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Productivity / Performance

Warn bosses about personal liability risk

08/07/2013
Remind supervisors that the integrity of the performance evaluation process depends on their honest assessment. Providing anything less may mean a court date and personal liability under North Carolina law.

Document stressful work conditions to defend against retaliation claim

08/05/2013

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny. That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership.

Annual reviews for part-timers: Are they required?

07/22/2013
Q. Are annual performance appraisals required for our part-time employees?  — Pamela, West Virginia

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.

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.

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.

4 keys for legally managing absenteeism

06/14/2013
The costs of absenteeism—in lost production, overtime and temp replacements for the absent worker—can add up quickly. Combat absenteeism with a clear policy, careful documentation and consistent discipline.