gillian2

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gillian2
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  • The legal angle probably depends on how your state views exceptions to employment at will. This falls into the "public policy" exception arena, which means that it is not a good idea to fire employees for reasons of public policy - and it is public…
    in FIRED!!! Comment by gillian2 August 2003
  • Since this is California, you can in fact make a loan of two days vacation, however, the employee has to agree to the arrangement and there should be a signed agreement to pay back the vacation if the employee quits before he accrues enough to pay i…
  • If you didn't pay her the two weeks, she will probably draw UI. If your state is similar to mine a key rule is who is the "moving party" - the last party to make a decision that employment will end. If a person quits, the rules revolve around whet…
  • I agree with the others. A reprimand might be a bit strong. The conversation that you have with the supervisor might include describing your role - sometimes a safety valve where employees can go in confidence and that this role provides on opport…
  • Yep, they are scams.
  • There is no obligation, but you should consider the former employee if the employee was a good performer. If the person was a good employee you will save a bunch of money by rehiring.
  • The 1 to 100 level comes from a joint survey by SHRM and BNA which has been conducted annually for more than 20 years. The survey breaks the data down by industry so that you can get a better handle on your industry.
  • There is nothing illegal about what you propose to do, however, there are lots of downsides as have been mentioned in previous posts. If you can't find something for them to do until the work speeds up (you said it was temporary)either lay a whole …
  • Oftentimes "he said - she said" situations boil down to credibility. Does the accused have a "reputation" or has he been squeaky clean the whole time? Does the accuser have other motives that should be considered? Termination just based on the ac…
  • If you can switch her to part time, help her through the thinking process of deciding what is the best approach. If you have an EAP get input from that source. Find out, maybe through the EAP, what benefits she could have if she were not employed …
  • With management that seems to be running this place, firing all the employees and hiring a new bunch will just result in the current situation starting again, just as soon as the new bunch figures out what the old management is like.
  • That's probably the reason why now there are less Perfect Attendance Programs in operation than before.
  • Since this is in California, the only persons who can investigate this is an attorney, a private investigator or a designated employee. Three or four years ago there was a case where the investigation was done by a third party HR consultant (no, not…
  • Can any of the other behavior that this person has exhibited fit sexual harassment- and it doesn't have to be overtly sexual - does the posturing happen to primarily females? Yes, I think that you should cut your losses, as well. If the boss is th…
  • You are exactly right!
  • You are correct - this type of documentation makes a supervisor look like they are just out to do a job on the employees. If a lawsuit were to take place, it would harm the company.
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-03-03 AT 12:18PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 07-03-03 AT 12:16 PM (CST)[/font] There is no good way to ask - back to contact your attorney if you really want to do th…
  • First contact an attorney. How this goes over depends on what the employee is like and we don't know that. If the employee is likely to go over the edge when you ask the question, he or she will suspect bad motive on your part in every step afterw…
  • I agree with all.
  • SHRM is the probably the best HR professional association - I have been a member for more than 30 years. If you are in a metropolitan area of any size there is probably a SHRM chapter in operation where you can go to meetings, learn stuff and meet …
  • Maybe, maybe not - if nothing happens breathe a sign of relief. The VP should be made to understand what privacy means.
  • If the EVP and presumably the CEO don't want the VP there, there isn't much that you can do. Sending the VP to a Dale Carnegie course won't change the mind of the others. This is, perhaps unfortunately, a polical play that only has one outcome - t…
  • Probably some, but pretty remote. The kid could hurt himself and your sales manager might say that it is workers comp. or that he was really an employee who wasn't getting paid, etc. etc.
  • Full time and part time are what you define them to be. Many employers choose to define it as do their benefit plans but that is just for convenience. The biggest problem, as you have noted, is working part timers without benefits at, or close to,…
  • Tell the Director that what she proposes just might set the employee on the course of changing from a good employee to an irritated one, resulting some time in the future with the employee working for some other company.
  • If there were to be a lawsuit which involved the performance appraisal process, the instructions to leave out employee comments would become known. Then the process would look very one-sided and would harm the company. Even-handedness is very impo…
  • Yes, and remember that under the FEHA employers are expected to be proactive and prevent sexual harassment. Retaliation does not go over very well with California juries - it's worse that the events which led to the retaliation.
  • As a follow on to the attorney advice, you should contact an attorney. The California disability regulations are included in the Fair Employment and Housing Act and a qualified disabled person is someone is "limited" in their life activities, not "…
  • No, that is dishonest and doesn't work. One issue was the funding of a new college. The employees, as did a lot of people, thought that the funding was coming out of the budgets of the other colleges, thus impacting them. The VP of Finance was a g…
  • The fine line is what you do with the concerns, which could be "group concerns". The finesse is how you respond so it isn't literally impossible, just requires finesse so that the exchange is not negotiating, not responding directly to concerns but…