[PDF] - The Laws We Live By US Constitution 1 st Amendment, 4 th Amendment, PDF Document

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Fall 2014 Management and Supervision 1

Drake Maynard HR Services, LLC 919.259.3415 | dmhrservices@gmail.com

PERSONNEL LAW FOR PUBLIC HEALTH PROFESSIONALS

Carrboro | October 2014

Where We Are, Who We Are, How Do Things Happen – Our Context Today

County Employees/District Employees
State Human Resources Act
Authority of the Health Director
County HR
OSHR
State Human Resources Commission
Office of Administrative Hearings
Consolidated Human Services Agencies

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The Laws We Live By

US Constitution – 1st Amendment, 4th Amendment, 5th

Amendment, 14th Amendment

NC Constitution embodies the same principles
State Human Resources Act – NCGS Chapter 126
NCGS Chapter 153A – Counties
NCGS Chapter 130A/Article 2 – Local Health Departments

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Fall 2014 Management and Supervision 2

Employment Laws

Title VII – EEOC
Race, Color, Religion, National Origin,

Sex/Harassment/Reasonable Accommodation/Retaliation

Americans with Disabilities Act As Amended (ADAAA)

– EEOC

Disability/Perceived Disability/Reasonable Accommodation
Age Discrimination in Employment – EEOC
40 Years of Age or Older
FLSA – US Dept. of Labor
Work week/Premium pay
FMLA – US Dept. of Labor
Unpaid leave – Self/Spouse/family – Serious Health

Condition

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The Legalities Of Hiring

The Application
Gaps in employment history
Arrest vs. conviction
Match what you need in the job with what you recruit for
“Illegal” questions vs. High Risk questions
References
Check references, really
How to check references
Legal protection for responding truthfully to a request for reference

‐ NCGS 1‐ 539.12 Qualified immunity when giving references

Getting a release from current/former employee to give honest,

fact‐based reference.

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Types of Employment Status

At will
Contract
Career status ‐ What does it mean? How do you get it?
Property interest
Due process

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Fall 2014 Management and Supervision 3

Managing Performance & Conduct

Why do we do this? What do we hope to accomplish?
At will, non‐career status and career status employees
Performance vs. Conduct

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Managing Performance

Performance is:
Accuracy
Timeliness
Quality
Quantity
Attendance

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Managing Performance – The Written Warning

The Written Warning

How, when & where to deliver it
Why you want to listen to what the employee has

to say

How long does this go on?

Reference: Written warning template in your materials

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Fall 2014 Management and Supervision 4

Managing Performance

What do you do if performance issues continue?
Demotion and Suspension – when to use them and why

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Managing Unacceptable Conduct

What is unacceptable personal conduct?
Intent
Criminal and non‐criminal conduct
Level of appropriate discipline for personal conduct

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Managing Unacceptable Conduct

Off‐duty conduct – when to take action, when not to

take action

Nexus
Level in the organization
Public notoriety
Insubordination
Refusal
To carry out a reasonable order
From an authorized supervisor

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Fall 2014 Management and Supervision 5

Investigatory Status With Pay

What is it?
When do you use it?
Is it grievable?

Reference: Investigatory status letter in your materials

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The Pre‐disciplinary Conference

What is it?
When is it required?
When is it useful?
The FMLA cheat

Reference: Pre‐disciplinary conference template in your materials

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Dismissal

Performance and Conduct
Time frame for rendering decision
How to inform the employee
In person
By mail – ONLY certified mail, return receipt requested
The wrap‐up
Getting agency property, keys, ID badge
Meeting with HR to go over information on last paycheck,

COBRA, etc.

Reference: Dismissal letter template in your materials

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How To Avoid Being A Problem Magnet – Discipline & Dismissal

Always follow your own policies and procedures and if you

don’t, have A terrific reason for doing so [not that it will help]

Document, document, document
Do Not Retaliate
Give A reason for termination (and NEVER change your

reason)

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How To Avoid Being A Problem Magnet – Discipline & Dismissal

Make sure the facts support your reason for taking action
Think twice (then think again) about terminating an employee

for poor performance with one or more good evaluations

Investigate promptly and take appropriate action
Trouble NEVER goes away – don’t just stand there, do

something

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Drug Testing And The Constitution

Fourth Amendment – “unreasonable search and seizure”
Private employers vs. Public Sector employers
What is “reasonable”

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Fall 2014 Management and Supervision 7

“Reasonable”

“Reasonable” – balancing the interests of the government

employer with the interests of the citizen employee in protecting his privacy

Reasonable suspicion that an employee is or has been using

drugs

Random drug tests for “safety sensitive” positions
Random drug tests for all employees

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“Safety Sensitive”

Generally, courts restrict positions/jobs that can be labeled

“safety sensitive”

Immediacy of the threat from a potential drug‐induced

mistake or failure in the performance of job duties.

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Drug Testing Applicants

As opposed to current employees
Lower expectation of privacy
“If an applicant doesn’t want to take a drug test, don’t apply.”

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Fall 2014 Management and Supervision 8

Wrap Up

Your questions
What didn’t we cover that you wanted to talk

about?

THE END