Employment and Labor Relations

I'm considering discipline for an employee I supervise. What do I do?

First, call your human resources consultant or college human resources representative. Make sure you know what category of employee (e.g., civil service, academic staff, unionized, etc.) you are concerned about, and the applicable employment rules. Inform the employee of the allegations and give the employee an opportunity to respond. Your human resources consultant or representative can help you work through these steps properly.

Who handles workers' compensation?

All questions involving workers' compensation should be addressed to the University of Minnesota workers' compensation office at 612-627-1859; the office is located at 1313 Fifth Street SE #325, Minneapolis, MN 55414. Your supervisor should have forms and be able to assist in reporting any injuries. Workers' compensation is administered by the University's Office of Risk Management, not by the Office of the General Counsel.

My department wishes to hire an instructor who needs a visa to work in the United States. Can the instructor begin teaching classes while his visa application is pending with the INS?

No. Under the Immigration Reform and Control Act of 1986, it is illegal for an employer to hire an alien who does not have valid work authorization. A pending visa application with the Immigration and Naturalization Service (INS) does not constitute work authorization. Therefore, this individual should not perform any services for the University before the appropriate visa is issued. Further, it is the position of the INS that services performed without pay while a visa application is pending cannot be considered bona fide volunteer work and therefore also constitute illegal employment. For other information on visa status and work authorization, contact International Student and Scholar Services at 612-626-7100.

I need some guidelines for interviewing prospective employees. Can you help?

For specific questions regarding interview questioning, contact the Office of Human Resources, the Equal Opportunity and Title XI office, or the Office of the General Counsel. For the interviewing process, best management practices include: 1) creating a list of written interview questions before interviewing begins; 2) writing the questions based on the job description, specifically the skills, abilities, and experience required for the position; 3) asking the same questions of all candidates; 4) making objective and factual notes of each interview; and 5) selecting the candidate who is most qualified or at least as qualified as other candidates in comparison to the selection criteria that you established.

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