Scheduling Blog (page 5)

What information must be kept in past employee personnel files? For ex-employees can we merge I-9s and medical files?

As recordkeeping is concerned, past employees’ records must be treated the same as current employees’ records. Merging information into one file is not allowed. Under ADA regulations medical records must be kept in a separate confidential file. I-9 forms and…

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Can a company prohibit all terminated employees from being on company property, even as a patron?

This is legal and is a common practice among many employers. Hotels, restaurants and bars often prohibit ex-employees on the property for any reason. Much of today’s workplace violence is committed by ex-employees so taking steps to keep these people…

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What are the legal and ethical implications when an employee decides to take medical charts and faxed lab reports home to catch up on filing over the weekend?

Allowing this practice can expose your organization to a huge liability. Personal medical records could be seen by unauthorized persons while the records are in the possession of the employee away from the office. In the office environment confidentiality is…

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Does ADA have provisions for accommodation when employees need to care for a family member?

The Americans with Disabilities Act has portions that apply to employment. These require the employer to make reasonable accommodations for disabled workers. It does not require reasonable accommodation for employee family members. Some severe health conditions are covered under FMLA…

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We have an employee whose apparent memory loss issues are severely impacting her job performance. What would be a good approach for this problem?

This must be approached as a performance issue and not a medical or psychological problem. Your assumptions about the employee’s mental state or medical problems must not be part of the process. There are many causes for memory loss –…

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We have a field based sales person that is not working the agreed-upon number of hours although the sales numbers are adequate, but we decided to fire him due to his work ethic influence on other employees. He applied for short term disability, can we still terminate this person even though he has requested STD?

You can fire the person for not working the agreed-upon hours even if the sales numbers are adequate. You have a right to expect maximum effort and in this case a greater effort would likely produce even better sales numbers.…

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