Mike Maslanka
Michael P. Maslanka believes that his role is twofold: to help clients manage the situation before the situation manages them and to make matters as simple and user-friendly as possible for them. He brings 28 years of experience to these dual goals, including being the lead trial attorney in claims under the Age Discrimination in Employment Act, Title VII, and Texas noncompete law. Chambers USA states that he is a "strong, insightful thinker" and takes a "holistic approach" to resolving his client's challenges.
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First,this is a 20 year employee---if you fire him you may be looking at a nasty worker comp retaliation suit...second,get some legal advice...third,stop talking about him faking his injuries---this type of testimony at a retal trial will hurt you--…
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sounds like it's ok...you might want to review the regs in the cfrs...also,when it comes time to revise policies,you might want to revise it with an example...good luck...mike maslanka,214-659-4668
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it's probably safer to not designate the entire period,as the supervisor wants,as fmla...i know it makes no sense,and hopefully the supreme court or congress will act to fix this issue,but until then i'd play it safe...regards from texas,mike maslan…
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Don't do it. While I recognize that morale can be a problem after a RIF, an employee of the month award is not the way to improve it. It will make matters worse,not better. After a RIF, many employees feel guilty that they survived and their fri…
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Is she still sick? If she is,then send her home.Check to see if she has run out of sick time,and whether she took fmla while out for the bronc condition before you do so.Mike
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hr we often counsel clients on this issue...a couple of thoughts---(1) do not undertake a duty to help her outside the work environment---do not do it...(2)be flexible if she needs time off and has none left in vacation or sick days...(3)ask yoursel…
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a good book to start with is say it right the first time by loretta malandrfo...very good advice on how to talk about the challange,not the person...it is very reader friendly aqnd is out in paperback...best,mike maslanka
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what types of issues are you concerned about?...mike
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there is a case that i think the south carolina editors wrote about---go to the search function in the iupper right hand corner of hrhero.com and if you are a member do a search...mike
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>Typos aside, it seems like all we ever get in Oregon is a presentation >by employment law paralegals-in-training from the >Close-Cover-Before-Striking Storm Door Company and School of Law and a >keynote address by Skippy the Wond…
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good one...hope to see some of you soon...mike
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Ha! just thinking of the heat makes me crazy...mike
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Clip art?...mike
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interesting...there is a case in arizona where a husband and wife had a site showing them in marital bliss, if you catch my drift...one of their employers found out and fired the employee when he( i think it was the husband) refused to take it down…
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This thread is useful not just for the answers but for the process by which the issues have been framed.Regards,Mike Maslanka
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james is right---that is federal law and texas law as well...mike maslanka
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use it and tell us how it turns out!!!
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steve is right...unless you have evidence that the employee's bad work resulted in damage to the company(like a guy driving a forklift through a door),then the employee is entitled to unemployment...good luck...regards from texas,mike maslanka
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[font size="1" color="#FF0000"]LAST EDITED ON 01-21-03 AT 04:42PM (CST)[/font][p]The real issue for this company is this:why did these employees do this? The issue of MLK day is,I suspect,a symptom of a much deeper problem at this company;it is an e…
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be careful...per diem and the flsa are dangerous ground...the 5th circuit recently ruled in a case on this---i will try to get you the name...mike
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I think it is unlaful under federal law to terminate an employee for any one garnishment.So by putting this in the file you allow the employee to later say that the person responsible for the firing knew of this status and relied upon it. Also,you m…
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interesting article in the harvard business review about 4 or 5 issues ago on how executive coaches often make matters worse,not better,especially those who gravitate into it from sports or the militray---both honorbale professions---but neither of …
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jessica,thanks...it's important to drill this into employees as a mantra so that they go on automatic and don't even think about what they are doing...I once walked in on a bank robbery.I was in my early 20s,and had worked all night at my job(hotel …
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they were captured and the driver charged with murder...sonny raises a good question...any hospitality industry people know whether this is common?...reagrds,mike
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However your deal works out,do not charactize the employee as "playing the system" except to your lawyer---that type of comment will result in a huge verdict,with the jury looking at the comment and not the merits...and get some legal advice---and I…
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Whatever you do,don't be a coward.(It's easy as I know all too well.)You and the manager either call the guy or have him come in and explain the issue honestly,offer to reimburse any out of pocket expenses incured due to the retraction,and the like.…
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First,I agree with Karla. Here is a basic rule of human natrue:we all---including me---think we are better people than we really are. So,the brass at your company no doubt think that a photo would not influence them.Wrong. The tendancy is to like pe…
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Don't do it. I have been involved in several cases where employees sued saying they deserved a percentage of the savings. A plaintiff's lawyer will find loopholes,or unclear language,or who knows what and you will regret the day you thought of it wh…
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Elizabeth(San Franciso)---thank your for your contribution...it's always easy to talk about the things we think we did right but not those where we wish we could have done better...but as hard as self-reflection is,it is the only way to get better..…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-26-02 AT 10:15PM (CST)[/font][p]Here is a regret from almost 10 years ago...we were picking a jury---actually we were representing plaintiffs in a discrimination case...the senior partner insisted tha…