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I think Whirlwind is pretty close to the mark. Just remember that you do not owe anyone a job. You interview for the best candidate. Sometimes we cannot disclose why we make the decisions that we do make. Maybe you find the person disturbing or …
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I deal with or have dealt with eight different unions. As other members of the forum have indicated, it is a protected right for workers to consider joining a union. You cannot forbid the employees to consider a union nor can you punish those who …
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Pork: You may have missed the thrust of my interest in the case. It was something of a narrow and technical issue from the start. The question was, could an employee get time off through USERRA when that employee had never joined or served in the…
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Since the question was of interest, I got to poking through the law. Section 1002.54 does include time for examination for fitness to perform duty in uniformed forces. Go figure.
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The issue of entrance exams interests me. As a general rule, to get time off from work the person in the service must present orders to the employer. In an emergency, no written orders may exist and the employee might be ordered to active duty ver…
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If he feels that strongly about the issue, why not tell him to go and buy an equivalent product made somewhere else and wear it. If he is willing to do this at his own expense, then his issue is probably genuine. If he refuses, then label him as a…
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Sometimes the hearing officer prefers the timeliness issue. It is a nice technical issue with which to refuse benefits. They can take refuge in that if the merits of the case are pretty shaky. Now if the merits are on the side of the claimant, th…
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You could request that the hearing be done over the phone. UI will sometimes have one party present while another is on the phone. The cross is more awkward that way and you cannot introduce documents over the phone so if you go that way, put your…
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We often have to deal with politics in HR. If the door is closed we then must go through the window. If you have to take the method of diminished benefits to get where you need to go, first, is there a union and contract. If so, this is a past pr…
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We live in a funny old world and so often, things get backward. It seems to me that you need to ask yourself whether the part time positions are your servant or your master. Do you create them to take care of a business need or to custom design jo…
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To a degree, you are talking about employee loyalty. How loyal can you reasonably expect your employees to be and should they stay with you even if they could better themselves elsewhere. If they do stay, what is the long term outlook for them? D…
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Backround checks can be useful to bring to light facts that applicants would not disclose. Use of them is fairly heavily regulated now so if you do use them, do it right. You must disclose to the applicant that you intend to use an outside agenc…
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Are you looking to go to arbitration rather than court for such things as discrimination, ada issues, FMLA issues, and the like?
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To build on what Paul has said, no company ever cut their way to success. All of us get comfortable and companies can get a little fat over time. You can save expenses by cutting, but when the easy or obvious fat is gone, cutting gets much harder.…
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I have been down this road many times. Generally, the place to save the most money is by challenging assumptions on how things are done. What I generally hear is "It has always been done this way." or if an alternative is proposed, "It can't be do…
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We get these requests all the time. Some are more detailed than others. You should have a policy of what you will answer over the phone. On the phone, anyone should identify themselves and tell you why they want to verify. If you have any doubts…
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The short answer is that there will always be some liability. This is true no matter what you do. If the vendor selling booze has few or no assets to get at and deep pockets are needed to pay the lawyers, they will certainly try to come at you. …
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Prompt action is your key here. You need to put a stop to the problem. Get that female employee off this account promptly and then run up or down the chain to lodge a complaint. If the employee is by contract, who is paying the contract. For mos…
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This is a intereting issue as the employer is responsible to protect the employee from persons the employer has no control over. Make sure you take action. If nothing else, send a male employee to take care of this account. This is not unique. I…
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A good deal depends on how your company is set up. For years, I did all the discipline because the managers did not want to do so and the CEO would not or could not confront his managers on the issue. Although I would love to be the "good guy", th…
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We do this in a formal review at six months as most of our jobs are quite complex and three months is not enough time. At three months, we look at the employee in a more informal way to see if they are learning or if there are any obvious problems.…
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Avoid pay for carrying a pager if you can. FLSA rules require paying time and a half on all remuneration for any given week. Thus, if you pay an employee $50 to carry a beeper and the employee works overtime, you must divide the $50 into all hours…
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It is generally not smart to give a big demotion like this. Remember that the identity of many people is all tied up in their title and what they do and also most people believe they are doing an excellent job even when their performance is very po…
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Do you have a union? If so, smoking is most likely a matter you will have to negotiate. If there is no union, you would then be free to set policy and work rules as you wish. In that case, you would need to try to balance the needs of the smokers…
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Remember the generation gap and offer a few more suggestions: 1. Go alone, do not bring your friend. 2. Do not be late. 3. It is very impressive to do some research on the company first. Most of them have a web site now. You may be ask…
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People all have different patterns of behavior. Some are chronically unhappy but some use complaints and whining to get things they want just as some use anger and hostility to achieve their ends. No matter the reason or the method, people repeat …