stilldazed
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How long has she been with your company? If a new hire, I would definitely address potential misrepresentation if you have sufficient evidence to prove that physical requirements for her job were presented to her at hire and she said (or passed a p…
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If it were FMLA and you didn't have confidence in the RTW stmt, you would have the option to pay for a 2nd opinion. I really think the issue has to do with why you are questioning the RTW stmt. Is there a specific reason you don't trust the stmt?
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My first 'gut' response would be no, but if you can, I think it will depend on some circumstances: 1. is this FMLA or just RTW (fitness for duty) 2. how do you know the GP is not the treating Dr 3. do you have reason to doubt (observable) I know …
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Employees are free to plan social or holiday events on their own (unless you have a nonfraternization policy that prohibits such), and invite some and not others. The fact that your company email was used to send the message has limited bearing on…
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Do you ordinarily (or have you) confirmed the SS# with SSA? If so, what was their response. If you have inconsistent records that must be confirmed, it is reasonable to ask the worker to help. You may have a case of stolen identity, and your work…
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If there is a question about whether the time is actually worked, your focus should be a management issue, which supports incorporating discipline for discrepant or inconsistent punching. You can also try adding in some sort of spot inspection to e…
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I can't help you with the policy, but I would encourage a different focus in the policy you propose. Instead of saying that the latter punch time will have to stand, it might be better for your company if the policy asserts some form of discipline …
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Check your SPD as well and see if it permits you any lattitude in new enrollments.
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Unemployment is generously applied in favor of employees, at least it is in Florida. It is frustrating in that unemployment seems to be a version of social support that goes way beyond its original intent. You may find that you pay no less unemplo…
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Not sure about specific in your state's unemployment law, but if you haven't tried appealing some decisions, consider doing so. Also, when you have the opportunity to submit your response to the claim, submit copies of relevant policies at your com…
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In whatever mechanism you choose, there should be key indicators of performance that can be quantifiable. Monthly is a fairly good timeline in that accounting (thus performance) records can be reviewed monthly. I think your idea of a review-type…
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Agree with LindaS. I might appeal and would not pursue FMLA with this person.
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Potty protection, maybe???--though I'm sure it must already be buried in the employer ESP requirement in some existing legislation somewhere. ;-) The personal side agrees with the compassionate intent behind DV protection, but from an administrato…
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I agree with prior posters. There is a difference. In practical application in our organization, supervisors generally help pull a shift, provide services (we're a service org), etc, the same as subordinate workers, but they also responsible for…
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Check the food code and any state regulation for your state. Hep A is on the Big 4 list in the food code, not Heb B. Here's the Big 4 list and a link: 2-201.11(A) (1) Salmonella Typhi, (2) Shigella spp., (3) Shiga toxin-producing Escherich…
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Two questions asked by EEOC to determine who has to complete an EEO-1 report: 1. All employers with 100 or more employees, or 2. All federal government contractors and first-tier subcontractors with 50 or more employees AND a contract amounting…
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We are nonunion. Our process is called complaint resolution and defers the situation basically via open door policy to direct supervisor, next supervisor, and HR (me). While the worker is encouraged to attempt the resolve complaints as quickly as …
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I agree with some of the prior posts. Look closely at your company's policy on fraternization. If you don't have one, now might be a good time to get one. Sexual discrimination is basically in the eye of the beholder. If anyone has specifically…
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You should proceed very carefully, but proceed. Has anyone actually complained? If so, what is the basis for the complaint?
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I am the primary investigator in our organization, and my focus has always been more on promptness of response vs. timing toward the end of a workday for the sake of the accused. I would, therefore, not wait until the last hour of the day. I would…
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Ditto again. Our organization has multiple locations (though in a very small radius). We are technically a single-site employer, but we have multiple LLCs and employee lease agreements between the LLCs. We happen to have all files in a single lo…
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Agree with LarryC and Pork. Your company's fear of discrimination allegations is no excuse for not disciplining. I would raise two issues I noticed in your posting: 1. You mentioned having evidence of harassment. If you have evidence and it sat…
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Agree with SMace: do a drug test. Whether the person is or is not a current user is an ADA issue. My advice would be to be willing to discuss (on a limited basis) the potential need to consider accomodation if the candidate requests you to do so …
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I want to know how to get 'your' issue. Mine is just the general, run-of-the-mill appearance issues--ear spacers, dark fingernail polish, hair stiffeners--an that's just the guys. It's NOT a gender issue! It's been a rough day already and it's no…
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We do not, and I would be reluctant to begin the practice. Adding the statement to the application, but relying on information that may or may not be reliable is a different story. I'm not sure I would be willing to deal with the fallout that taki…
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Nothing wrong with doing that as long as the questionnaires are kept separate from personnel files and the information obtained via the questionnaire is not used in the hiring process. One step further would be to include the questionnaire as par…
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Yes, they can be used, but their usefulness is limited. What do you have in mind?
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Separate what you know from what you think and take care to keep from making too many assumptions. My perspective and steps might be slightly different and have worked for my instances with similar circumstances. Instead of presuming reasonable su…
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I agree that you are probably in a borderline situation, but I think I also agree with your hunch that the borderline situation may be moving closer or over the borderline. I would consider the following if it were my company: 1. You have reasona…
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Agree. You should leave that topic alone. The worker may interpret your good intent as some sort of warning and make a formal allegation. You'll be asked to confirm, yada yada yada, . . ., somewhere down the line you and your company will have in…