dolores
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Glad to see your situation worked itself out. I used to represent a law enforcement agency and one of the officers was involved in a bitter custody battle. Because the administration recognized at that time that domestic situations tend to result …
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Me too! Me too! [email]dolores.martin@cityofcharleston.org[/email]
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Remember, the phrase "Kill all the lawyers" was a prelude to anarchy! Unfortunately, many employers neglect to contact their lawyers prior to making termination decisions that result in the situation with which the HR Director is faced. Then the l…
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No good solution to this problem. As someone who suffered frequently in the past from headaches that made me throw up, the last thing I want to do when I have a headache is visit a doctor and have to suffer through the wait. Several months ago, wh…
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One reason an employee who suffers from migraines might miss a lot of Mondays is because the body realizes on weekends that it doesn't have to go to work, hence, the stress that it was storing up all week is unconciously released bringing on headach…
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My municipality includes the following positions as "safety sensitive": Employees who - a. Discharge duties fraught with risks of injuryto themselves or others or eimiployees whose job responsibilities involve public safetyor the safety of other…
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My advice is like telling someone to "shut the barn door after the horse has escaped" but here goes: Your statement, "Hopefully, something will come up in the near future to allow a termination" could come back to haunt you in the future if you ter…
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Echo your advice. The greatest lesson I learned in law school dealt with a case (don't remember the name) where Justice Learned Hand, I believe, opined that people are much more inclined to obey rules and regulations if they understand the reasonin…
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I practice administrative law where I represent the employer -- so I operate as a defense lawyer. I've also won a significant majority of the employee grievances wherein I represented a large law enforcement agency. Part of my success in this is I…
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I'm fine with the employer recording meetings with employees (pursuant to individal state law) based on the example you cited. Then if the employee objects, he/she faces the question of "What didn't you want the public to hear?" The only time it w…
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As a lawyer I tend to focus not only on whether or not local, state, or federal law prohibits certain practices, but also on the practical aspects of them -- in other words, "Will it play in Peoria". If the meeting results in disciplinary action or…
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If your state code or case law on expungements allows, you may be able to legally state "no" when asked about such convictions. Some states treat expungements as if they never happened, thus allowing the person convicted to deny their existence if …
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I agree with Hatchetman. When you start issuing memos dealing with prohibitions against "beliefs" where will it end? How about beliefs on AIDS, euthanasia, abortion, etc.? I myself think that when you start trying to limit the discussions of your…
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Yep -- a funeral parade like they have at the Mardi Gras except it's held at the Charleston Sternwheel Regatta in Charleston, West Virginia. Actually, I've worked for two different law firms, a state agency, and a city, and the city is the only emp…
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For some or maybe no reason I don't have any of my degrees on my wall. I've been a lawyer for ten years, and I know this goes against the norm. Don't know why, but I've just never taken the time to get them framed. I have other stuff on my walls,…
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Clearly your HR department needs to have a conversation with the director. I have no knowledge of whether or not your failure to object constitutes "implied consent" (my gut feeling is "no"), however, your company should definitely be concerned tha…
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Is there a reason why you would not just get your prospective employee to sign a release and have your state police, or law enforcement agency which is the central depository for criminal records, do the check? Check their charges for each check, a…