jimlegal
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[font size="1" color="#FF0000"]LAST EDITED ON 03-26-03 AT 11:05AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 03-26-03 AT 11:00 AM (CST)[/font] I notice you say "resume" not "application". Did this person not fill out an applicati…
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I agree with Scott Ruth. You may wish to perform some homework to not only detrmine your exact duties in this position, but also become familiar with the HIPAA policy that you are to work with. Good luck in your new appointment.
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Sounds like you may be headed for major problems. Policies & Procedures must be put in a written form for all to follow. How can you justify discipline, when you don't have a written policy or procedure outling the infraction. Nor do you have…
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Caution, caution!!! Taking off down a road with no written policy may be dangerous to your wallet. ADA as enforced by the EEOC allows drug testing post offer. You may wish to visit the EEOC website for the most recent FAQ's. Mean while you proba…
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Federal Law, State Law or a combination of both? Is this an OSHA concern? Are you a union or non-union? My immediate reaction is whether it is mandated by "law" or not, a written policy should be put in place covering this issue. If it is mandat…
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Whether using the State or Federal Statutes or the UCMJ, a felony is a felony. I would venture to guess that your company policy does not define the difference between a State or Federal Statutory felony and a UCMJ felony. As such you may be well …
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I would send the former employee a letter certified mail return receipt requested giving the former employee ten (10) days to return the company property. In the letter I would quote the penal code concering theft and make it clear that the company…
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Agree with Crout, need more information before an adequate reply post can be made...
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I agree with Don, the employee resigned. I know of no affirmative duty you would owe a resigned employee to transfer them into another position. Besides in my experience if you reduce a person from manager/supervisor to the non-manager/supervisor …
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Did the employee actually attend any reserves activities? If the employee is a service member then USERRA will certainly apply to the employee's reinstatement. One of the best resources I have found for USERRA information is located at [url]www.ro…
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Even though you are in an hire and fire "at will" state, I would obtain some type of documentation on the matter. Maybe a written sequence of events that you and the supervisor agree upon, then file that in the personnel file. Having an employee a…
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For what its worth, now that the situation has been called to your attention you must take action. If you don't take some sort of action, then something worse happens, your liability goes off the scale!!! Consider bringing just the two parties inv…
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I don't know what your regional BCBS office is doing to assist you with HIPAA compliance. However the BCBS office in the Dallas, Texas area held several HIPAA work shops providing handouts to assist with HIPAA compliance for their BCBS employer mem…
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After your last post, I would let our attorney write an extremely strong letter. Which letter would contain a cease and desist demand, that the ee stop calling your business and making defamatory statements to current employees. You may also want …
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[font size="1" color="#FF0000"]LAST EDITED ON 03-21-03 AT 01:37PM (CST)[/font][p]BEWARE!!! How do you know that the ee resigned? Could it have been someone else that resigned for the ee? You need to verify this resignation with the ee. Maybe a l…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-24-03 AT 12:59PM (CST)[/font][p]Is accomodation necessary? If you conduct your Pre-Employment hiring practices without considering religion, why worry. By your actions be sure you do not discriminat…
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Do you have a policy in place concerning this type of issue? Do you have a policy in place concerning fragrance? It sounds like this maybe a health & safety issue for co-workers and the company. Further, sounds as if you may have a fire haza…
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Our policy is that we only pay for unused sick leave at retirement. If a person is terminated or resigns with unused sick leave, they loose it. Our policy also defines that sick leave is only to be used for illness, not personal days, doctor appoi…
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Just yesterday we held a Safety & Security briefing with all employees. We covered several topics relating to our building and its immediate surrounding area. We again handed out copies of our Safety & Security policy to all employees. Pr…
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There is no reason to put "age" in this situation. Another approach maybe to set goals for the employee to achieve by the next evaluation, helping the employee with personal development. Of course one of the goals could be attendance in some type …
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Out of your concern for this employee, I would speak with the employee directly, explaining that you are concerned for the employee's safety for when the War does start a possibility exist that certain individuals in the "public" may retaliate again…
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Provided that this employee has no military service affiliation where USERRA might apply. Accept the resignation and send the (former)employee on their way!
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Maybe due to all the bureaucracy they just have more (b/s) to haul around? I am surprised they didn't have a limo...
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Sounds like this is an issue for the Oregonian investigative reporter!
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Agree with the above. The sooner you remove it the better!
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Agree with Theresa, this guy really needs to be talked to. The ripple effects of loss work production, further depression of workers, etc. is incalculable!!! Hope your able to get this issue under control quickly.
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Agree with Trinity. At a minimum I would write this matter up and place in the employees file. If you don't have a written "Absence Control Policy", or some other titled policy outlining procedures when this type of situation arises, then I would …
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[font size="1" color="#FF0000"]LAST EDITED ON 03-18-03 AT 08:15AM (CST)[/font][p]From your post it seems that your policy covers this issue. Of course you have followed the disciplinary steps outlined in your policy. Now to the decision. Having h…
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Doesn't the employee sound like they may be disabled? If so, what about accomodation? Thoughts???
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I have an extreme concern that you have an accident waiting to happen! You have an obligation for the health & safety of other employees and the general public. Under ADA you can request the employee take a physical exam, especially since this…