stilldazed
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Is this a legal restructure or a buy out. I've had limited experience with something similar, but the circumstances involved a buy out. All employees of the former company were discharged and invited to apply for their (or other) jobs with the new…
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Check out Homeland Security's handbook for employers: [url]http://www.uscis.gov/files/nativedocuments/m-274.pdf[/url]. It's available for download (free document) and is helpful. best wishes.
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Research WARN (Worker Adjustment and Retraining Notification Act). Based on the number of folks you have who would be out of work, it may or may not apply. However, there are some associated checklists that may of use. best wishes.
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Agree with Nae. You are really referring to a noncompete agreement by policy. The more pervasive it is in its effect to limit a person's income, the more unreasonable it will be viewed and the less likely it will be found as enforceable. There …
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I'm guessing that your issue is whether you have an ADA duty or a niceness duty, right? As you are probably aware, ADA is a case-by-case analysis, and the worker would have to be rendered unable to accomplish a major life activity by the sensitivit…
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Oh yea, if you don't have a nonfraternization, ethics, or conflict of interest policy, including with contract labor, now might be a good time to think about one. Any or all could be valuable tools in the future.
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I think you do have a fairly easy solution. The "jerk who cheats on his wife" (not that I'm biased) should be reminded of two important features of his job--carrying out the garbage is probably not (I'm guessing) in his job description, and PDAs c…
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No experience here with the 'pay' part of the issue. We do have interns, including psychology interns, who come onboard for the practical part of their academic programs, and we don't offer anything more than the opportunity for experience. They a…
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You may have already done so, but offer to be present during the confrontation. Aside from that, be fair and consistent, but continue with the confrontations when they are warranted. In the end you will either have a valuable employee, or she will…
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I'd like to hear from other forumites, but my experience is that the legal issue is what you do with other applicants and the precedent you may be setting. Reference checking has some gray area to it with respect to just how much information you ca…
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By the way, the situation I referenced (about discharging the worker) was not a sponsorship. It was simply a situation of a work visa that had expired. My findings is that employers are not allowed to work employees who are not authorized to work,…
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I'm no expert either, but I would say that it may be legal from an immigration standpoint and illegal from an FLSA standpoint. If you are using volunteer work to offset a paid position, you are working an employee for free as far as FLSA is concern…
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We are private, non profit, in Florida, and keep personnel files 7 years past termination or 5 years past last legal activity, whichever is longer. Agree with others that there may be state- or industry-specific variables that should be considere…
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How many hours per week does the person work? If the LOA is continuous and the worker if FT, a week is a week is a week. If the LOA is intermittent or the worker is PT, you can count hour for hour as long as the count is consistent with other work…
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Turn to your state's labor law to determine if there is a state regulation addressing your question. FLSA at the federal level does not have a requirement, unless the employee is a minor. Another consideration would be whether your company has a c…
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I agree that termination is risky given other factors: voluntary attendance, not a work environment, missing purse, alcohol provided by employer, . . .. If no one is pressing charges, a more appropriate move might be to discretely counsel the work…
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We're all witches in disguise.
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Review the collective bargaining contract to determine just what options are available to your. Review company policy to determine just what options are available to you. Anything close to a medical stmt would be limited to a medical professional'…
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I think many of us do understand. Many of us have probably been there & done that. Your only option at this point is to work in a legally defensible manner for your organization. It is really too bad that the procrastinator has caused you exc…
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If your SPD says that you can roll their current year benefits elections to the next year, then you can. It would be prudent, however, to have something in place that will pass legal scrutiny as proof that they were notified, i.e., signed stmt, evi…
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As an employer representative, you can request that the creditor no longer call the employee at work, especially if your company has some sort of policy that restricts or prohibits private calls in the workplace. Your leverage is that you are payin…
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There are a couple of cases that have been based on gender stereotyping under the umbrella of harassment in the workplace and hostile work environments, I think brought under Title VII and dismissed as not being covered as sexual discrimination. I …
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The following may get you started. I made it for my use right at the threshholds changed for an in-house audit. We don't have every exemption on our payroll, and I only included the ones I knew I'd need. It was my first exemption audit, and I wa…
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You may find some helpful info at this dol.gov link. I haven't read through it, but there is some info on English only language requirements. If it doesn't work as a hyperlink, copy and paste it into the address line. The document is an EEOC hand…
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Do you allow folks to take the application away from the facility to complete it and bring it back? If you do, that might be one option for you--let the person take it (which could also be your effort to accomodate), rely on the person to find some…
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SW has been a model organization in business school management training several years ago. It's been a few years, but I remember doing multiple studies on the organization because of their success in keeping their employees happy, creating fun for …
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I have it for position descriptions, and it works fairly well--templates, allows minimum modifications, plugs in boiler plate info, runs through a quick and dirty exemption test. Given the low cost and that I don't have to work in it daily, it's wo…
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If you conduct the background verification process yourself with a business entity whose provision of the information is incidental to their primary business, FCRA will not apply. As an example, if you confirm data yourself directly with your state…
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I agree that I am confused, but I also don't think I see an issue of confidentiality in the workplace. Whatever C may have been doing must have been in plain view of whomever was in the parking lot. If C didn't want anyone to know about whatever t…
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You didn't specify, but is your paralegal position an exempt position or hourly? You can pay separate wages for the two positions, whether they are hourly or a mix of exempt/nonexempt. Or because there is such a difference in the work tasks for pa…