Wow Mike, that's pretty strict on the specificity. I guess the hypothetical employee would have to hire a lawyer, and build a case that he/she deserves to keep his/her job on the grounds that he/she is healthy, capable of managing their own life style while keeping a sharp eye on their health, etc., kind of like a precedent setting case, I guess. Very interesting. I didn't realize that political correctness had crept that far into the area of business practices.
Great Scott! Fired for smoking on his own time..
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Alfredo --- you have no idea how far it has gotten!
We just fixed up an old building into offices for our company. Because it was considered "new construction" we had to meet every facet of the newest parts of ADA! :shock: :shock: Even though we are a wholesaler that does not let people "use" the bathroom, we had to put in an ADA compliant one. I am talking full bore, 5' turning radius, grab bars behind and beside commode, 3' doorways, flipper handles on doors and sink, rubber cladding on drain pipes, ADA vanity mirror, ADA Commode etc........... --- But, the law does not say that it has to be marked as a bathroom, or that you MUST let everyone use it. We keep ours deadbolt locked and in 7 months in the office I think maybe 5 people have set foot into that bathroom.
Even though we are in an AT WILL employment state, we still have to cross our t's and dot our i's to keep from getting a wrongful discharge lawsuit. Both of our companies total 17 employees, yet we have employee reprimand sheets, twice yearly evaluations, and the whole nine yards. Frequently even with that stuff, we get ruled against in Unemployment Comp hearings. I fired a guy for excessive absences (first 340 possible work hours he missed 19.5% of) and coming to work under the influence (he was a CDL Driver and at 8:30am blew over a .04 on our breathalizer tests). He still got to collect unemployement!
Luckily, I have a couple of friends who are lawyers, and they go over things before I give them to employee's or send them out. We currently have 4 of the top 5 business law firms in Northern WV tied up on retainer, or tied up from having had them do work for us! -- that makes it harder for an employee or customer to sue us because they would have to use one of the much lower rated law firms or lawyers to go against us!
We just fixed up an old building into offices for our company. Because it was considered "new construction" we had to meet every facet of the newest parts of ADA! :shock: :shock: Even though we are a wholesaler that does not let people "use" the bathroom, we had to put in an ADA compliant one. I am talking full bore, 5' turning radius, grab bars behind and beside commode, 3' doorways, flipper handles on doors and sink, rubber cladding on drain pipes, ADA vanity mirror, ADA Commode etc........... --- But, the law does not say that it has to be marked as a bathroom, or that you MUST let everyone use it. We keep ours deadbolt locked and in 7 months in the office I think maybe 5 people have set foot into that bathroom.
Even though we are in an AT WILL employment state, we still have to cross our t's and dot our i's to keep from getting a wrongful discharge lawsuit. Both of our companies total 17 employees, yet we have employee reprimand sheets, twice yearly evaluations, and the whole nine yards. Frequently even with that stuff, we get ruled against in Unemployment Comp hearings. I fired a guy for excessive absences (first 340 possible work hours he missed 19.5% of) and coming to work under the influence (he was a CDL Driver and at 8:30am blew over a .04 on our breathalizer tests). He still got to collect unemployement!
Luckily, I have a couple of friends who are lawyers, and they go over things before I give them to employee's or send them out. We currently have 4 of the top 5 business law firms in Northern WV tied up on retainer, or tied up from having had them do work for us! -- that makes it harder for an employee or customer to sue us because they would have to use one of the much lower rated law firms or lawyers to go against us!
mg: :shock: :flush: :help: :help:I did not know it was discrimination not to offer health care to all the employee's who work full time. I had even asked for the health care at the start of the summer. I worked full time all summer and they wont let me work more hours becasue they might have to pay overtime. When I first started a few years back I was working 60 to 70 a week.