stilldazed
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Comments
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We have the two functions separated in my company in sister departments that both report to the same VP. I actually prefer the separation as an integrity check. My HR staff establish HR records and time records as an initial function. Payroll sta…
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I agree with njjel. The worker may actually have a hearing problem, but whether he does or not is the problem you have. Your issue is his disruptiveness to other workers, and your responsibility is to moderate the disruptiveness. It may seem firm…
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I think what you are asking is really a judgment call. In Florida it would be. And I think your first reponder was accurate in questioning your motivation. My question might be more frank: Are you making the change to make your job easier for yo…
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Agree with both of the prior responders. You have a 'he said/she said' situation. Investigate it and document your investigation file. I do not issue discipline in cases like that in that discipline should be based on sound findings (or at least …
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We're in Florida and accept credit/debit cards retail locations within our organization, and we have no such requirement. The only thing I can think that may be remotely relevant is payroll deductions for employees who handle cash (i.e., deductions…
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I agree with Paul . . .. You already have age discrimination going on. You are treating her differently because of her age. And whether you actually have a separate 'written discipline policy' in place for you, you also have one in place by pract…
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Sounds like you are asking a couple of questions. I'll respond as an HR director in the context of my role within the organization. First, check your company's policy on releasing personal information--which should include all forms of personal …
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Agree that the situations sounds risky because of the order of the sequence of events you have presented. To clarify, you don't have a duty to accomodate under ADA. You have a duty to 'consider' 'reasonable' accomodation and decide. I would s…
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Like my forum name, the bumper sticker is laden with truth--at least for me anyway!
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There is no FMLA job/benefits protection, so the immediate inclination is to term--which is also legal and correct. The caveat--look at your company's policy, precedent in similar circumstances, and whatever may have been documented at Bob's time o…
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Agree with E Wart. I would ask for clarification on your question. It is true that the DOI is 10/05, but the worker did not miss days until 2/06. OSHA asks for modified duty days, which would date DOI thru last day before missed days. Lost time …
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Unless there is something in your state's statutes that prohibits, you are allowed to ask the question. What you do with the information may be a different story. To protect your company, stick to 'conviction' not 'arrest.' Then, be consistent wi…
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We have used OC Tanner and discontinued our relationship with them about 2 years ago--not because of anything they necessarily did 'wrong.' The departure had more to do with insufficient employee demand--we were and still do offer EE savings bonds-…
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I would suggest a couple of things for you to think about: 1. Check your state's statutes about final payroll checks and ensure that your practice falls within any mandatory guideliness. 2. Review your policy(ies) on final payroll checks and payr…
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I agree with other posters and would not recommend a demotion or be prepared to pay much more than an alternative recommendation might cost. If there absolutely has to be a change, orchestrate some sort of reorganization. Make it meaningful to thi…
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Count your blessings. Every now and then, something comes up in HR that is easy. We have changed our app twice in 4 yrs, and simply began to use the new one when the last old one was used up. As other old ones surfaced that were squirreled away,…
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Check your policy and confirm whether you have a rider to include volunteers and your state w/c regs. We have quite a few volunteers and, while we don't exactly advertise the fact, we have limited coverage available in case volunteers are injured…
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Can't speak for your state. I'm in Florida, and W/C is driven by state law. I had a similar experience with stepping into a poorly run HR function with more than enough "opportunity" for me to shine. You probably know this already, but if you han…
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Can't speak for your state, but Florida allows employers to give individuals who are drug tested an opportunity to disclose "relevent information" at the time the sample is collected. The Florida Drug Free Workplace Act (a general guide for many Fl…
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Our practice is similar to that of Parabeagle--voluntarily respond to state/federal agency documents, require a subpoena from attornes (especially if they represent the "other" side), and require written employee authorization from all others. We …
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There are definitely HIPAA concerns. Hopefully your boss is not interested in releasing actual medical facts, such as diagnosis, type of surgery, etc. As long as the info releases are restricted to general get well wishes, there should be no HIPAA…
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I just back and re-read your question. Without knowing all relevant details, I think most forumites support that it is not proper to deny coverage. Whether it's legal or not is another question, and looks like the legal opinion must still be in th…
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Is one a HDHP by any chance?
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Only at my company!
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I'd be curious to know if anyone responds. I don't think I would--trustingly send my name, home address, phone number, and a summary of my work history to a blinded destination that I would not be able to link to an employer. I don't think so. On…
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Has anyone ever asked him why he takes the position you say he takes? There may be a valid reason, hurtful as it may be to the management team.
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You've had lots of interesting responses to your question. Without a signed authorization, we give nothing more than dates of employment and job title at termination. If the question about rehirability is asked, we will answer it with a simple r…
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That sounds very similar to Florida's pretrial diversionary program or pretrial intervention. My personal opinion is that it can probably be a helpful tool. Unfortunately, it's looked upon in our background screening requirement as an admission of…
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There is an expungement process that I think costs $300 to $500 range. Maybe that's what you did. You're a nice dad. Mistakes of youth that involve the law can last for a long time. In the type of background check we do, I think your son's event…
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It depends on the method you use for getting the information. If you outsource to a research service or if the nature of your employer's business does not legally require criminal background verifications, you will probably never see it. If you ar…