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Employee Misconduct
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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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