Tennessee Personnel Management meeting, 7-24-09 (Educational portion)
Presentation by Tim Bland of Ford and Harrison
-Remember most jury members will be "anti-employer" and pro-employee.
-The "by God, it ain't right rule" will normally prevail, regardless of the law.
CORRECT PROCEDURE (What the Jury expects)
1. Employer tell employee what doing wrong
2. Provide details as to improvement needed
3. Time to improve
MUST give negative feedback when warranted. Fair to both if you give negative feedback early and provide chance to improve
TIMING is important. Some bad times to take negative action is:
-Workers Comp claim (right after claim etc.)
-FLMA (right after request)
-Whistle Blower
COBRA:
-Policy may have to note how many specific hours are required to work each week (Contract with the insurance company is the key)
-If not careful, the EMPLOYER may become the insurer if "Cobra" notice is not provided for employees who fall below the # of hours etc. requirement.
(Note: I checked and this doesn't apply in our case).
AMERICAN WITH DISABILITIES ACT
-No length of service requirement
Definition:
-Physical or mental impairment -substantial limits one or more life activities
-Record of such an impairment
-Being regarded as having an impairment
Have to consider the effect of medicine.
The new ADA law amendments significantly expanded the "Major Life Activity". May be regarded as "disabled" if "more limited" than the average person.
EMPLOYEE FREE CHOICE ACT
(Reviewed the provisions of this act)
