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  1. Replies
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    This has nothing to do with marital status or...

    This has nothing to do with marital status or family. It has to do with the size of the housing and its value. It is added to a W-2 for tax purposes. The IRS wants to know the value of the non-cash...
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    How long is the employee asking to take off? Can...

    How long is the employee asking to take off? Can it be approved as vacation time or a leave? The law is the minimum permitted, a company can allow more than what the law requires.
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    I am another who has seen both sides of bullying....

    I am another who has seen both sides of bullying. Bullying is the latest fad term that people throw around without understanding the legal issues behind it.


    Laws against bullying would end up...
  4. I have experience with mechanics pay but not in...

    I have experience with mechanics pay but not in CA.

    I believe hr for me left out that the calculation would not be based on job. In most states it would be based on the work week. I know CA has...
  5. Replies
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    The key to changing any part of payroll is to...

    The key to changing any part of payroll is to inform the employees well in advance so they can plan. Also being able to explain it simply will be important.
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    This is an interesting decision. I think the...

    This is an interesting decision. I think the company was just trying to cover itself with its argument. What would have happened if she had been legal? The original FML offense would still have...
  7. Raster, no "buts" her plan document rules.

    Raster, no "buts" her plan document rules.
  8. Contractors don't necessarily make their own...

    Contractors don't necessarily make their own hours. If my business is open only set hours, then a contractor can't feel free to come in when I am closed. Likewise if the contractor is there to...
  9. The company doesn't deny or approve unemployment....

    The company doesn't deny or approve unemployment. It is up to the state. Being told you may be terminated might have been viewed as giving you feedback, not harassment.
  10. Other than a labor law violation, nothing you...

    Other than a labor law violation, nothing you mention is illegal. The CEO was hired to run the company as he thought best. Your position as HR is not to override him.

    I have a good relationship...
  11. Were you actually told it was a 40 hour week or...

    Were you actually told it was a 40 hour week or did you assume it because you were hired as exempt?

    I ask because I know of no established retailer who would make that sort of statement. I worked...
  12. At my last job we had an employee go to work for...

    At my last job we had an employee go to work for a competitor on his days off. He wanted to make sure he liked it before he quit. Someone saw him there and told us. We fired him, not because what he...
  13. My company uses hand scan timeclocks and all...

    My company uses hand scan timeclocks and all employees are require to punch. I get a lot of blow back from new exempt employees but this type of case is one of the reasons we require it.

    When we...
  14. If the company is outsourcing your department or...

    If the company is outsourcing your department or position; that makes any possible claim difficult. You would need to show the only reason for the outsourcing is your disability.
  15. Even though the period doesn't close until next...

    Even though the period doesn't close until next week; they could have received several more qualified applicants in the time period thus far.
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    Nice to see some common sense.

    Nice to see some common sense.
  17. Did your wife get a copy of the altered review?...

    Did your wife get a copy of the altered review? It sounds like she did. Is there a process for her to put her own comments on the review? That might be the best option.

    Has your wife seen a doctor...
  18. How is running a red light not foreseeable and...

    How is running a red light not foreseeable and not deliberate? I agree with the others that the action by your employer was legal but even under your theory you would be disqualified.
  19. Fired usually does have a bad connotation. It is...

    Fired usually does have a bad connotation. It is terminated that could be either voluntary or involuntary.
  20. Replies
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    I have represented my company in EEOC hearings....

    I have represented my company in EEOC hearings. If you try to go that route you will have to answer questions such as

    1) Why do you think the decision was based on race?
    2) What incidents...
  21. Your vacation pay would be an unsecured debt. I...

    Your vacation pay would be an unsecured debt. I would file with the bankruptcy court after it is confirmed you won't be paid. Up until it actually happens, you can't be sure you won't be paid.
    ...
  22. That is standard policy for credit cards. You...

    That is standard policy for credit cards. You can't dispute an item that has not been charged yet. The dispute is a formal process and all steps must be followed. Visa may conditionally remove the...
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    Raster, there is no definite conditions for...

    Raster, there is no definite conditions for worker's comp. It is a possibility that the claim would be approved but it depends on several issues. If she has a hobby which could case these injuries...
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    Does her doctor feel like the injury was caused...

    Does her doctor feel like the injury was caused by her work? If so, then she needs to file a report with her boss and get the w/c process started. There is no state mandated short or long term...
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    If uniforms are not returned to us, I cut their...

    If uniforms are not returned to us, I cut their final check as a live check. The employee is then told he can pick up his check at the site and drop off the uniforms at the same time.

    We also...
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