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Employee Relations

When discipline differs, be sure to document why

02/01/2013
Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.

Bonuses bounce back, with push from the top

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.

Abbott touts innovation to recruit, retain scientists

01/16/2013
Abbott Laboratories’ strategy for recruiting and retaining employees reaches beyond touting its health, retirement and work/life benefits. The Abbott Park, Ill., pharmaceutical company gives equal play to its employees’ cutting-edge research.

Layoffs looming? Use past reviews to decide who stays and who goes

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.

Be sure managers know they can’t discipline employees for using FMLA

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.

Hold bosses accountable for workplace problems

01/14/2013
Here’s an important concept to remember when disciplining managers: They are responsible for what goes on below them on the organization chart, whether they know the details or not.

Track all discipline and check for fairness

01/13/2013
Do you monitor all discipline and make sure employees who break the same rule suffer similar consequences? It’s the best way to win discrimination lawsuits.

Same incident, two punishments: Be able to explain why one was harsher

01/13/2013
You don’t always have to punish two employees who break the same rule exactly alike. Just make sure you explain the difference for the record. That kind of documentation will prove crucial if an employee decides to sue.

Be prepared to explain bonus before discharge

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.

N.Y. High Court rules on disciplinary definitions for public employees

01/13/2013
Although public employers may be aware of their obligation to provide certain types of employees with an opportunity for a hearing before imposing discipline (such as a written reprimand), the line be­­tween a nondisciplinary counseling memorandum and a disciplinary reprimand is not always clear.