gillian2
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I think your answer depends on the relationship of the degree to the work that is being done. There is a lot of relevance to accounting, engineering, nursing degrees etc. to the work that is done in those fields. The relationship gets really murky…
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Ditto. Take all the energy you are using and use it to find a job that you like and people that you like working for. While it is tough going through these things the end result is usually all for the best.
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I don't see any problem either. It is common in some industries to pay exempt supervisors extra - straight time is common - because failing to do so means that they make less money than the employees who work for them. In such circumstances there…
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We all keep up with what goes on in the courts, read attorney newsletters and tell our employers what we think based on our judgement about what is going on. I don't see that as performing legal work and heaven help us if we can't do that - the att…
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I think that it is fine for someone to draft a response for their own company. To do so for another company as a client should be done very carefully. I have had clients in the past where I have drafted the response but I always suggested that the…
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No, don't threaten disciplinary action at this point. See if you can fix the problem without it. You can go further if need be but chances are he will stop just by your telling him that how others view the behavior.
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In the four cases mentioned, the plaintiffs attorney. In the defense cases, it is the management attorney that calls. My cases have been 50/50 plaintiff/defense.
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I haven't read the books recommended by HRBeginner but I agree with the titles. Performance appraisals bring no end of trouble when they are not done correctly. Here are some actual examples from cases on which I have served as an expert witness. …
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No, I didn't do them at my former employer and only encouraged former clients to do them if they were committed to doing them right. Having reviewed lots of appraisals as part of my review of documents as an expert witness I find them poorly done, …
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Your CEO must have thinking back from the good (?) old days when moonlighting rules were common. Times have changed and there is a lot of room for challenge if someone wants to try and control off duty hours. Maybe the poor souls who need to moonl…
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No, SLPaulson isn't screwed. California doesn't have a protected class for people who can't do their job. Stress leave under workers comp. is a possibility but she would have to prove that 50% of her stress was caused directly by her job. The onl…
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Unemployment insurance regulations are generally written with the bias to pay benefits - it's the nature of the beast. The information in another post about insubordination being a refusal to follow a direct order is correct - we oftentimes lump al…
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The first thing to do is get rid of the HR/Ged requirement. It is doubtful that it is job-related. Look up the Duke Power case from the 1970's for the rationale. Since you are on a reservation the discrimination rules probably do not apply so the…
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There are a lot of Pro's - flexibility, less recordkeeping etc. but a big con for us in California. For us, vacation is viewed as earned income and cannot be taken away, thus paid to an employee on an accrual basis. That does not apply to sick lea…
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Her not reporting it first doesn't get you off the hook because there are a number of reasons why people don't report. You do need to do an investigation. If that turns out to be inconclusive, or you flat out don't believe her, document the invest…
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Not if the employer really said that the pregnant one is the least productive, lets get rid of her.
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Advise them that if they go to court the jury will evaluate the motive for laying off this employee and will question any motive about poor productivity because there is no documentation. You could advise them of this, recommend against laying off …
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Well, one only responds according to their experience. I had to fire an employee once because the INS didn't view the employment as "portable". I have also found that the employee attorneys that I have worked with have been very helpful.
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Correct - just go through the I-9 process. You should check out the visa that she has. If she is already on an H1B through a former employer, the right to work only applies to the employer that sponsored her, not you. Even though her card says "au…
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Non-citizens can be hired as much as you want to providing that they have the right to work in the US. If they don't have the right to work in the US then they need to come in with the right visa, otherwise they can't work. If you are hiring this …
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Not to throw water on nepotism policies - take that back, I am. Every employer who has an anti-nepotism policy has employees who are adept at hiding relationships. You just don't know that you have them.
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This type of agreement won't pass muster in California. It is a cost of doing business - if you want to use some sort of corrective action for people who keep messing up you can certainly do that.
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Spread some limburger cheese on the bottom of those tart burners. That ought to take care of the problem.
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Sad.
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An equal and mutual relationship - hmmm. Let's see - I can quit any time I want to so I'll set myself up with a new job, get things financially right, cover all my bases and then, with no notice to my employer, I'll quit - cool. My employer can fi…
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"At will" and "just cause" are both valid concepts, "at will" being most useful for those organizations that can't control stupiditities. If you need it, you need it.
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Deborah Ballam, a law professor at Ohio State wrote an article some time back called "The Demise of Employment at Will". It is her position that "at will" will die of its own weight, weight that is gained by ever increasing exceptions - they don't …
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"At Will" does exist, except there are so many exceptions that in reality we operate in a "just cause" environment. It isn't just discrimination that is an exception, it is the whole host of other things. People can't be fired for filing a workers…
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The cost of lost productivity because the new employee isn't as good as the one that left, the time taken by you and others to interview and hire the new employee, training the new employee, the next employee who leaves because their friend left fir…
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You haven't met that attorney. I have.