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Response: When You Can Require Counseling for Workers

get help!Brent, this used to be less of a problem, but recent case law suggests that requiring counseling now may be the equivalent of requiring a medical examination. This means there can be implications under the Americans with Disabilities Act. Requiring counseling would then have to be “job-related and consistent with business necessity.” 

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Part 4: Complaints, Protection, Confidentiality and Trust

trusting leadersI can see where if you deal with complaints in a regular process, and document them, it makes for good protection. Two comments, though, one about confidentiality, and one about trust. In a perfect world, people see leadership as benevolent, compassionate, trustworthy (don’t laugh! I am going somewhere with this!). However, the reality is that we each project our own ... 

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Part 3: Some Points About Your Policies - Protecting and Reporting

whistle blower policiesLet’s talk about policies—the types of policies you should have and how people can report without either personnel or the company running into problems with retaliation. Your conduct and discipline policies should also prohibit retaliation, and a separate whistle-blower policy is a good idea. An important piece in avoiding sticky situations is to have a complaint or grievance procedure. 

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Part 2: How Whistle-blowing is Protected and Why You Want it Anyway

Hi Brent, Back in law school, sometimes the prof would weave the entire semester’s legal principles into one diabolical hypothetical, and the single exam question would be your entire grade for the course. The general answer is that Mission Leader in your hypothetical is in big trouble, and the mission is probably now facing a lawsuit. 

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Part 1: Opening a Can of Worms - Investigations, Whistle-Blowing and Retaliation

Retaliation or whistle-blower lawsuits are the hottest thing in employment litigation, and missions should be aware of this. Good policies are important.  Missions should encourage internal reporting of the violation of these policies, and have a well-defined investigation process. Leaders should also know how to avoid issues with retaliation, including how to deal with troublemakers. Read More→

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Do I Have to Work on Sundays?

Some jobs require a person to work on the Sabbath. Does the law require you to work on your Sabbath, or does your employer have to accommodate your religious beliefs and let you go to church (or mosque or synagogue or temple)? As attorneys love to say, that depends. Two recent cases in late 2012 give some idea of how employers’ and employees’ rights are balanced in the context of time off for worship. Both cases are based on Title VII, which prohibits employers from discriminating based on religion (and includes all aspects of religious observance and practice)—unless the employer can demonstrate that it cannot reasonably accommodate the religious observance without undue hardship.

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Expectations Are Embedded in Ritualizing Milestones

missionary lifecycle ceremoniesTheresa – Clearly articulating the vision throughout the life of the missionary, and “ritualizing” it into the developmental milestones (such as a local church dedication service) creates an awareness in all the parts (the church, supporters, family, mission) of the multiple possible futures of this mission life... 

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Check the Box or Build the Body? Why Legal and Psychological Care are an Important Part of the Mission

member care of missionariesBrent, sometimes your area and mine — human resources and crisis management — are seen as necessary but dull policy stuff that must be taken care of, but are boring and irrelevant to the mission. I disagree — I see healthy psychological and legal services as building up the body of Christ. Member care and crisis management should be embraced as a component of Christian community and the love that marks Christians... 

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