sandra_d
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If these people dictate basically everything about their work (when they come in, how they fix it, using their own tools, and receive basically no direction, training, guidance, or evaluation of their performance by your organization) considering th…
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I don't know that I've necessarily read it anywhere, but rather that's a piece of advice I've been given from employment law attorneys, in HR related newsletter articles, etc. Basically, employees may choose from ANY of the documents listed on the …
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May I have a copy too? Thanks for your generousity!! [email]trinityhumres@frontiernet.net[/email]
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Are you willing to give him any additional time at all? Perhaps you could explain that it has been a hardship for your organization already since he's been gone 5 months, but that you want him to have some time to be with family and catch up on lif…
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I too work in an environment (a nursing home) where staff must be on duty and cannot go home if nobody else is there. However, it still seems appropriate to recognize that at times an employee will have valid reasons that they cannot stay. Would y…
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I might be blasted for this, but here goes... I think it is often ok to ask/encourage/plead and at times even require an employee to stay later than their shift in order to cover an open shift. With that said, I also think it is imperative to know…
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I agree with Parabeagle and really, what difference would it make if there were negative comments about the company in the person's personnel file? They are going to be spoken to the attorney and made a part of the record anyway! I say it's better…
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Don't forget that you will probably continue to be responsible for his lost wages until he gets another job, as he remains on work restrictions. (Your work comp carrier will actually pay the bill, but comes back to you in higher experience/mod fact…
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Since the election period for COBRA would have long-ago passed, it is possible that the insurance carrier would deny COBRA enrollment (especially if there has been a lot of insurance claims during that time period). I've seen this happen when it wa…
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Generally, employers are able to establish the work hours and responsibilities of their employees. You didn't say why she is informing your organization of her scheduling issues, but the only thing that comes to my mind which would allow her furthe…
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Attorneys will frequently (maybe always) advise you to take the most conservative route possible and have every possible detail and every possible scenario accounted for and addressed in your documentation. In the real world, I find that this is ra…
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According to a publication put out by our attorney (I'm in MN too), guns ARE allowed in the parking lot - that cannot be prohibited. Private employers can prohibit guns from being brought into the building, or to be on the person when they are work…
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Regarding benefits, perhaps cutting a day or two or three from your vacation/PTO accruals (if they are at all generous) could help save some money. If you do have to reduce staff hours, ask if anyone wants to voluntarily reduce by 5 or 10 (or wha…
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I am not certain that I fully understand your question, but it certainly seems to me that a policy such as this should be put in writing. To the best of my knowledge, employers of non-union employees are able to pay the employees any rate they choo…
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If they want him to collect unemployment, simply terminate and don't fight the unemployment request. Don't call it a layoff when it isn't one -- BIG TROUBLE there which will equal BIG DOLLARS!!
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Regardless of who this supervisor who reported this to you does or does not supervise, supervisors and managers are considered "the employer" in virtually every aspect of employment. If a supervisor knows, even if it isn't "the" supervisor, the com…
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Where you may have the problem is the supervisor who reported it to you ... as a supervisor of the company, he is responsible for addressing or attending to inappropriate activities - unless he never knew it was happening either, he (and therefore t…
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Yes - truly exempt employees cannot have their pay docked except under certain FMLA situations where leave has been exhausted. I suppose you could charge them vacation/PTO for hours not worked - but would you want to do that? Hourly/nonexempt empl…
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I had an auditor tell me that, for tax reasons, an employer's policy should either flat-out prohibit the conducting of personal business and email on the employer's computers and internet systems, or the subject shouldn't be addressed at all if you …
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I am no attorney, but I too would guess, like you do, that the labor agreement supercedes the employee handbook.
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Have that be part of their performance evaluation - and since their performance would not be where you expect it to be, perhaps they don't get their full raise (or maybe no raise). Also, does the "paperwork" that you reference including W-2s? Ar…
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Don: I appreciate what you are saying, and perhaps I am misunderstanding LindaD's post - but I am interpreting her post to be questioning what this company is requiring of someone she knows. It doesn't sound like this is her company or her respons…
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I agree that the person in question should seek legal advice from an expert in immigration. You don't say whay country he is from, or where you are at, but many large cities have immigrant resource centers which may offer low cost or free legal ass…
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I agree with Balloonman! There is no reason not to pay him for the first scenario ... perhaps you need to re-write your policy to have the on-call person phone the shop before coming in to see whether someone else has taken care of it?
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I believe that there are several formulas that can be used - the important thing is choosing one and sticking with it for year to year comparisons. The formula we use is the annual # of terms divided by the # of ees at the start of the period. We …
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I believe it goes back to what your policy states. Our PTO accrual policy is just like yours, including pro-rated for people who work less than full-time. Our policy (which was blessed by an employment law attorney) read that since PTO is accrued …
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Yes, as unfair as it may be, I believe the law is very clear that while unapproved, the overtime must be paid. It most certainly does become a performance management/disciplinary issue - and you may discipline in any manner you choose to that doesn…
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I was in a situation where I felt I was being disregarded time and time again when it came to issues that were critical to the operation of my department, or that my department would be impacted in a big way. As the HR Director, I was very concerne…
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From experience, I completely agree with both Don & Gillian!
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I don't know if you are concerned at all about this employee's lost time wages, nor do I know what the laws in your state are, but in MN we'd be paying him (via work comp lost wages) until he starts work somewhere else and earns at least as much as …