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Florida

Video surveillance: If you can’t do it right, don’t do it

10/21/2008

Video surveillance can help catch employees who are abusing the system. For example, video of an employee cleaning the gutters while on FMLA leave may show he’s not sick. But before you conduct your own surveillance or hire someone to do so, here’s a simple tip …

Fire away if severance demands are unreasonable

10/14/2008

Wise HR professionals understand that, before jumping the gun and firing an employee who has filed a complaint, a thorough investigation is in order. But that’s when many employees try to negotiate a severance package in exchange for a resignation. If the investigation and negotiations drag on, can you discharge the employee for making what you consider unreasonable demands? …

Caring for grandchild qualifies for FMLA leave

10/14/2008

When an employee has a baby or adopts a child, it’s easy to determine that he or she is eligible for FMLA leave. But it gets murkier when the baby who needs care isn’t the employee’s own child. The FMLA regulations list eligible dependent children as those to whom the employee has “day-to-day responsibility to care for and financially support.”

Moping: The next best thing to going on strike

10/14/2008

They’re not allowed to go on strike, but nothing in the Broward Teachers Union contract says they have to be chipper. Broward County teachers spent the summer bargaining for better raises. When negotiations stalled, they headed back to school in a sour mood …

Workers committed same offense? Be sure to document why one got harsher penalty

10/14/2008

It’s critical for HR to back up every disciplinary decision with complete records showing exactly why an employee deserved his punishment. If a fired employee broke the same rule another employee did, those records better show you punished them equally—or explain why the punishment was different …

No individual liability under FMLA for public employers

10/14/2008

Good news if you work for a public employer in Florida. If you make an FMLA mistake, you can’t be sued individually, unlike your peers in the private sector …

Retain right to nix discipline that might be retaliation

10/14/2008

Employees don’t have to win their discrimination claims to charge retaliation. That’s why it’s important for HR to stay on top of any disciplinary action aimed at an employee who has already complained about discrimination …

Phone propositions yield no sex — and a lost job

10/14/2008

Michael Silvey, property management coordinator for the Department of Public Works in Hernando County, was fired for phoning and asking for sex from two women he formerly worked with at the Southwest Florida Water Management District …

Court: Lewis gave up police job when he ran for Tampa mayor

10/14/2008

Former Tampa Police Department (TPD) Capt. Marion Serious Lewis forfeited his law enforcement job when he ran to unseat Tampa Mayor Pam Iorio in 2007, a Florida appeals court has ruled. The city sought to enforce Tampa’s “resign to run” statute …

NLRB says NSU bullied janitors

10/14/2008

The National Labor Relations Board (NLRB) has issued a complaint against Nova Southeastern University (NSU), claiming the university coerced and threatened cleaning workers who tried to join the Service Employees International Union …