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WT

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WT
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  • This settlement is without prejudice or precedent. That means it is a one time thing and does not bind future decisions.
    in Past Practice Comment by WT September 2005
  • There are a number of elements commonly looked at for past practice. It must be notorious. In other words it must be out in the open and known about by management and employees. Somebody sneaking and getting away with with something, even if over…
    in Past Practice Comment by WT September 2005
  • Does this employee drive for you as a condition of employment? That could require accommodations in duties. I did read one case where an attorney had a disability and wanted her firm to provide paid parking for her nearby (it was very pricey) the …
    in Eye Problem Comment by WT September 2005
  • I would like to look at a different aspect of this issue. How much company time is wasted while folks look at menus, discuss what they want, discuss whether they want to go in together for a food item, decide which vendor to use, figure who should …
    in Lunch Ordering Woes Comment by WT August 2005
  • The above are good posts. PDEA is out there to assure that pregnant employees are not treated differently than others. The question you must ask yourself, is what would be done in case of a heart attack or a broken leg as mentioned in the post abo…
    in Pregnancy/FMLA Comment by WT August 2005
  • I have had the identical situation. This happens sometimes when the job market is soft. If this person will be acting in a chain of command, ask yourself if you could make an assistant out of him or her. I turned down a couple applicants because …
    in Overqualified applicants Comment by WT August 2005
  • Employees with alcohol or drug problems are tough to deal with. Other employees do not want to inform on them to include the supervisors. I have been down this identical road before with both managers and fellow workers complaining that I did not …
    in Possible Drug/Alcohol Problem Comment by WT August 2005
  • A basic rule of thumb is that contents of a personnel file should be known to the person. Thus, notes, evaluations, coaching or discipline should be something a person already seen. Otherwise, if you are looking to modify the behavior of the emplo…
    in Personnel file Comment by WT August 2005
  • The PDA would apply to even short time employees. There is case law out there on PDA protection for potential employees being interviewed. The PDA prohibits discrimination by employers based on "pregnancy, childbirth or related medical condition".…
    in Pregnancy Discrimination Act question Comment by WT August 2005
  • Ask yourself, if it was a heart attack or any other illness, would the job have been lost. If the anwer to that is no, then the employer's position is dicey. Pregnancy is being singled out and that is what PDA was meant to remedy. If any illness …
    in Pregnancy Discrimination Act question Comment by WT August 2005
  • It is unfortunate that we live in a day and age where such posts and advice are necessary. A big husky welcoming party as has been mentioned is a good idea, if you have the big husky people. A guard is great because even the presence of a uniforme…
    in Employee Abused by Husband Comment by WT August 2005
  • I think you are being more than generous here. If we get a positive test, the person is suspended until all orders of the Medical Review Officer have been complied with. We also require the employee to sign a last chance agreement. We will rehabi…
    in Positive Alcohol or Drug Test Comment by WT August 2005
  • Having worked a swing shift, I would like to bring up a point you may have missed. Working third shift is really not good for your employees. Sleeping during daylight hours is hard and not really restful. Working even until 3 in the morning lets …
    in 2 shifts - 1st & 3rd Comment by WT August 2005
  • It is wonderful for young people to volunteer and get a sense of the work place. My daughter volunteered at the local Y and did so well she was named volunteer of the year for the entire state. She has done very well at the employments that she ha…
    in Kids of EEs as Volunteers?? Comment by WT August 2005
  • Our policy specifically states that the name of the complaining party cannot be kept a secret. We must interview to get out the facts. Once the facts are in hand, appropriate action can be taken. Good luck.
    in Investigating: He said, She said Comment by WT August 2005
  • Retaliation lawsuits have succeeded even when original discrimination suits have been dismissed. What is your culture at the workplace? If there is any chance that remarks or behavior such as you describe are common, then, you are ripe for a retalia…
    in Supervisor Problem Comment by WT August 2005
  • I have seen and worked with this mentality as I have been on both sides of the union/management fence. As a union rep, I told employees to never bring up what somebody else did as you are the one who is caught. A reply to the union or member on th…
    in "Us Against Them" Comment by WT August 2005
  • There is not always a written policy for a given issue. If there is such a policy, rely on the policy. If not, you need never debate the issue. Tell the employee what you require. However, if a person refuses to comply, tell them clearly the cons…
    in ADA and alcoholism - Need quick response Comment by WT August 2005
  • You probably already know this but alcoholism is defined as a disease. Thus you cannot terminate for alcoholism anymore than for heart disease. It has already been pointed out that you did not test and thus have no evidence. If you have reasonabl…
    in ADA and alcoholism - Need quick response Comment by WT August 2005
  • Actually, I am not a newcomer to Human Resources but have worked in that area for many years. However, the fact that I once was a union president has given me some perspective on union issues that I would not have without that experience. You pick…
    in Loyalty or what? Comment by WT July 2005
  • I cannot really agree that union demands are the largest factor in moving work off shore. For instance, WalMart is not a union shop but their buyers pressure suppliers every month to give them products cheaper. Eventually, this becomes the road to…
    in Loyalty or what? Comment by WT July 2005
  • Although I direct the Human Resources now, I have been a union president in the past. This gives me some perspective on loyalty. It is my opinion that the downsizing, right sizing and other various actions taken by companies to help their bottom l…
    in Loyalty or what? Comment by WT July 2005
  • If you really want a management manual, why reinvent the wheel. Take a good one or several and then add or subtract whatever you want. It should have sections on relevant laws (discrimination, harassment, etc.), paid time, company policy, use of c…
    in Knowledge Management-Policy & Procedure Manual Comment by WT July 2005
  • You need to put out a smoking policy to all employees as a result of this law. Explain where smoking is prohibited. Our facility had many senior employees who smoked. Thus foremen or other supervisors smoked with the "permission" of the employees…
    in Georgia - State Wide Smoking Ban Comment by WT July 2005
  • Paid breaks are obviously paid time so the employer can direct the employee what to do during that time. Thus employees could be prohibited from leaving the premises, from smoking in a smoke free area, from playing cards (perhaps to root out gambli…
    in Paid break when ee not even here Comment by WT July 2005
  • Apparently, the employee did not leave your establishment to join the service. He subsequently did join the service. If he did not leave to join the service but quit, you must have some sort of paperwork such as a letter of resignation. Further, …
    in Military leave Comment by WT July 2005
  • If your department gives out only name, title and length of service with the company, stick to your policy. If you send a letter stating that a reference was not authorized, why would you do so? Can that be interpreted as stepping outside your pol…
    in Unauthorized reference Comment by WT July 2005
  • Be careful of the probationary period. Many companies consider time in military to be time served for probationary period purposes. The reason for this is the USERRA law that requires a person to be put back into the work force (as much as possibl…
    in Active Duty Reservists & Probation Period Comment by WT July 2005
  • In many jurisdictions, you may use any name you wish as long as you have no intent to defraud. Many documents (as in retirement papers) ask if you have been known by any other name. People go by nick names, middle names, abbreviated names or maide…
    in Changing Last Name Legally Comment by WT July 2005
  • A good deal of work has been done on the independent contractor issue and some big suits as when Microsoft employees sued for back benefits. If the issue comes up there are a number of things the IRS would look for: does the person do this function…
    in Independent Contractor Comment by WT July 2005