davids

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davids
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  • At a prior employer, by union contract, we posted seniority lists on a bulletin board for everyone to see. It became a problem when layoffs were announced. Everyone congregated around the bulletin board checking their seniority (and stressing out if…
  • Agree with Nae. One additional thing to look at is the protected class statuses of the two groups. Are the eligible employees predominantly one gender, ethnicity, age, etc. while the ineligible group is predominantly a different gender, ethnicity, a…
  • In my state employers cannot prohibit employees from engaging in legal activity off the job. So, we could not have a blanket policy against hiring smokers. However, we have a provision in the collective bargaining agreement with our firefighters uni…
  • I suggest you look at the enrollment form that the employee originally completed. Did it state enrollment in the FSA was for a limited period of time or was it authorizing deferrals until the employee affirmatively opted out?
  • We have sent police and fire employees for psychological fitness for duty evaluations when they have exhibited behavior which provides us reason to do so. Although you didn't provide specifics, a "meltdown" is probably sufficient cause (especially i…
  • You need to check your state's wage and hour laws. In my state working through breaks and meal periods is not allowed even if is at the employee's initiation.
  • Where will this end? Research shows tall people have an advantage in earnings over short people. Do we make being short a protected class? Smart people have an advantage in employment over dumb (ok, intellectually challenged) people. Do we make bein…
  • I'll bite...Who's there?
  • Our policy requires an employee on FMLA to obtain written approval from the HR Director to work for another employer or to be self-employed. This allows us the opportunity to make an assessment as to whether the employee can perform his/her job with…
  • Absent a court order, or the direction of the employee, I would not direct a portion of the employee's wages to anyone but the employee. I am pretty sure we would be in violation of my state's wage payment statutes if we did. You might ask the emplo…
  • Giving an exempt employee an occasional day off is, in my opinion, very appropriate. It won't affect FLSA status. You would run into trouble if you were providing time off on an hour-for-hour basis to compensate for extra time worked (i.e., the empl…
  • I would never "assume" that a condition/injury is ADA. I just recognize the possibility. I think you require medical documentation, see what the prognosis is and then make decisions. It is possible that what was a simple cut, developed complications…
  • I think we could discipline the employee for refusing to sign the document as long as there was a statement noting that the employee's signature did not mean s/he agreed with the contents of the document. The signature only notes that s/he has been …
  • We are a public employer and have a policy regarding secondary employment. We do not prohibit it; but it must be approved by the department director as not being in conflict with our employment. Many of our employees (police, firefighters, etc.) wor…
  • I generally agree with FunHRBanker - the employer has the responsibility to invoke FMLA; the employee does not get to elect it. However, the one "bump in the road" that I see is that, it appears, that this has been going on for over one year and the…
  • During my career, I have dealt with several instances of employees "hating" each other. My favorite will go down in my memoirs as "The Great Donut Throwing Incident." The two employees worked in the same department, but on different floors. Employee…
  • Good "employee relations practice" would be to try and find a middle ground which meets both the company's needs and the employee's needs. I would sit down with the employee and explain what the issues are - why is it a bad time for him to be taking…
  • How's that working out for you?
  • We considered tracking building inspectors with a GPS function on their cell phones. There were many good business reasons for this. However, we never implemented it because of problems with the particular program we were using. When we were in the …
  • Our policy provides that the Officer must live within 5 miles of the City to be assigned a take home vehicle. I don't think it has been expensive for us because very few officers are assigned take home vehicles.
  • We have essentially accomplished what you are trying to do by paying COBRA for the ex-employee. We couldn't keep them on the insurance plan if they were no longer an employee, but nothing prevented us from paying their COBRA payments for the agreed …
  • ..dehumanized Or, how about just plain dissed.
  • If an employee reports to work and is subsequently sent home, the employee is paid for his/her entire shift. If we close and announce (through local news media) that employees should not report, they have to charge the leave to their leave banks. If…
  • As Nae advised, ensure you have gone through the interactive process and adherred to ADA. Also, I am assuming that you are a public employer. So, even though the employee is requesting termination, I would go through all of the due process requireme…
  • There is no legal requirement to interview every applicant. You should develop job-related screening criteria to justify/document why you screened an applicant in or out of the interview pool.
  • I agree with others that it will depend on your state's regulations. I have had similar claims from employees tripping in the parking lot coming or going from work. The claims have always been accepted.
  • I am not sure how things work on the technical side, but it is possible to have a business page and a personal page. I work for a city. We have a city page, a Parks & Recreation page, and a Human Resources page. The employee who serves as the ad…
  • I would proceed cautiously. First, I assume you have information on his status from your workers' compensation carrier. Are they telling you that he has been released to return to work? Second, I also assume that the employee is eligible for FMLA. W…
  • Departmental "timekeepers" enter the information electronically after the supervisor has approved the time sheet. The hard copy then goes to Payroll so they can audit if something looks "whacky." HR only gets involved if there are issues that cannot…
  • If the employee is not eligible for FMLA based on lack of hours, and assuming you don't have a state version of FMLA for which he is qualified, you just need to consider ADA. As cancer is a disability, I would engage him in the interactive process o…