marc
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This is starting to sound unconscionable! Reminds me of the coal mining companies taking atrocious advantage of the miners; the cigarette companies pulling the wool over the consumers eyes; Enron, TYCO, etc, etc. How in the world can they advise y…
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Just a rule of thumb, when one side brings in lawyers, I bring in mine. Let them earn their fees in this case. Does your WC carrier know about the double payments? They might bring additional pressure to the situation - it might or might not be i…
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James is in the center of the bullseye with this feedback. Today's headsets are inexpensive and can produce some excellent results with respect to efficiency and professionalism. Why invite a workers comp claim when the accomodation is both reason…
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Don D has asked some important questions. It sounds like you want to change your requirements to get this person into the job. What would happen to all of the other 75%ers that were denied the opportunities? Could be some real problems. So, acco…
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Thanks for the clarification. You said it better than I did by mentioning the interactive process and exploring options. To me, the interactive process has significant involvement by the person with the handicap. We have hired several individuals…
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Does your application ask if the employee can do the job listed with or without reasonable accomodation? Doesn't the ee have to tell you what that accomodation is if it is necessary? I don't think the employer has the duty to investigate the accom…
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Don, You must have seen me waddling around one of the local high school tracks trying to jump low hurdles. Hoops would be cruel and unusual, and not a pretty sight.
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Are we to understand that she is either refusing to do all of her work, or that she has unilaterally modified her job description? I think either of these require action on your part. It is not up to the employee to determine what a reasonable acc…
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Agree with HR in Okla, it sounds like you did the right thing. That being said, an attorney friend of mine once said "There is an attorney for everyone." Just because you did everything right does not mean someone won't try to squeeze you anyway. …
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Plus, I remember a case the jist of which involved a long-term EE who suddenly changed his behavior for the worse, got written up a few times for performance related issues, and was terminated. It was later determined he was suffering from depressi…
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Nothing is simple in the triangle anchored by ADA, FMLA, and WC. As to FML, you indicated you are a small company. Do you have 50 employees within a 75 mile radius? If so, you just jumped over the first hurdle. You said the worker has been with …
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Don, my initial reactions were similar to your observations. The thing that gives me pause in that hazy, vague phrase lawyers and judges bandy about, which is "...knew or should have known..." In this case, the EEs crying jags on top of the pregna…
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I think you are dealing with a mess here and would tread very carefully. While it is true that FML, PDA and ADA are not intended to protect a bad employee, the prima facie evidence is stacked against you. The fact that you started a disciplinary p…
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You and your company have done some good things for her, but you are at the point where you may need to have that "interactive discussion" to really dot the i's and cross the t's. I have had little experience with MS and do not know much about "sta…
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I wholeheartedly agree with Don. Nice to hear this working in such an uplifting way. Good job.
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Perhaps a look at malpractice insurance which is currently in force would be in order. Having a house in the community means they get to live with the consequences of thier advice. This is a situation that requires one to tread lightly and thoug…
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Hopefully James will weigh in on this. He recently published a newsletter regarding a poll he made of forum attorneys. Amazingly enough, they concluded that ADA protection does extend to alcoholism. But think what the accomodation(s) would be? Y…
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Obligated is a strong word, but it may be the intelligent thing to do. Poor ergonomics can create a variety of issues, many of which can turn into workers comp and STD claims which may cost the company more in the long run. We contacted local offi…
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Our state gives 7 days to report the accident and then up to 90 days for file claims for the medical expenses. If the 90 days have lapsed, no claim. If the accident was not reported according to your policy, a write-up or verbal warning is in orde…
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We had a similar situation. Mold was discovered in an office that we share with a state agency under a services contract. Once mold was discovered, we pulled our staff from the building and would not allow them to return until the situation was mi…
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We include it in the fringe calculations - strictly internal - for budgeting purposes. It also gets counted in grant applications and spending reports to the grantors.
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I understand the distinctions you are making. We are in a pure office environment. For example, our only MSDS sheets have to do with the cleaning supplies the janitors use. We use normal office equipment so limited exposure there. It does not ma…
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Thanks for the alternate point of view. This is in fact exactly what I did.
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We also treat it as sick leave for non-exempt positions. Exempt ees do not count it unless they are off for at least 4 hours, at which time, they use sick leave.
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Now that you two have kissed and made up, perhaps some answers will be forthcoming. I am not a WC expert, but hopefully others will join in.
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To piggyback on Balloonman's post, it is a good idea to do a thorough analysis of all of the claims for 3-4 years back. Get an idea of frequency and severity. We are also in the pool, but the state mandates that carriers provide coverage - of cour…
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She was not fired, but was put into another area directing some programs. She is a very good director, took on the HR hat when others did not even recognize the need. Overall did a great job, but did not really understand the workings of WC.
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[font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 08:05PM (CST)[/font][p]The former HR Director in our shop looked at WC as a benefit and always tried to help the ees get full utilization of their benefits. She was so successful that our cl…
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I think you should allow separate choices.
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Sounds reasonable to me. I suppose this could turn into a problem if the EE chooses to try and abuse the system and uses the Son excuse to cover a variety of non-FML issues. That only becomes a big problem if the EE is using this card to avoid att…