Employee Relations

Zip it! Keep all investigations confidential

07/17/2013

Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

Don’t worry a somewhat negative performance review will cost you a lawsuit

07/09/2013

Here’s one less thing to worry about when preparing performance reviews: Employees can’t use a poor review as an excuse to sue unless they can show it affected their job in some significant way, such as making the employee ineligible for a promotion.

Can we ban moonlighting?

07/08/2013

Q. We have an employee who recently started working a second job. We currently don’t have a rule against moonlighting, but now he frequently comes in late and tired. It’s really affecting his work. Are we legally entitled to ban second jobs?

Beware the potential legal risks of 360-degree performance reviews

07/08/2013

Seeking performance appraisal input from too many employees can cause problems if you’re sued by a terminated worker. The wider the net you cast, the more likely someone will be called to testify about his or her opinion of the discharged employee’s performance. The problem: If any of those co-workers retire, quit and move on, you may have trouble tracking them down.

Is body odor a real disability?

07/07/2013

Q. Several employees have requested that we talk to another employee who, frankly, smells bad. I know she has medical problems. Can we ask her to do something about the odor or would that be discrimination based on disability?

When firing, consider all the circumstances–but prepare for lawsuit

07/05/2013

Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. Your best defense against those lawsuits is to make sure you carefully document all discipline.

Worried promotion might fail? Take a chance anyway

07/03/2013

Some employees rise to a challenge; others don’t. If you are worried that an employee you want to promote might not succeed but want to give her a chance, go ahead. As long as you give her ample training, it won’t appear to be a setup.

Promotions vs. external hires: Who performs better?

07/03/2013

External hires receive significantly lower performance evaluations and higher exit rates during their first two years on the job than do internal hires who are promoted into similar positions, according to a study by management professor Matthew Bidwell.

Employees break world record by making 1,000 sandwiches

07/01/2013

Arlington, Va.-based Corporate Executive Board made the Guinness Book of World Records in May, but not for anything to do with its core business. Its feat: More than 500 employees pulled together to make 1,000 sandwiches in less than five minutes, which they donated to local food kitchens.

Poor review alone isn’t grounds for lawsuit

06/27/2013

Good news for bosses who get nervous when required to give poor performance evaluations: A negative performance review alone isn’t grounds for a lawsuit. It’s only if the review becomes the basis for discharge, demotion or a denied promotion that employees can take the matter to court.