FMLA: Half Full or Half-Empty?

first_imgOriginally posted on FiveL.net. No, this isn’t about an office party gone awry.  But it is about almost getting it right but not quite enough. Let me give you the short version.  For seven years employee Brown performed well receiving excellent ratings on performance evaluations.  But when she was promoted she made some serious errors that more than embarrassed the employer; they nearly caused significant financial loss. Rather than fire Brown, the employer noted these struggles on Brown’s performance appraisal and they delayed her first scheduled raise for six months. Subsequently Brown took 12 weeks of FMLA leave following diagnosis of breast cancer.  Upon her return the employer provided her with additional training and her work performance in the new job improved.  The following year Brown needed FMLA leave again, this time for a high risk pregnancy. Now here’s where the timing comes in. 1.       A few weeks before the employee told HR of her need for FMLA leave a new manager met with HR to discuss a restructuring and reduction-in-force (RIF).  Brown was identified along with two coworkers as a candidate to be RIF’d. They planned, however to transfer her to another position in lieu of termination.  2.       After the employee tells HR of her need for FMLA leave, they decide to wait to tell the employee about the plan to transfer her to prevent imposing any further stress.3.       Around the same time as Brown had her child a client tells the employer it would no longer be using the employer’s services.  So HR and the manager return to the plan to implement the RIF.4.       They tell Brown about the plan to transfer her. Brown viewed it as a demotion despite the fact they were keeping her at her current rate of pay and with the same benefits.5.       Shortly after Brown returned to work from FMLA the plan was finalized to implement the RIF.  The plan was for two of the three employees previously identified to be fired; Brown was told she would be retained but her pay would be cut by 10% and she would no longer being permitted to work from home one day a week as she had prior to her FMLA leave.6.       Brown complained to HR and five days later she was fired instead of one of the coworkers. You can guess what comes next, eh?   Half Full #1 – Brown claims there was no preliminary meeting between the manager and HR to discuss a RIF. The employer had no proof or “written business records” to show that the preliminary conversation between the manager and HR took place. In addition, Brown found two coworkers who said they knew nothing about the meeting asserting their testimony served as evidence that the meeting did not take place.  So who wins the argument?  The court noted, that the two coworkers’ “lack of personal knowledge would prevent their testimony from establishing a triable issue of fact” and summary judgment in favor of the employer was proper on that issue.Half Full #2 – Brown next claimed that she was retaliated against for taking FMLA leave because, even if there was a preliminary discussion about possibly transferring her to another position before she told them of her need to take FMLA leave that decision was not implemented until after she took the leave. The court did not agree.  “Proceeding along lines previously contemplated, though not yet definitively determined, is no evidence whatever of causality.”Half Empty – So where did the employer go wrong? Here is proverbial third leg of the stool. Now Brown claims that even if the meeting did happen and even though it was implemented after she took FMLA leave; it was not the original plan and the decision to fire her instead of a coworker after she talked to HR violated the FMLA. The employer’s defense was that Brown was able to take all her FMLA leave. The courted noted that the employer, “…misconceives Brown’s claim…Brown’s entitlement claim is distinct from her discrimination claim, in which she alleges that [the employer] took adverse action against her because she took maternity leave.” The court found that despite its problems Brown’s claim did fall within the framework of an FMLA claim.  Brown v. Diversified Distribution Systems LLClast_img read more

Please join SHRM Government Affairs and the Council for Global Immigration on Twitter #HRSOTU for the 2018 State of the Union

first_imgOn Tuesday, January 30 at 9:00 pm ET President Donald Trump will deliver his first State of the Union address to the nation (SOTU). In his remarks, the President will address his public policy agenda, which will likely include key HR issues surrounding immigration reform and health care, among others. Future decisions made on these initiatives will impact you and your workplace and may affect the way you prepare for what’s ahead.   Please join the @SHRMATeam at 8:45 p.m. ET on January 30 for a live Twitter chat under hashtag #HRSOTU with special guests Mike Aitken @SHRMVPAitken, Lisa Horn @SHRMLobbystLisa, Patrick Brady @SHRMPBrady, Chatrane Birbal @SHRMBirbal, Nancy Hammer @hammershrm, Jason Gabhart @SHRMCAJason and our affiliate the Council for Global Immigration @Global_imm and Rebecca Peters @CFGIPeters. We’ll be chatting about the President’s agenda and prospects for action on key HR public policy issues in 2018.  We’ll also provide an insider’s view of the upcoming 2018 Employment Law and Legislative Conference, taking place March 12-14 in Washington, DC. This conference provides an opportunity for SHRM members to continue the #HRSOTU public policy conversation in-person in the nation’s capital. In addition to the latest compliance information, participants will hear about legislative issues pending at federal and states levels, and conduct face-to-face Capitol Hill meetings with their lawmakers to discuss key HR public policy issues, including relevant proposals from the president’s State of the Union address. Tune in and share the burning HR issues you would like policymakers to focus on in the coming year.last_img read more

Big Data: Moving Beyond the Setbacks of Early Implementation Failures

first_imgBig data projects are on the rise, but unfortunately many big data projects to date haven’t been successful.  A survey by CapGemini‘s found that only 13 percent of organizations have been able to build big data into a project that’s gone into production and only 27 percent of businesses using big data say that their projects have been successful.Part of the reason for the big data project failures has been ill-defined goals and objectives and a lack of up-front implementation planning, according to the CapGemini report.  Jeff Hunter, vice president of North America CapGemini, said that  “generally, it’s a disconnect between the output and a clearly defined business driver or goal.  And along the way, people get engulfed in the technology… The firms that we see succeed [have] centralized the concept of consumption of big data technology, leverage of data science, and application of analytics. They’re the ones we see moving faster.”Yet despite the problems with early implementations of a relatively new technology, there’s room for optimism.  Hunter said that  “I’m seeing the same cycle beginning as with the Internet and e-commerce. In the entirety of the community, a few companies create success. Those who have embraced big data, even those who have experienced setbacks and failures, [are gaining experience]. They’re seeing that data-driven decision-making has its place in how you run a business. Those successes are going to be a catalyst to speed up other projects.”last_img read more

Are your ads pointing to the right domain? Here’s a script to find out.

first_imgAre your ads pointing to the right domain? Here’s a script to find out.You are here: Posted on 18th April 2018Digital Marketing FacebookshareTwittertweetGoogle+share Standards are high for PPC superheroes, and even the best of us can make a mistake.Luckily, there’s a perfectly easy way to deal with human error: automation!I’d like to share a script that will help you stay on top of the domains being used in your ads, by verifying the ads are linking to the correct website.Start with a site visitFor most AdWords campaigns, the user’s journey to conversion starts with a site visit. Making sure users end up on the right page after clicking on an ad may seem obvious, but as careful as we might be, sometimes a rogue uniform resource locator (URL) slips through the cracks. This script checks if you’re inadvertently sending your potential customers to the wrong website entirely.After setting up your accounts and campaigns, run the script with the desired domain in your AdWords account, and it will scan through your keywords and URLs to list which ones have final URLs that don’t use that domain. This could come in handy in lots of situations.If you have different sub-domains or top-level domains for different countries or different parts of your business, this will point out that the wrong URL has sneaked in there somewhere.For example: yourdomain.com instead of yourdomian.co.uk.Check for old URLsAnother circumstance where I recommend using the script is after migrating to a new website. It is important to make sure the old URLs have been replaced or removed from your ads.[Read the full article on Search Engine Land.]The post Are your ads pointing to the right domain? Here’s a script to find out. appeared first on Marketing Land.From our sponsors: Are your ads pointing to the right domain? Here’s a script to find out. HomeDigital MarketingAre your ads pointing to the right domain? Here’s a script to find out. Related postsLytics now integrates with Google Marketing Platform to enable customer data-informed campaigns14th December 2019The California Consumer Privacy Act goes live in a few short weeks — Are you ready?14th December 2019ML 2019121313th December 2019Global email benchmark report finds email isn’t dead – it’s essential13th December 20192019 benchmark report: brand vs. non-brand traffic in Google Shopping12th December 2019Keep your LinkedIn advertising strategy focused in 202012th December 2019last_img read more

Skelton announces run for Missouri Senate

first_imgMichela Skelton now has her sights set on a higher office.The Democrat announced on Thursday she’s running for the Missouri Senate seat held by Columbia Republican Caleb Rowden. He’s the Senate Majority Leader.Skelton ran twice against Republican Sara Walsh in Missouri House races, losing in 2017 and 2018.last_img

Santon adds to Roma injury crisis?

first_img Watch Serie A live in the UK on Premier Sports for just £11.99 per month including live LaLiga, Eredivisie, Scottish Cup Football and more. Visit: https://subscribe.premiersports.tv/ Davide Santon could have added to Roma’s injury crisis after the defender trained apart from the squad with the flu. Roma already have seven players out, but that risks becoming eight if Santon does not recover by the time they release their squad list for tomorrow’s Europa League match with Borussia Monchengladbach. Elsewhere, Cengiz Under and Henrikh Mkhitaryan continued to work away from the first team and Corriere dello Sport also considers them doubtful to face Milan this weekend. Every precaution is still being taken with Edin Dzeko, who trained on Wednesday with a protective mask.last_img read more

Mayor: ‘Reduced capacity Stadio Meazza’

first_imgMayor of Milan Giuseppe Sala urges Inter and Milan to work with the local authorities, as a “reduced capacity Stadio Meazza would be a good solution.” The two clubs presented their ambitious plans to knock down the current Stadio Giuseppe Meazza and construct a new joint arena next to it, essentially where the car park of the stadium now stands. A vote in the local council backed plans to revamp the San Siro area of the city, but shot down attempts to eliminate the Stadio Meazza entirely. “The best solution for San Siro would be a combined solution, so a commercial space for development, but also a reduced capacity arena of use to the city,” declared Mayor Sala. “We need to understand if it is financially viable, but it would be the best thing for the city, seeing as football in Milan isn’t just Serie A, but also women’s football and youth teams. “In that sense, a reduced capacity Stadio Meazza would be a good solution. I don’t know if it’s possible, but I ask the clubs to make a serious effort to find a new life for San Siro.” This doesn’t mean Inter and Milan can’t build a whole new stadium, but the existing Stadio Meazza would need to remain in some way or another. That would force a radical rethink of the architectural plans presented so far. It’d also increase the costs, as knocking down the stadium would be in the region of €45m, whereas repurposing it would cost €200-250m. Watch Serie A live in the UK on Premier Sports for just £11.99 per month including live LaLiga, Eredivisie, Scottish Cup Football and more. Visit: https://subscribe.premiersports.tv/last_img read more

10 months agoYoung blasts claims Man Utd players celebrated Mourinho sack

first_imgYoung blasts claims Man Utd players celebrated Mourinho sackby Paul Vegas10 months agoSend to a friendShare the loveManchester United captain Ashley Young denies the players were celebrating the sacking of Jose Mourinho last week.United responded to the appointment of caretaker manager Ole Gunnar Solskjaer with a 5-1 win at Cardiff City.Several reports indicated that United’s stars were happy with the decision, with some citing that they had even celebrated the news. However, Young firmly shut those claims down.”No celebration at all. Absolute lies,” the full-back said.”Obviously it was disappointing for the manager to get sacked. In his two-and-a-half years, he won trophies.”We have to take some responsibility for that [his sacking] as we are on the pitch.”Like I said. we have to move on from that. Ole [Gunnar Solksjaer] has come in and we were preparing in the right way for a game even though it’s been a crazy week, but as professional players we have to get on with the job in hand and that is what we did today.” About the authorPaul VegasShare the loveHave your saylast_img read more

Scores of Children Receive Back-to-School Supplies

first_imgStory Highlights Scores of children from Harbour View and Bull Bay in East Rural St. Andrew received educational supplies and free health checks at separate back-to-school-treats hosted by Member of Parliament the Most Hon. Juliet Holness. Speaking in an interview with JIS News, Mrs. Holness said the initiative aims to alleviate some of the costs associated with back-to-school expenses, while providing a day of fun and entertainment for the children. Mrs. Holness noted that the treats, which are being staged for the second year, have had a significant impact on the lives of the beneficiaries. Scores of children from Harbour View and Bull Bay in East Rural St. Andrew received educational supplies and free health checks at separate back-to-school-treats hosted by Member of Parliament the Most Hon. Juliet Holness.The students, who will be attending basic, primary and high schools in September, received knapsacks and lunch bags, notebooks, pens, pencils, rulers, sharpeners, and book vouchers. They were also treated to food and entertainment.The Guardian Group mobile medical unit travelled to the communities, providing medical checks for children and adults.Speaking in an interview with JIS News, Mrs. Holness said the initiative aims to alleviate some of the costs associated with back-to-school expenses, while providing a day of fun and entertainment for the children.“We are making every effort to provide them (with some of the materials they need) so that the funds the parents have (can be used) to purchase textbooks,” she said.Mrs. Holness noted that the treats, which are being staged for the second year, have had a significant impact on the lives of the beneficiaries.“There are many children and their parents who will tell you I am grateful for a bag. Some people will think of it as very basic, but it means that they can buy something else with that money. There are some children who take their bags to school year after year, even after it is tattered and torn,” she told JIS News.She noted that “many persons have come back to say ‘thank you’, because it has helped two or three or four of my children or grandchildren, and that makes it worth the while”.During the day, the children were treated to a tasty meal, jumped in a bounce about and on a trampoline, and enjoyed ring games and other activities.Mrs. Holness thanked the sponsors, which included China Harbour Engineering Company (CHEC), Pavilion Jewellers, Yello, Bigga Wholesale, Serendipity Holistic Resort, Patels, along with personal donors.She informed that 10 such back-to-school treats will be held across the constituency.The others will take place at the Dallas Castle Community Centre, and Kintyre Community Centre on August 17; Dublin Castle/Content Gap, and Mavis Bank High School, August 20; Irish Town-UCC Craighton Estate, and Savage Pen Playfield, August 22; and Top Maryland and Woodford Two Trees on August 23.Cecilia, a resident of Bull Bay, who turned out with her son and grandson, expressed appreciation for the staging of the event.“It is a good thing for the kids that they can enjoy themselves during the summer, and when they go back to school they can share their experiences with their friends,” she said.She welcomed the school supplies, noting that “many parents cannot afford it, so I am happy for that”.Another resident, Shelly-Ann Edwards said giving back to the community is paramount and lauded Mrs. Holness for the initiative.last_img read more

November 9 2009 Participants of the Oct 4

first_imgNovember 9, 2009 Participants of the Oct. 4. 2009 workshop program graduated last Friday. Congratulations to: Rachel Hirshey, James [Jimmy] Carnazza, Juan Felipe Mantanez, Joseph Burton, Paolo Vozzella and Sophie Nichols. [photo & text: hsk]last_img