05/01/2013
Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.
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04/22/2013
How often have you worried about disciplining the only employee who belongs to a particular protected class? You probably feared that the employee would sue, alleging bias. Relax. Being the only black … or Asian … or female employee doesn’t confer any particular advantage in a discrimination lawsuit.
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04/15/2013
In almost every case, clearly documented poor performance will trump discrimination allegations. That’s especially true if you can offer examples going back a reasonable period of time.
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04/15/2013
Here’s a warning for HR professionals who are reviewing personnel files for use in a lawsuit: Don’t even think about playing games with the judge by failing to hand over everything. For example, if you provide only negative information, chances are a judge won’t be pleased.
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04/01/2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.
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02/25/2013
Ah, the “halo effect”—the practice of inflating an employee’s annual review to increase morale and avoid the unpleasantness of pointing out underperformers’ weaknesses. Too bad the halo strategy sparks legal risks.
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02/20/2013
Sometimes, an employee does something so outrageous that you have no choice but to fire her. If she sues, you may worry that her past good reviews will create trouble. They won’t if you documented the incident leading to the discharge.
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02/19/2013
More than 60% of employees at Orlando, Fla.-based InCharge Debt Solutions work from home. The payoffs have been impressive.
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01/22/2013
Bonuses are back, according to research conducted by the Hay Group. But with a pragmatic nod to today’s austere business environment, employers are taking a hard look at why they’re dishing out variable pay, what they want it to accomplish and how they decide who gets how much.
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01/14/2013
Smart employers use past performance rankings as the major criterion for laying off employees during a reduction in force. The reason is obvious: Since the rankings predate the layoff decisions, they’re almost impossible to challenge.
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01/14/2013
Don’t let an angry manager turn routine FMLA leave into expensive and time-consuming litigation. Make sure all supervisors understand their FMLA obligations—and that they have no choice but to cheerfully allow employees to exercise their rights.
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01/13/2013
Do you hand out periodic bonuses to employees? If so, be sure you can clearly describe how you calculate bonuses and what employees need to do to receive one. If you must later terminate an employee—and claim poor performance was the reason—she may point to the bonus as proof you fired her for discriminatory reasons.
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01/08/2013
Wonder what your organization’s staff is stressing over? For 28% of employees in a new Accountemps survey, it’s making a mistake at work.
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01/01/2013
Some employees do well for years, only to have their performance slip. There may come a time when you have to let the employee go. But what about all those glowing evaluations from years past? If you can prove that the employee’s performance has genuinely declined, those earlier evaluations won’t cause any trouble in court.
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01/01/2013
Smart employers carefully track performance over the long haul—not just when a manager decides he’s had enough and wants to terminate an employee for poor performance. It’s important to lay the groundwork early on, especially if a new hire has obvious performance problems right after coming on board.
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