Allen And Associates Complaints, Employment Skills Blog

Posted by: Complaints
Author: Paul Megan

The good old days of passively finding a job . . . writing a resume, posting it on some job sites, answering some ads, contacting a few agencies of recruiter . . . those days are gone forever. Unless you want to spend weeks or months looking for a job. And then settling for whatever comes along.

Understanding the dynamics of today’s marketplace give you a real leg up. Armed with strategies and techniques that address the needs and expectations of today’s sophisticated employers give you the assurance that you can select your next job rather than settle for it.

Without these insights, what looked like a bright future with a rewarding, good-paying job you begin to question your value in the workplace. Suddenly your career advancement becomes shaky or non-existent. You wonder how long it’s going to take to get ahead.

Well, the good news is that there amazing growth opportunities out there just waiting for you . . .if you know where to look. This job market is one of the hottest in history.

But, the starting point of your job search requires that you discover two critical pieces of information about yourself. Without them you go into the market blind.

1. You must know what you have going for you. You have what are called “transferable skills.” They represent all the talents, abilities, strengths and qualities you have accumulated over the years. If you target opportunities that are consistent with your transferable skills, you’ll guarantee you will select a job opportunity that you’ll enjoy and grow with.

2. You must know what your options are. There are many exciting and intriguing job opportunities. You can fall into the trap of latching onto something just because it sounds good. Look before you leap. Get serious only about those jobs that match up with your capabilities profile.

Remember, the most important ingredient in you job search is YOU! That means depending on the knowledge and capabilities you have acquired on the job. Or the skills and strengths you’ve accumulated through life experience.

Posted by: Complaints

Author: Arnold Hernandez

The Americans with Disabilities Act has several sections among other things is addresses public accessibility and employment discrimination. The ADA prohibits covered entities from discrimination against qualified individuals with disabilities.

For purposes of the ADA in employment matters the term disabilities means that the impairment of the individual is one that substantially limits a major life activity. Moderate limitations on major life activities are insufficient to qualify the individual for coverage, this probably because almost everyone has some sort of limitation. Substantially has been interpreted to mean to a large degree and more than trivial. Impairments that have a minor impact in everyday activities that are basically a minor interference is insufficient for ADA protection to apply. There is no set rule or bright line as to what constitutes a major limitation, each case has to be viewed individually and the determination of ADA applicability has to be on a case by case basis.

The EEOC provides some guidelines in that they define substantially limiting as unable to perform a major life activity that the average person in the general population can perform or as a significant restriction. Generally speaking a person in a wheel chair would be covered, since walking is considered a major life activity that cannot be performed by such a claimant. For other claimants three factors are considered:
(1) the nature and severity of the impairment;
(2) the duration or expected duration of the impairment;
(3) and the actual or expected permanent or long term impact resulting from the impairment.

For purposes of the ADA the phrase covered entities includes an employer, employment agency, and labor organization. A labor organization and employment agency is defined as having the same definition as described under the Civil Rights Act of 1964, Title VII. The term employer means an employer which includes a natural person or a legal entity that is engaged in an industry affecting commerce with 15 or more employees on each working day in each of 20 or more calendar weeks in the current or preceding year.

There are a few exempt employers as follows:
(1) The federal government including corporations wholly owned by the federal government;
(2) Native American Tribes, which are generally exempt from almost all state laws and federal law;
(3) A bona fide, private membership club, exempt from income tax as nonprofit organization.

Religious organizations may discriminate to some extent. The religious organization may give employment preference to its own members and may require that all employees, including those with disabilities adhere to the religious beliefs of the religious organization and to conform to the its religious tenets. The religious organization cannot discriminate solely on the basis of the individuals disability.

To prove a case of discrimination the claimant has to show that:
(1) the claimant is an employee or prospective employee of the employer or prospective employer;
(2) the claimant has to prove a disability after taking into consideration corrective measures such as medication;
(3) the claimant has to prove discrimination;
(4) the claimant has to prove a causal connection between an adverse action against the claimant and the discriminatory conduct;
(5) and the claimant has to prove damages.

Under California Law the same basic rules apply. In California a claimant does not need to have a disability to be able to make a claim. If the employer terminates the employee or refuses to hire, because the employer believes the person to be disabled that is sufficient to make a claim, even if the employee does not have a disability. The act of discriminating because of a perceived disability is sufficient.

California Statutes specifically state that the employer is not prohibited from refusing to hire or from discharging an employee with a physical or mental disability, where the employee, is unable to perform his or her essential duties even with reasonable accommodations, or the employee cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations.

An employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, is also prohibited to harass an employee, an applicant, or a person providing services pursuant to a contract. California law is broad enough that it extends coverage to persons providing services pursuant to a contract. Harassment of an employee, an applicant, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action.

“A person providing services pursuant to a contract” means a person who meets all of the
following criteria:
(1) The person has the right to control the performance of the contract for services and discretion as to the manner of performance;
(2) The person is customarily engaged in an independently established business;
(3) The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work.

Posted by: Complaints

Author: Meredith Meek

“I cannot believe she filed for unemployment! She didn’t show up to work for 3 days and then has the nerve to try to get ME for unemployment!” This is feedback Arizona PEOs commonly heard from employers not using professional HR consulting services.

Most Arizona employers, particularly those with a high turnover, are painfully familiar with the blue and white envelope sent out by the Arizona Department of Economic Security (DES). That blue and white envelope contains a notice that a former employee has filed for unemployment insurance. Another painfully familiar part of the process is the disbelief that managers feel when they are notified that an employee who quit had the nerve to file for unemployment. How can managers effectively fight the increasing number of claims and protect their company’s experience rating? The best way to manage unemployment is by managing employees.

In the State of Arizona anyone can file for unemployment. Whether a claim is accepted or denied almost always hinges on how well the employee was managed. Employment relationships are terminated for any number of reasons; employees moving, needing more money, discharge for poor performance, bad fit on either side, lay off the list goes on. When it comes to managing unemployment claims, it is best to begin by managing the employment relationship at the beginning. Once that blue and white envelope arrives it is too late.

Begin the employment relationship by clearly outlining what is expected of the new employee. Do not assume that the employee will absorb all that is expected simply by being trained on the tasks of the new position. Arizona employee handbooks and detailed job descriptions are essential tools for employee management. These should be reviewed on the employee’s first day of work directly after new hire paperwork (tax forms, I-9, confidentiality agreement, etc.) is completed. A review of company policies on attendance, overtime, appearance standards, harassment, computer and phone usage, etc. must be clearly explained if the employee is to be held accountable. As for the responsibilities pertaining to the position, these should be presented in writing to ensure that both parties understand each other. If your company is operating without an employee handbook, employing an Arizona Human Resources outsourcing firm should be given strong consideration.

Now that the new employee has been given the ‘rules’ of employment, it will be easy for a manager to identify any noncompliance. Once an issue is identified, a manager must 1) confront the employee, 2) outline the infraction, 3) explain the desired behavior, and 4) document the interaction. Be sure to have the employee sign off on all written documentation. Consistently following these 4 steps of employee management is essential when appealing unemployment claims. If a DES claims adjustor determines that your former employee was unaware of a company policy or had no idea that he was doing something wrong, his claim will be accepted.

Ultimately the Department of Economic Security is trying to determine why the employment relationship ended and whether the employee deserves to receive an unemployment benefit. If an employee voluntarily quit her position it is up to the manager to convince DES that the employee was not acting in the company’s best interest, and more importantly, that she was aware of it. The back side of the Arizona Notice to Employer sheet (the one that arrives in the blue and white envelope) provides a blank area for managers to enter separation information. If an employee did not give notice of resignation - mention it. If an employee did not report to a scheduled shift - mention it. If attendance had been an issue with the employee - mention it.

For a manager who has consistently followed the 4 steps above, fighting the claim of a discharged employee will be easy. Detail warnings both verbal and written. If the employee was warned more than twice, use the exact words, more than twice.” If the employee was on his last warning, state that the employee knew that his job was in jeopardy. If there was a final incident, something that ultimately lead to the employee’s termination, recount the situation and who terminated the employee. Finally, sending copies of written warnings to DES will provide plenty of material for consideration.

When employers have not warned employees or made them aware of the expectations of their positions, employees who file for unemployment, no matter how unfair it seems, will very often be awarded unemployment benefits. For example, if an employee has an attendance problem and is never warned that attendance must improve, DES may view the time away from work as management approved. Addressing employee issues by documenting and communicating them is essential to fighting unemployment claims.