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Human Resources/Questions Answered by Expert Thomas R. Ballas
| Subject | Date Asked |
| Open Enrollment | 11/17/2010 |
| Q: My employer is holding our annual Open Enrollment this week but my boss will not allow me to attend ... A: Nick: As part of the group, you must be given information necessary for you to make a choice. If ... | |
| recinding a resignation | 11/14/2010 |
| Q: I submitted an email resignation under duress two days ago, can I recind the resignation? A: Mary: Yes, you can, but that does not mean the company will accept it. If truly under duress, you ... | |
| Reverse racial discrimination | 11/9/2010 |
| Q: Ever since a new Indian CEO came on board to this California company, virtually all hirings made ... A: Max: Under federal law, presuming the company has more than 15 employees, management cannot treat ... | |
| HR under 18 employee | 11/3/2010 |
| Q: SCENARIO: Without any previous knowledge of the situation, you receive a phone call from a parent ... A: Brent: Presuming the child is properly employed and working as prescribed by state and federal laws ... | |
| PTO/Vacation in CA | 10/14/2010 |
| Q: My company (Company A) is headquartered in CA and is being bought by another company (Company B) ... A: Brenda: I doubt it, but the answer lies in the contractual terms of the purchase. My guess is what ... | |
| Termination of Contract | 10/2/2010 |
| Q: Please excuse me if this issue falls outside your area of expertise. For the last month I have ... A: Jona: If the contract does not give you the opportunity to end the relationship with notice, as it ... | |
| Bullying by CEO | 9/13/2010 |
| Q: About 15 months ago, a new CEO was brought into our company to turn around our declining ... A: Barb: If you do not wish to go to HR, the only place to go is to the second in command or over his ... | |
| Dealing With Two Job Offers | 8/12/2010 |
| Q: I'll try to make this short and to the point. I applied to two jobs this week. My second choice ... A: Yahaira: I would not the mention other position. Just tell your first choice that you would love ... | |
| Sudden Leave | 6/24/2010 |
| Q: I have an employee who was hospitalized and will be out indefinitely. HOw would I handle. We sent ... A: Go to this link and click on the I-9 form, and the W-4 forms. They are the two that are mandatory ... | |
| Sudden Leave | 6/22/2010 |
| Q: I have an employee who was hospitalized and will be out indefinitely. HOw would I handle. We sent ... A: Felicia: If your company is covered by the Family Medical and Leave Act, (FMLA), then you should ... | |
| Fmla | 6/10/2010 |
| Q: I AM ON FMLA AND MY COMPANY HAS A POLICY OF THAT IF OVERTIME AND MAKE UP TIME IS APPLIED THE SAME ... A: Michael: If you missed work account your medical condition and it is covered by an approved FMLA, ... | |
| low compansation problem | 6/9/2010 |
| Q: Thomas, After doing graduation in commerce, I joined a manufacturing firm as the assistant to ... A: Rizwan: You certainly can ask, but without knowing more about the others making more it is ... | |
| I was fired for doing the right thing I think?! | 6/5/2010 |
| Q: Okay I not to long ago started working for a company that deals with imports and exports. Upon my ... A: Mr. Brown: There is little you can do to get your job back. The Company may dismiss you during the ... | |
| FMLA intemittent leave | 5/28/2010 |
| Q: I am an HR Director for a Wisconsin-based company. We have an employee with a chronic condition ... A: T.R. Not much you can do. FMLA protects the employee in cases like this. If you are sure the FMLA ... | |
| Work injury | 5/14/2010 |
| Q: I have a work related injury (de Quatrains Tendinitis)My work station was evaluated by our Workers ... A: Vicki: If your move was account the incident, it depends on what the incident was that determines ... | |
| FMLA | 5/7/2010 |
| Q: My mom has FMLA through the company she works for. She uses this from time to time to help take care ... A: Nicole: Paid time off (PTO) is not legislated by FMLA, it is strictly up to company policy as to ... | |
| FMLA | 5/6/2010 |
| Q: I am being made to file an intermittent FMLA claim. My 17 month old daughter has been sick I left ... A: Valerie: FMLA is a benefit that employees must qualify for provided their company is covered by the ... | |
| HRM | 5/5/2010 |
| Q: could you tell me please that Title VII of the Civil Rights Act requires employers to permit ... A: Sonia: Yes, a reasonable accommodation could be allowing the employee to take the day off. That ... | |
| HRM | 5/5/2010 |
| Q: could you tell me please that Title VII of the Civil Rights Act requires employers to permit ... A: Sonia: State and federal laws do not mandate pay for any holiday, it is strictly up to the company ... | |
| FMLA | 4/26/2010 |
| Q: I am an exempt employee, paid salary in a mangerial position. my husband is undergoing treatments ... A: Margie: They can designate leave as Family Medical Leave. The company is allowed to do so under ... | |
| return to work after FMLA | 3/19/2010 |
| Q: I went of FMLA for Major Depressive Disorder for a three months period. I returned to work with some ... A: Cathy: First you must insure your company is covered by FMLA and ADA. Here are links to help you ... | |
| Termination | 3/13/2010 |
| Q: This is hard to explain but I'll do my best. On February 23rd our next weeks work schedule came out ... A: Theresa: If your company is governed by the Family and Medical Leave Act, FMLA, and you qualify for ... | |
| Termination after end of FMLA | 3/4/2010 |
| Q: My husband is in a 6mos treatment. I just received a letter from our company stating that his 12 ... A: Jessica: The non payment results in termination. Here are the Basic eligibility requirements. I ... | |
| Termination after end of FMLA | 3/4/2010 |
| Q: My husband is in a 6mos treatment. I just received a letter from our company stating that his 12 ... A: Jessica: A covered employer is required to maintain group health insurance coverage for an employee ... | |
| mandated overtime | 2/19/2010 |
| Q: My husband is the dean of a university and all deans were just informed that in addition to their 40 ... A: Jennifer: The position is no doubt considered "exempt" from overtime laws. While the university ... | |
| Exempt employee doing union job | 2/12/2010 |
| Q: Recently after two and a half years in my current position, my employer changed my Monday through ... A: Kelly: While not the usual think, it does happen. Most companies will move exempt employees onto ... | |
| Raise | 1/22/2010 |
| Q: My review was supposed to be June 2009 and I am finally getting my review but was told we are on a ... A: Susan: First, I am unfamiliar with Canadian labor laws. That said, I agree with your logic, but ... | |
| Non-Rehireable | 1/19/2010 |
| Q: I worked for a company in Southern California roughly two years ago and was let go by the manager at ... A: Ryan: It is up to the company. They have policy regarding what employees or ex employees may see ... | |
| making up time while on fmla | 1/7/2010 |
| Q: I am on fmla and have a lot of doctor's appointments due to my unborn child may only have one ... A: Tina: FMLA allows you time off from work for your own health, and for you to care for certain ... | |
| Denied Unemployment Benefits | 11/25/2009 |
| Q: My brother-in-law has a shunt in his brain and when it doesn't work correctly his personality is ... A: Eileen: It is possible that he has recourse under the American with Disabilities Act, if the ... | |
| fmla | 11/7/2009 |
| Q: yes i have 2 fmla's sometimes i need time off work due to my illnesses and dr apt. my employer also ... A: Barbara: There is nothing illegal about their requesting a Dr.'s note That said, I would have my ... | |
| Overtime rate | 11/2/2009 |
| Q: Example: Employee accrues 10 hours of overtime for the pay period ending Sept 30th and his current ... A: David: Absent a collective bargaining agreement or employment agreement that addresses the issue, ... | |
| Earning Paid Time Off Upon Returning From Maternity Leave | 10/9/2009 |
| Q: Ballas, I recently returned from maternity leave and thought upon my return I would be entitled to ... A: Amy: They can do this only if they do this to others who are out for similar or other medical ... | |
| fmla | 10/1/2009 |
| Q: i need to go on fmla to handle numerous medical and mental health issues, but i do not want to ... A: Broken: FMLA provides for leave for medical issues. In order to qualify, your Doctor must fill out ... | |
| FMLA and Hostile Work Environment | 9/25/2009 |
| Q: My father-in-law is very suddenly ill and sadly terminal. My mother-in-law has worked for a large ... A: Nancy: Presuming the company is covered by FMLA, and I have attached the site that will help you ... | |
| FMLA Harassment | 9/17/2009 |
| Q: I have taken intermittent FMLA for my husbands injury and 5 day hospitalization & follow up appts. I ... A: Ginny: I cut and paste the pertinent portion of FMLA for your easy reference. The law provides ... | |
| appropriate conduct | 9/6/2009 |
| Q: I have a question that I hope you can help me with. I and some associates have been discussing some ... A: Richard: Emotional behavior by Supervision towards employees is not illegal, in and of itself. If ... | |
| appropriate conduct | 9/5/2009 |
| Q: I have a question that I hope you can help me with. I and some associates have been discussing some ... A: Richard: I agree with what you have said, and strived to behave this way when I was working. As a ... | |
| hiring mistakes | 8/11/2009 |
| Q: As a human resources director, how do you fix this real life problem? (The candidates are all ... A: khoward: It sounds as though this was not a mistake, rather a selection process that was driven by ... | |
| hiring mistakes | 8/10/2009 |
| Q: As a human resources director, how do you fix this real life problem? (The candidates are all ... A: Khoward: For the first issue, I would notice the person who was given the job the mistake had been ... | |
| Is leucodarma a barrier in HR Career? | 8/5/2009 |
| Q: This is in regards to the doubt, which has been in my mind for a long time . As I am planning to ... A: Mr. Parab: I do not know if your medical condition presents a problem to you in your country, in ... | |
| FLMA | 8/3/2009 |
| Q: Is an employer required to pay a salaried employee who is out on maternity leave for 12 weeks under ... A: Sue: No. FMLA law states only that the employee who qualifies is allowed the leave, and that their ... | |
| job harassment | 7/29/2009 |
| Q: i am an lpn. i got a job at a long term care facility in feb 2009. 2 weeks into the job i informed ... A: Christine: Since you were reinstated with pay both times after your suspension, you were not ... | |
| unfair treatment at work | 7/29/2009 |
| Q: How can I address the issue that my new boss is treating me unfairly because I am a good worker. ... A: Keysa: This is a common problem for workers who drive themselves to work as hard as possible to get ... | |
| Health privacy in the workplace | 7/28/2009 |
| Q: Yesterday I told my supervisor of an upcoming surgery and the reason for it. I very specifically ... A: Jerry: Certainly she should not have done this. I do not think there is much you can do other than ... | |
| fmla vs workers comp | 7/25/2009 |
| Q: my wife was off work for a period of 6 weeks . after that it was deemed workers comp. the problem is ... A: Tom: FMLA protects an employee for 12 weeks, and really does not have anything to do with workman's ... | |
| HR & Drug testing | 7/24/2009 |
| Q: My brother in-law blew out his knew while on the job working 2 days ago, one of the other employee's ... A: Tom: Many companies have policy of mandatory drug testing if you suffer an injury on the job. I ... | |
| Confidentiality | 7/13/2009 |
| Q: I work in a small company - 60 people - We had an employee who had a stroke and was rushed to a ... A: Ed: Such information can be considered medical information about the employee, and under HIPPA ... | |
| Hostile work environment | 7/12/2009 |
| Q: I have a situation where I work with a husband and wife. Constant screaming and yelling. The wife ... A: Kathy: If you resign account this issue, you certainly take a chance that unemployment will be ... | |
| Hostile work environment | 7/11/2009 |
| Q: I have a situation where I work with a husband and wife. Constant screaming and yelling. The wife ... A: Kathy: Given this situation, you should promptly report it to Supervision and Human Resources. The ... | |
| job question | 7/6/2009 |
| Q: I live in Louisiana, and I work for a nationwide retail company. I've been working for them for a ... A: Michael: Given the Judge did not sentence you under the Article that allows the conviction to be ... | |
| Calling in sick | 6/26/2009 |
| Q: I called in sick to work about 3 weeks ago for 4 days after catching some type of flu that caused me ... A: Drew: I am not sure what I can say to help you feel less guilty about calling in sick, when you are ... | |
| PTO and unpaid leave | 6/22/2009 |
| Q: i am working for a small owner based health care company in NY. i have 18days pto as per my employee ... A: Rocky: As I understand it, the Company is willing to give you 2 weeks paid vacation in August, but ... | |
| termination | 6/19/2009 |
| Q: I was a permanent civil service employee in a grade 1 pay scale, took another test to level 5 pay ... A: Judy: The only thing I can suggest is to find out if there is any kind of appeal process available ... | |
Human Resources
Answers by Expert:
Thomas R. Ballas
Top Expert on this page
Expertise
I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements
Experience
35 Years in the Rail Industry, the last 19 in Senior Management. Lead negotiator for the Company in collective bargaining talks with 3 different unions covering 9 different agreements
Education/Credentials
BA in Psychology, University of North Florida
Professional in Human Resources
Senior Professional in Human Resources
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