awilliams
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We have an excellent Special Report on this very issue, entitled How to Manage Your Aging Workforce. If you are an Employment Law Letter subscriber you can access it on this site for free. If not, you can follow a link to purchase it. It sounds lik…
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I just could not resist adding a war story about faking test results (goodness, am I turning into Don D?). I once represented the employer in a case where an employee claimed that due to the persistent harassment by his supervisor he was sent into …
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Judy, That is an interesting issue. It may depend on your state's workers comp laws, if you can believe that! What state are you in? The other thing that you might want to consider is just paying the bill, regardless of whether you are required to…
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You need to be concerned that you are in compliance with the Older Workers Benefit Protection Act (which amended the ADEA) which requires that certain time limits be given to let older workers review any releases of age discrimination claims. The OW…
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It looks like background checks and documentation issues are hot around here! Don't distress, we have some great Special Reports for you that address these important topics. Hiring Smart: How to Conduct Background Checks gives a lot of great informa…
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A note of caution- make sure you have covered your bases in terms of the Older Worker Benefit Protection Act and the ADEA. And do not give the worker a false reason why you are terminating him. It is best to tell the truth, that way you will not ge…
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We also have an excellent Special Report on this topic (and I'm not just saying it is excellent because I wrote it) that covers all the issues that arise in an electronic workplace. It is called: How to Avoid the HR Hazards of Your Electronic Workp…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-20-02 AT 03:06PM (CST) by jrobb (admin)[/font][p]This is a tricky situation, and you want to tread carefully. At M. Lee Smith Publishers, we have several resources for you. We have a Special Report on…
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California has a law that requires employers to provide breaks and a private place (other than a bathroom stall) for women to express breast milk. Other states may have similar laws, I know that Tennessee does. I am unaware of any federal law regar…
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Is this form in her personnel file? Many state have state laws that require employers to allow employees to view & COPY all documents in their personnel file. If this form is in her PF, or should be, then save yourself the aggrivation of having…
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I have used hair follicle testing in the past for DOT jobs and it was marvelous. It is amazing the information that can be gleaned from one strand of hair. The downside is that if a person smoked marijuana or took cocaine several weeks ago, it stil…
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AS one of the "stars" in the video series, I highly recommend it. P.S. I also wrote the handbook material, so I must say that it is stupendous. I am interested to hear some non-biased opinions on teh product, though!
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An employer should always hire the best person for the job. If that best person happens to be a temp employee, and you have to let go a permanent employee, so be it. The permanent employee had an opportunity to outshine the temp, failed, and so sho…
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I would not be so quick to say he does not have a disability. I once handled a case where the employee, a Chicago Depertment of Transportation worker, claimed he could not go out on snow calls because he had "snow phobia" and the judge bought it as…
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KO- As a pubic employer you have the Constitution to consider, mainly the establishment clause. I would tread very lightly in allowing employees to use government resources (rooms, lights, chairs, phones, etc.) to hold their Bible study classes. T…
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Hello Bikes, Thanks for your interesting question about religion in the workplace. That has been a very hot topic as of late, and in fact, I just finished writing an Executive Special Report on that very issue. Law center members will receive this…
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I do not know a whole lot about immigration law, but I do know that it is very complicated. There are law firms out there that are devoted only to doing employment-based immigration law work. If you need to contact such a firm you can click on the "…
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If you know, or even suspect that the employee has a communicable disease, you ove it to the employee and your other workers to follow up on that hunch. Require that the employee present a return-to-work form signed by his physician and request that…
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Unless another law applies, you are able to fire an at-will employee for a good reason, a bad reason, or no reason at all. You just cannot fire an employee for an illegal or discriminatory reason. As far as I know, pastors' wives are not a protected…
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When I first became a mother I thought it would be great if I could just bring my newborn son to work with me. He didn't take up much space, hardly cried, and I could just put him in a desk drawer if I had a meeting with a client, right? Wrong. I co…
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I agree wholeheartedly with Teresa. Privacy rights of employees is going to be a big issue in the next few years, so employers ought to start getting their ducks in a row now. In fact, we are putting out a new HR Executive Special Report on Employee…
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It is always a dicey situation when you are dealing with people's personal habits. As an allergy sufferer, I would like to post up a big sign by my office that warns people wearing a large amont of perfume or cologne to take a shower before they wa…
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The issue of indoor air quality, including sick building syndrome, is discussed in-depth in our HR Special Report: The H in OSHA Stands for Health: Tips for Workplace Health and Injury Prevention. If you are a lawcenter member, you can go to the mem…
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I'm glad you asked the question about sexual harassment cases. There have been lots of chnages in the area of harassment law in the last few years, so it is a good idea to make sure thatyour training is up to date. The cases that Gillian mentioned…
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LuLu- As a woman, and an attorney, I share your frustration that employees of small employers simply are not covered by many of our federal discrimination laws. The reason is purely economic. Congress has decided that the burden on small employers t…
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Alas, I think you may have been given some bad advice. There was some talk that the recordkeeping rules might be delayed, however, on June 29, 2001, Elaine Chao, the Secretary of Labor announced that the OSHA recordkeeping rules will go into effect …
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Dottie, You are dealing with a serious situation here and I think you have taken some very good steps in contacting the police. Margaret Morford has also given good advice in that you can fire this employee based upon threats alone. I would suggest…