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Employee Relations

Establish clear performance expectations so courts can judge if employee was meeting them

11/01/2010

Courts often hesitate to second-guess employers when they fire employees for what seem like honest reasons. And employers that set out clear performance expectations and then show how the terminated employee fell short rarely lose a lawsuit. That’s because, absent smoking-gun evidence of discrimination, fired employees have to prove they were meeting their employer’s legitimate expectations.

4 phrases that can sabotage job reviews

11/01/2010

When supervisors talk with employees about job performance, they must beware using common phrases that can unintentionally communicate the wrong message, or come across as too negative … or even legally dangerous. Feel free to share this “Memo to Managers” article with everyone in your organization who conducts performance reviews. Bonus: They’ll also learn the two phrases virtually guaranteed to spark a lawsuit.

Scam against Cisco could mean 20 years for IT manager

11/01/2010
An IT manager at the Woodbury-based Postal Credit Union has pleaded guilty to scamming computer giant Cisco Systems out of $388,000 by swapping allegedly defective Cisco parts for good ones and then reselling the replacements on the open market.

Fire blatant rule-breakers–even ‘top producers’

11/01/2010

Some employees think that being the best employee in a division or company means not having to follow the rules. That isn’t true and can be downright damaging to morale. If you decide to fire the employee because of disruptive and uncooperative behavior, don’t worry that he’ll win a lawsuit just by virtue of productivity.

If absenteeism not disability-related, feel free to discipline

11/01/2010

You should hold disabled employees to the same behavioral standards as other employees, unless there is a good disability-related reason to deviate from the rules. For example, if you set strict time limits for lunches and authorized breaks, there is no reason to give disabled employees more time unless allowing more time is a legitimate reasonable accommodation.

Tollway EEO officer claims punishment after complaints

11/01/2010
An Equal Employment Opportunity officer with the Illinois Tollway has sued the agency, claiming she was suspended in retaliation for two reports she wrote alleging contracting improprieties by its former chief procurement officer.

4 steps for implementing a variable pay program

10/26/2010
Making variable pay work requires lots of interaction throughout the organization before, during and after implementation. As the business unit most likely in charge of implementation, it’s up to HR to make sure that happens. Here’s how to do it.

Steamed at Maxwell House, employee wins reinstatement

10/25/2010

Francena Smith will return to her former job at Kraft Foods’ Maxwell House division in Jacksonville following an arbitrator’s decision. Smith filed an EEOC gender discrimination claim alleging she was disciplined more harshly than several male workers who were also involved in incidents at the plant that caused contamination of the coffee.

Document all efforts to investigate complaints

10/25/2010
One of the best ways to show you took a harassment or discrimination complaint seriously is to come up with figures quantifying your efforts to resolve it. A critical step: logging the number of hours you spent investigating claims, along with a detailed account of all the other steps you took.

Sudden discipline problems? Check for retaliation by boss

10/25/2010

Some supervisors get angry when an employee complains about alleged discrimination. Then they may look for an excuse to discipline the employee. Watch for such sudden complaints of “poor performance.” If the worker was formerly a good employee and now suddenly is not, you may be staring down a sudden outbreak of retaliation.