Gar
About
- Username
- Gar
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
[font size="1" color="#FF0000"]LAST EDITED ON 01-17-02 AT 04:50PM (CST)[/font][p]Susan, Let's say I have an exempt emloyee whom, after an investigation, was found to have sexually harassed another employee. The conduct wasn't severe enough to warr…
-
It seems to me that you don't have a job reclassification problem, but an attendance problem which should be dealt with as such. To reclassify this employee will undoubtably result in a change in her job functions. Can her boss live with that?
-
We're a local government and we have a written policy that specifically states that probationary employees (6 to 9 months on the payroll) can be dismissed or demoted for any reason except an unlawful one (race, gender, age, etc.). We routinely do s…
-
Follow-up. You may want to require employees to sign a release in order to receive the severance payment. The document would contain language releasing the employer from all legal claims that may arise as a result of their employment.
-
I suggest one weeks pay for each year of seniority. Be sure to check with your labor/employment attorney since you indicate giving the severance payment to your most senior employees only.
-
Makes all the sense in the world to me. Why should the employee pay?
-
Again, there is no law that says you have to keep someone on your payroll who doesn't show up for work! If her problem is stress, her reasonable accommodation would be to take her medication and/or periodically see her healthcare provider. If she no…
-
In my previous HR life for a large telecommunications firm, our benefit package provided that after an employee was absent for a year with a certifiable illness, his/her employment is automatically terminated and they applied for Long Term Disabilit…
-
It seems to me that if you consider volunteers part of your employee staff, then they're covered by the ADA. Why you would want to, given the possible legal reprecussions, is beyond me. I believe aging is covered by the ADA only to the extent tha…
-
It seems to me that you should voluntarily make the accommodation because, simply stated, it's good business. If I were disabled and had a choice between a business with easy access versus a business that is difficult to access, guess which one I w…
-
The only ADA issue that I can see is reasonable accommodation. Assuming she is recovering from some form of cancer, reasonable accommodations would be to give her time off for the radiation therapy and its side effects and/or allow her to perform o…
-
[font size="1" color="#FF0000"]LAST EDITED ON 08-17-01 AT 08:42AM (CST)[/font][p]Essentially, an individual who no longer illegally uses drugs and who has either been rehabilitated successfully or is in the process of completing a rehab program is c…
-
First, what have you done in the past in similar situations? Second, look at all your options. Are you willing to give the employee the additional 6 months in view of her length of service with your firm? Do you have Long Term Disability (LTD) that…
-
It seems to me you should follow your policy and give her the time off as you would your other employees. If you require your other employees to provide medical certification, you should require the same of this employee. If you don't, forget about…
-
Is the surgery (FMLA leave) related to the Workers' Comp injury?
-
Hopefully, the employee's performance has been thoroughly documented. Although the interviewing supervisor's "bad back" comment is less than desireable, I don't see a problem with termination if the documentation is in order.
-
It seems to me the first step is for the employee to provide a doctor's note from her healthcare provider. After all, this employee has been with you only a few months and is an unkown quantity. Just because she says she has psychological problems a…
-
I'd like to know what the employee's occupation is and how long he/she has been on the payroll.
-
Mike, My gut feeling tells me the Supremes will say "no" to an employee's right to an accommodation that violates a seniority system. Your thoughts, please.
-
I'd want to know if she is taking medication for the depression. If so, she should be functioning normally unless her medication needs adjustment or changing. I'd send her back to her doctor for another medical evaluation since the most recent eva…
-
It seems to me that if the employee hasn't asked for an accommodation and she's able to perform the job's essential functions, you should leave well enough alone. Further, as Theresa suggests, if the "everybody" you refer to includes your managemen…
-
Fisrt of all, the ADA does not require an employer to create a position for a person (applicant or employee) with a disability that cannot be accommodated. Secondly, it seems to me that if you've made good faith attempts and cannot accommodate the …
-
It has been my experience that most ADA accommodations are relatively inexpensive and require some simple creativity/imagination. We had a situation in which an employee in the mail room could not perform the "lift 50 pounds" job requirement due to …
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-26-02 AT 01:22PM (CST)[/font][p]I stronlgy suggest that you consult with legal counsel. It's risky, but I believe I would still go forward with the termination. I've been through these "one step ahe…
-
If you have a company physician, give the info to him/her and get a professional opinion as to whether the employee is disabled. Better yet, get the employee's permission and have your doctor talk to her doctor.
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-27-02 AT 06:39PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 02-27-02 AT 06:29 PM (CST)[/font] Essentially, our ADA checklist is a form that lists various activities (stooping, kneel…
-
[font size="1" color="#FF0000"]LAST EDITED ON 02-26-02 AT 01:18PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 02-26-02 AT 08:57 AM (CST)[/font] It seems the $64K question is: When did you last get a medical certification from her …
-
Perhaps I've missed something. Assuming the medical condition isn't apparent and the employee will not provide or allow you to seek medical information to establish that he has a disability, how can you afford him an accommodation?
-
It seems to me that if the employee isn't cooperating, by not providing medical certification, and he refuses to communicate with you, he's AWOL and employment termination should be considered (job abandonment).
-
Th clock doesn't start until the employee is actually on leave. Also, regarding the 15 days, you can deny the leave until you receive the certification - assuming the condition isn't obvious (pregnancy, knowledge the employee was in an accident and…