Productivity / Performance

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.

Waiting to fire slacker? Document your concerns

06/11/2013

If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.

To build high performance, remember the power of ‘Thank you!’

06/11/2013

In every workplace and on every team, all people have the innate desire to feel appreciated and valued by others. Leaders of teams—and team members themselves—should work to encourage a culture of appreciation.

10 ways to increase use of your employee assistance plan

05/21/2013

Is your organization reaping the full financial benefits of having an employee assistance program? If your employees aren’t using it, probably not.

Fix racial harassment before hostile environment starts affecting employee performance

05/10/2013

Employees who have to work in a hostile work environment may have a hard time doing their jobs well. When resulting poor performance leads management to fire someone, expect trouble. Your best bet is to address any hint at a hostile work environment right away.

Unseen lawsuit peril: Too much performance input from too many co-workers

05/09/2013

Seeking performance appraisal input from too many employees can cause problems if you’re sued by a terminated worker. The wider a 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.

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013

Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

Being sole minority employee doesn’t mean special protection

04/22/2013

How often have you worried about disciplining the only employee who belongs to a particular protected class? You probably feared that the employee would sue, alleging bias. Relax. Being the only black … or Asian … or female employee doesn’t confer any particular advantage in a discrimination lawsuit.

Poor performance–properly documented–warrants termination

04/15/2013

In almost every case, clearly documented poor performance will trump discrimination allegations. That’s especially true if you can offer examples going back a reasonable period of time.