LV
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Comments
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That's right. Review the Pregnancy discrimination Act.
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Restricting one's upward mobility without providing a legitamate business reason would most certainly open up a can of worms. The process would be very inconsistent and subjective and would open up your business for possible future litigation. I a…
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For you HR newbies, if you were to do an "investigation" to verify if a business is in business, I would recommend that you check with the Secretary of State of where the business is located. By using a businesses website to verify a businesses exi…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-05-04 AT 02:50PM (CST)[/font][br][br]Speak to the issues at hand. You're boring me. I thought this would be a good discussion on the issues not on one's age, education or experience. At least this …
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What's good for the goose is good for the gander! Again this has nothing to do with me only the facts and information presented. Thanks for the respect though.
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Finally. Very good approach! And very realistic.
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Typical response. Trying to discredit someone by making false inaccurate allegations. Sarcasm is great too. Intimidated? The certification that I spoke of is through an intense course put on by the National Guard not the EEOC. Didn't mean to sound …
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Thanks James, But I am not looking for acceptance only that HR rookies are not mislead with thinking that Don's approach was the way to handle a complaint. It's amazing that no one has been able to discredit the facts that I presented in my respon…
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If you want to compare resumes in this arena I will certainly step up to the plate. To so sadly disappoint you I have worked on more complaints than your 200 and in a shorter amount of time than you because by using context clues I can assume you ar…
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He was attacking the originator. Read post #1. If it was obvious, it wasn't caught. You may want to re-read what was written.
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I certainly agree that one does have to conduct an investigation, but one does not automatically attack the complainant. You may want to reread the post #1 of which Don sent. It has to do with approach and this is the wrong approach. Do you hones…
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Just in case non-HR people are viewing this. True HR professionals are supposed to be just that, PROFESSIONAL. Don's approach to your complaint is the wrong approach. I would most certainly hate to be an employee with an issue and have to discuss …
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I don't know what HR 101 you took but I would certainly forewarn future HR professionals to refrain from taking this class! As HR professionals we certainly don't attack a complainant when they complain. We look at the facts of the evidence compile…
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Whatever your right make sure it is extremely accurate and stick to the facts. You don't want to get hit with a defamation suit. Make sure your communication around the termination is limited to those who have a need to know basis such as the pers…
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Are you a public or private employer? Makes a difference. Either way I would check with your state law.
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The recruiting process is a little bit more complicated than what has been outlined for you. There are many issues to look out for during your recruitment process. As far as who does what in the process is usually determined by the head boss with …
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You have an obligation to investigate. If it is shown that a person complained either in confidence or not inconfidence and the employer did nothing about it then the employer is liable. It is called Vicarious Liability. I always preface my conve…
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Short and sweet. Discipline for poor performance. Document poor performance. Make sure the discipline is consistant and equitable as compared to other incidents of discipline. No EEO or ADA issues unless there are documented complications with he…
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As long as the employee consents to the fact their medical information is being sent to you as an employer you should be okay.
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Whatever test you use ensure that they are specific to the job in question and make sure your selection criteria is based on business necessity. Get famiiar with the Uniform Guidelines on Employee Selection.
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I agree with Don. I would look at the essential functions of his position and compare those to the convicton. For example, if someone were employed as a day care worker and was subsequently arrested on child pornography charges, termination of thi…
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The employee should be disciplined for either refusing to do his job (shoveling) or shouting and screaming at you. You take your pick. If they allow him to rescind his resignation they set a bad precedence.
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First of all I would not imply during the interview that the position will become a full time position in the future. It doesn't sound like you can make that kind of guarantee. If the pay is right and the benefits are right you will find the right …
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I agree with Don somewhat. Are you confusing FMLA and ADA? Is he on intermittent FMLA? If he is not performing the essential functions of the job then you need to focus on this aspect. Document poor performance and give him an opportunity to imp…
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What do your policies and labor agreement state regarding use of sick leave and arrest? Does an employee need to get approval prior to taking sick leave. Can it be retro'd? What was he in jail for? Does his arrest conflict with his job? (For exa…
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In short, once you figure out what this person is going to do (essential job functions) you may call a competitor or similiar organization to your organziation who may have a job description. Or you can create your own from that same job descriptio…
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Nevada-at will.
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This is not directed to you but some people in HR scare me. I believe that is why there are so many employment discrimination cases filed against companies. Bottom line, I would accomodate this person's request unless it would cause an undue hardsh…
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I disagree with all the respondents to your question. Obviously they have never been involved with discrimination issues. Collecting this type of data could be used to help strengthen your defense if you were ever sued under a disparate impact law…
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That's my exact point. You may have opened your company up to a violation of Title VII if someone were to file a complaint against your process. If someone were to question your process of only giving applications to those you deem appropriate for …