davids
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Comments
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I have always used 480 hours or the appropriate proration for part-time employees (240 for a half-time employee, 360 for a three-quarter time employee, etc.). As some employees will use FMLA on an intermittent basis, I have found keeping track of h…
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I would advise you to set up a screening process to ensure that the redeployed employee meets the qualifications for the new duties. You would potentially increase your liability if an accident was caused by your assigning tasks to an employee not …
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In your scenario, you will have hired a disabled person, either way. Therefore, the rejected candidate would have a difficult time claiming you discriminated against him/her because of a disability. Could a person who was 50 years old claim you di…
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The collective bargaining agreement takes precedence over the policies. However, if the CBA is silent on an issue, and the issue is permissive, then the policy would apply to the union-represented employee. If the CBA is silent and the issue addre…
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The first question that comes to mind is: If you did send him for an eye exam, do you have a validated standard against which you will judge him? What is the acceptable range of peripheral vision? Are all of you employees performing similar duti…
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I have dealt with a similar situation where an employee's medical condition was causing an offensive odor. We sent the employee back to the doctor to work on alleviating the odor. The doctor tried changing the employee's medication and was success…
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Because, when a public employer takes action, it is the government taking the action. That kicks in constitutional protections that don't apply to the private sector. It is why public employees have due process rights that don't apply to private …
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There is a recent (2008) 9th Circuit case, Lanier v. City of Woodburn (Oregon) in which the court ruled that it is not permissible for public employers to conduct blanket pre-employment drug testing. The court said the city's policy was an unlawful…
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I agree with POTATO. Do you have specific information regarding the complaints (who, what, where, etc.)? Did you investigate and find the complaints valid? Did you address the issues with the PT and give him an opportunity to improve? Without mo…
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You really need to be looking at the duties and responsibilities and not working off titles. We categorize police sergeants as protective services based on their responsibilities.
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Administrative support.
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[font size="1" color="#FF0000"]LAST EDITED ON 01-09-09 AT 10:42AM (CST)[/font][br][br]I believe the answer is no, you do not have to pay if the exempt employee does not work any part of the work week. My response is based on DOL guidance I received…
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It sounds like he has been working full-time up to now, so FMLA was not needed. Now that you no longer have work for him within his restrictions, I would invoke FMLA. If you have some work, but not full-time, it would be intermittent FMLA. If you…
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Paul - Although I am a fellow Oregonian now, I grew up in Brooklyn. So don't hold it against someone, just because they speak funny. I get enough Brooklyn accent jokes from my co-workers. Seriously, you are not obligated to provide any informati…
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I agree with others that it is time for you to seek new employment. As for the employees who want to file a class action, I would leave them my forwarding address, so they know how to contact me when they need me to testify.
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We are a municipality that employs paramedics, so I relate to your concerns. The MRO's "negative" finding means there are no illegal substances in the employee's system. However, a separate issue is whether or not the legal drugs being used by the…
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If the company has not in any way sanctioned the activity, you shouldn't be concerned. Employees socialize away from work all the time. If a group of employees decide to go out to lunch or dinner and have an accident, it would be a stretch to make…
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I don't often disagree with Paul, but I do in this case. My experience is that people with a good sense of self-worth are able to accept constructive criticism without taking it personally. People with low self-esteem usually interpret constructiv…
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We are a city and recently had a situation where several police officers were exposed to TB. As the exposure was on the job, we notified our workers' compensation carrier. All employees were notified and offered testing. They had the right to dec…
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You're right, Paul, not every complaint will fall under whistleblower protection. However, many do. My statement was a generality based on lack of complete information. It does depend on what the specific complaints are. It also could depend on …
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You need to be careful when disciplining an employeee for making complaints. That's where whistleblower claims are made. Even if the complaint has no merit, the employee may have a claim if she reasonably believed it to be true. I think your app…
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Just a thought - If the employee is refusing to use a computer, and computer use is part of the job, then you may have a performance issue to address. Of course, you will need to consider how long you have allowed the employee to not use the comput…
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I think Nae raised the appropriate questions. Why are you making the change to this employee's employment status and not others? As an independent contractor will the arrangement meet the IRS test for an independent contractor? You can't just cha…
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Definitely you are "allowed" to say that an employee is not eligible for rehire. That is assuming you have a legitimate, documentable reason for not rehiring the employee; and you are applying your standard equitably. Another option is to respond …
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I have dealt with these environmental issues several times and they are not fun. We are a local government also. We recently installed new carpet. The carpet and glue were certified as being non-toxic and allergy free. However, several employees…
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I have dealt with similar issues several times. First, I would always ask for medical documentation. Although you have no reason to doubt the employee, you don't want to establish a practice of not asking for documentation. You may have doubts ab…
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I think you first need to define "elective." An employee with a serious health condition may have a choice of treatments (e.g., a long drawn out regimen of drugs, which may or may not work; or surgery). So, although the employee is "electing" sur…
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I used to work at a university. Faculty hardly ever work a straight eight hour day. They may be teaching some classes in the morning and others in the evening. They can just as easily grade papers at home or on a park bench as in their office. T…
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We have done it both ways. In some cases we have kept the employee on payroll and continued insurance. In these situations COBRA would not kick in until we officially separated the employee. In other cases the employee separated and elected COBRA…
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A couple of thoughts: I think you already passed on the opportunity to accept the resignation by letting the employee return. We have been advised by counsel that in these types of situations, immediately tell the employee that the resignation is …