I just stumbled upon the Foster, Swift, Collins & Smith website which has a page of Michigan library employment Q & A by Stephen Schulz (as seen in the Michigan Library Association Newsletter)
Go to the site for brief answers to these questions (Michigan based with some federal info):
A Library was sued by a former employee for alleged discrimination. During the litigation, it was discovered that the Library was maintaining employment records of its personnel for a period of ninety days after the employment relationship was terminated. Could there be a problem with this practice?
One of the Library's employees has returned from lunch seeming a little strange. His speech is slurred and his eyes are glassy, but otherwise he seems to have general control of his facilities. The employee is told to report to the medical clinic, located on the other side of town, for a drug test. He is further instructed that the Library Director will meet him there after getting assignments rearranged following the lunch hour. On the way to the clinic, the employee is in an accident and seriously injures passengers in another vehicle. Is the Library liable?
An employee receives good performance reviews for several years. In fact, the employee's work is substandard, but the supervisor doesn't want to hurt the employee's feelings. The library now wants to terminate the employee, but there is no documentation to prove that performance was a problem. Are they going to run into any difficulties?
Guidelines for Drafting a Job Description
Can a library limit the time period that an employee or former employee has to sue the library over employment or other claims?A library pays its employees on a biweekly basis. One of the staff works 20 hours one week and 46 hours the second week. When paying the employee, the library averages the hours for the two weeks resulting in 33 hours each week and thereby avoids paying overtime compensation. Is this permissible?
Independent Contractor vs. Employee
When can we throw out medical records?
When an employee applied for a job with a library, he signed an employment application that contained a provision in which he agreed to arbitrate any claims arising out of his employment. Two years later, the employee filed an employment discrimination lawsuit in state court. Should the library attempt to enforce the arbitration provision?
National Labor Relations Act & Public Employment Relations Act
Is your library's harassment policy up to date?
Do we have to pay for voluntary work?
Library Retirement Program/Separation Agreements
We have a vacation and sick leave policy that allows our employees to carry over unused time. Do we have to pay an employee who quits or is fired for that time?
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