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Employee Relations

Prepare to show you impose discipline equally

01/22/2019
Would you be able to persuade a judge that every employee you have recently disciplined was treated the same as every other employee you have previously punished for the same infraction? It’s essential.

Beware close timing between discipline and employee’s request to take FMLA leave

01/22/2019
If you intend to discipline someone who is on or is about to go on FMLA leave, be sure everything about the disciplinary process looks legitimate and fair.

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019
Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.

Employers rethinking performance appraisals

01/20/2019
The performance review is getting a makeover, suggests new research from staffing firm OfficeTeam.

Count errors to make a solid case for discipline

01/16/2019
If it’s possible, quantify any mistakes employees make. For example, if you can count specific errors, track the number.

When it comes to discipline, details matter

01/16/2019
Smart employers are ready to counter charges of discrimination with details about the underlying reasons for discipline.

Take care when disciplining whistleblowers

01/10/2019
An employer must show it would have taken the same action against an employee even if he had not blown the whistle.

Document why you had to discipline difficult employees

01/08/2019
Some employees are competent but disruptive. At some point, you must decide: Is she worth keeping or is it time to terminate her? When making that decision, be sure to carefully document the disruptive behavior and which workplace rules she’s violating.

Track each supervisor’s disciplinary patterns

01/03/2019
Discrimination is often manifested by individual acts, not a systemic, organization-wide problem. That makes it important to track discipline by supervisor.

What is our obligation to warn about medical providers who are on probation?

12/22/2018
Q. We are a small medical practice. I heard that if one of our providers is subject to probation by their licensing boards, we must warn patients. Is this true?