jimlegal
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[font size="1" color="#FF0000"]LAST EDITED ON 03-13-03 AT 12:19PM (CST)[/font][p]Agree with DonD. Since you are conducting a RIF, which has nothing to do directly with the employee in question, you probably will be just fine. Wish you well with yo…
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Agree with Gillian & Popeye. Sounds like you may want to start the paper trail now for your Absence Control. We would give the employee the 3 days off and monitor future absences as we do everyone else. I find your statement about this employ…
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Like LindaS our policy allows for "Flex Time" with the supervisors approval, must not cause overtime and must be completed within the same week as the appointment, NO carrier over time. Hope this helps.
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Thanks Don, you are a great asset to this forum!
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Several hours of debate and persuasion resulted in the following: A recent case Fountain v. New York Dep't of Corr. Servs., 190 F.Supp2d 335 (N.D.N.Y.2002), aff'd in part and vacate and remanded in part by Conroy v. New York State Dept. of Correcti…
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Spoke with the attorneys that represent our company, who advised that the law isn't really clear when it comes to demanding the employee obtain medical records then provide them to the company under threat of termination. Having said that they also…
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For me the question is: When does the medical information become too much? I understand an employers need for very limited medical information for sick leave usage. I have a hard time understanding the need for information over a year old. I als…
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Yes, and all of these pilots currently hold class one medical clearances. Just because the pilot took a couples of sick days, did not cause the pilot to loose their medical clearances. Mgmt want to classify this as a "safety" issue. I think it is…
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In this case mgmt wants the employees to obtain the medical records and provide them. Failure to provide the medical records would be considered insubordnation and the employee may be terminated. They do not wish to accept a mere doctor's excuse. …
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Having dealt with several USERRA issues, I would suggest that you speak with your Counties employment attorney. The wrong step in this area could be not only costly, but also a crime in some states. Not only would you need to comply with USERRA, b…
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DON As always, solid advice. Thanks a million!
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PORK, you hit the nail on the head. That event had caused more ill-will around here that anything the executives have done. What little team building that was around, was totally lost when about 1 month ago the executives called all ee's in the bo…
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Ray A, much like your ee our ee is the straight arrow of the crowd with 17 years experience. I believe what this ee tells me. I agree Sunday ad's aren't the gospel, but it does shed a bit of light on what is going on. My challenge is dealing with…
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I understand your comments, it is just hard for me to put aside my concern and empathy for this type situation. I believe I really need the executives to help me on this one!
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I strongly believe the ee wishes to remain with the company. In the ee’s explanation the ee showed me that after taxes and paying the minimal expenses (rent, electric, telephone, car, insurance) the ee has nothing left. In fact this ee was very op…
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We always require any application, regardless of the position.
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We require every applicant to fill out and sign an application, even if they have a resume.
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Having dealt extensively with USERRA, based upon the limited facts in your post, my response would be NO you may not term the service member. Please pay specific attention to sub-paragraph (b) of your statutory quote, which under certain circumstan…
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Enforceability of an Non Compete Agreement or Confidentiality Agreement is most times left for the Court to decide. Your queries present questions beyond the scope of this forum. I strongly suggest that you immediately contact your company's labor…
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Employers seek to effectively circumvent the non-compete issues during employment through anti-"moonlighting" policies. Unlike non-compete agreements typically "moonlighting" policies are not governed by statute, are not limited to a geographical a…
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Agree, contact the U.S. Department of Labor and your individual state's office of labor. Let the labor folks, decide.
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Holiday pay is a benefit to the employee, thus it should be paid to the employee as part of the employee - employer relationship. Our policy is that if the holiday falls on a Saturday is is observed on the Preceeding Friday. If the holiday falls o…
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Immediately contact your company's labor & employment attorney! You mentioned you have a board, then the board should be seeking advise from their attorney to not only enforce your contention, but to cover themselves from liabilty.
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I vote that you play it safe and take out the tax! The employee was never an independent contractor and you have stated no other reason to act otherwise. Now if this is structured as a settlement versus severance, that could change the entire matt…
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I vote terminate. You cannot let one bad apple spoil the bunch! Then the employee can go bend rules some where else.
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Be honest, but stick to general "yes" & "no" answers. Commentaries will only lead you down a path you probably do not want to go.
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Sandy, I would gladly fax you a copy of one of our job decriptions that covers the area of education. If you feel this would be helpful to you, please just send me your fax number.
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Thanks for all of the suggestions and comments received. You have been very helpful. I am still open for any additional comments or suggestions, so please feel free to add to this thread!
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I vote not to reply. Save yourself not only postage but headaches down the road.
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Agree with other posts. This person doesn't seem to be setting the example, in fact his actions maybe alerting other employees as to what they should be able to get away with. Although it maybe a problem for this department now, it would be of gre…