davids
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Don't confuse what he "should not" be doing with what he "cannot" do. His doctor may have certified him not able to drive because he takes medicine that makes him drowsy, or he suffers from seizures. Because the employee chooses to ignore his doctor…
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I don't believe the regulations say, in those words, that it is not the employee's option. The regulations say that the employer has the obligation to designate leave as qualifying. Our unions regularly try to negotiate language that provides employ…
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I am going to preface my response by saying that I am a "dog lover." I currently have two dogs. And, maybe I am old fashioned (a friend says that we have reached the "old geezer" stage of life); but I just don't think pets are appropriate in the wor…
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You need to check your state's wage and hour laws. In my state, it would be illegal to withhold the employee's wages. As your company's actions are a willful violation, under my state's laws, you would be liable for up to triple damages. If that doe…
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It appears that your question is: Is the verbal agreement binding? They can be; but it is a fact-specific inquiry. You really need to consult an attorney to review the specific details of your agreement and the context of how it came about. We alw…
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In my state, by statutue, if an employer requires a medical exam or certification, the employer must pay for it. So, you will want to check your state's laws regarding this issue. Absent a legal requirement, and unless you have a company policy that…
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I agree with the others that vertigo would qualify as a serious health condition under FMLA. I think it would also qualify as a disability under ADA unless the doctor is saying it is just a temporary condition. Vertigo can "substantially limit a maj…
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My kids used to tell people that I fire employees for a living. Actually, now that they are in their 20's, they still describe what I do as firing employees. Although, they are better able to put that one task in context of everything else that HR d…
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Your concern is valid, but you might be getting ahead of yourself. First, since he quit, you have no obligation to just give him a job. If you have an opening, he can apply. You would then consider him among all other applicants. What is not clear…
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I would convert employee to FMLA (assuming he is qualified) and require him to use his own leave if that is your organization's policy. He is still an employee and has rights under FMLA (again, assuming that he is eligible). If he is released to ret…
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[quote] [quote=JAthey;717569]David, Did you make a determination in that case? [/quote] We found her eligible for benefits. Many cultures make the celebration of one's life a festive occasion. Just because she went dancing does not mean she …
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I agree with Nae that you always need to conduct an investigation. Most situations like this will be fact-specific. Knowing what the doctor told her would be critical in this situation. Going to the Mardi Gras could have been "exactly what the docto…
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Well, two situations come to mind. One was an employee who complained that a coworker was using a voodoo doll to cause her pain and illness. The other was a supervisor who rented a house she owned to one of her employees. She also bought the emplo…
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We send thank you emails (we only accept electronic applications) that inform applicants of their status ("sorry, no longer being considered"; or "moved on to the next phase of the process"). I do think it is the polite thing to do and the cost is m…
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Although Nae's fist cite does not say "uninterupted", it does say the employee must be "completely relieved of duties" for 30 minutes and a shorter period may be allowed in special circumstances. I think taken as a whole, the meaning is "uninterrupt…
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As Paul has not responded, let me jump in as a fellow Oregonian. We always liked Pier 101. I haven't been there in awhile, so I can't vouch for it still being good; but it used to be the place we went to whenever we were in Lincoln City.
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Generally, you would not be liable if the employee was not acting within the scope of his/her employment. However, if you were sued, you never know how it will turn out.
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Our employees receive two and one-half times pay for working on a holiday. They are all subject to collective bargaining agreements.
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Instead of increasing her salary significantly, you might construct the agreement to include a smaller increase plus a hefty bonus at the completion of the project. However, include a provision that she forfeits the bonus if she leaves before the pr…
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You definitely can offer it to some and not others. Most shift differentials are paid to compensate employees for working undesireable shifts. Is working 6PM to 6AM more undesirable than working 2:30 pm to 11:00 pm? I think it is. If the janitor and…
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You will want to check your state's wage & hour laws, but under FLSA you would not have to offer the differential to exempt employees (although you could choose to do so). Some advice, however, you will want to think through different scenarios …
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I was off work (FMLA) for all of March and half of April; so I used up a substantial portion of my accrued leave. (I am playing the "have pity on me" card, so the judge will have sympathy on me.) So, I am only taking a few days off here and there fo…
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I think you have a couple of things going on here and need to treat them separately. If the supervisor says he did not hear the threat and the employee has no evidence that he, in fact, did hear it, then calling the supervisor a liar is a discipliab…
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I am thinking of going to glorious Cannon Beach. Do I win?
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When an employee is approaching the maximum accrual, Payroll notifies the employee that they are at risk of losing future accruals. If the employee requests time off but, due to workload, the department denies the request, we would allow the employe…
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I would start by conducting a compensation survey of the same type jobs in other public jurisdictions of similar size in your area. As I am assuming we are talking about library workers, you might look at citys, school districts and other entities t…
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I cross my arms often. It is just a comfortable position for me. Perhaps, it had meaning when I was younger and it just became habit over the years. I agree with KSR that it could also mean someone is cold. Although, I think there is some truth to r…
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It seems like I have spent my entire 20+ year career in HR dealing with managers who want to use the [U]classification[/U] system to address [U]compensation[/U] issues. The real answer is, to the best of your ability, have a compensation system that…
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I second Paul's response that in Oregon statute prohibits employer's from disadvantaging employees for engaging in legal, off-duty conduct. Our collective bargaining agreement prohibits our firefighters from using tobacco products; but other employe…
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But, I have to say the most perplexing activity I was ever charged with was being chief answer lady. You just wouldn't believe some of the things people ask about. Sharon[/quote] Here's probably the strangest thing I was asked: I reported to wo…