Category
Employee Misconduct
What Should Employers Know about Florida’s New Constitutional Carry Law?
On July 1, 2023, Florida House Bill 543 became law and authorized the concealed carry of firearms with or without a license to carry. So-called Constitutional Carry means that a permit is not required to carry a concealed firearm. There are a lot of myths and misunderstandings about the new law so various law enforcement......
Asphalt Company Wins Work Comp Case – 5 Tips You Can Use
A Florida asphalt contractor recently benefited from having effective human resource policies. It avoided paying disability benefits to an injured employee (his skid steer loader was hit by a dump truck) that refused to return to suitable work. In Florida, an injured employee is entitled to Temporary Partial Disability benefits (hereinafter TPD...
Terminating an Employee for Misconduct While They Receive Florida Workers’ Comp
We were recently asked by a client about whether or not an employee on workers’ compensation can be terminated for misconduct. I said yes, but explained that to cut off workers’ compensation benefits the “misconduct” must meet a special definition. An employee with a workplace injury is expected to follow company policy and co...
Dealing with Your Problem Employee
Nobody likes disciplining employees. Well, … perhaps that’s not true. But to be honest, I’m not sure I’d want to employ too many supervisors who LOVE engaging in disciplinary actions. But, like it or not, it’s critical to the success of your company that progressive disciplinary procedures are understood, followed, and applied in a ...
Positive drug test and Workers’ Comp: Can TPD benefits be stopped?
Florida employers with a drug free workplace have the right to terminate an employee that tests positive for illegal drugs. What happens when the employee tests positive for drugs after a post-accident drug test, and the employee is receiving temporary partial disability (TPD) benefits? The Florida work comp statute states that “misconduct”...
Can HR use hidden surveillance on employees to catch misconduct?
Attention business owners and HR pros – if you are trying to gather evidence of employee misconduct be sure you know the wiretapping laws. On January 22, 2016 a Massachusetts district court found probable cause that 3 human resources employees, including the HR Manager, committed unlawful wiretapping of an employee. According to a report ...
Confronting a suspected drug using employee
I recently received a question, asking for suggestions on how to confront a suspected drug using employee. First, I would review all applicable company policies, such as workplace conduct, attendance and drug free workplace policies. Are there performance issues, work rule violations, attendance problems, behavior at work that is inconsistent w...
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