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Productivity / Performance

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

Can fired poor performer receive unemployment benefits?

10/03/2011
Q. One of our employee’s job performance no longer meets our standards. While she used to be a good worker, she’s now making a lot of errors, coming in late from time to time and not getting along with her co-workers … If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation?

Poor performer has complained? Read this before firing!

09/28/2011

Employers usually don’t have a problem terminating an em­­ployee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the em­­ployee and face a potential retaliation suit?

Don’t let fear prevent firing of whistle-blower: Your complete records will back you up

09/23/2011
Some whistle-blowing employees think they can’t be disciplined if they report alleged wrongdoing to authorities or upper management. That’s not true. Employers can always discipline employees who break rules or perform poorly. The key is fairness and equal treatment.

Remind supervisors: Constructive criticism is expected–not an excuse for employees to sue

09/02/2011

Some employees are overly sensitive. They may perceive punishment or discrimination in something the boss considers merely constructive criticism. Tell supervisors: Don’t shrink from offering criticism, even in the case of a high performer who otherwise has earned a good evaluation.

Are there perils in giving a pay raise in hopes of boosting employee performance?

09/02/2011
Q. About four months ago, we gave a pay raise to a marginal employee who is pregnant, in hopes that it would improve her job performance by boosting her morale. Unfortunately, her performance has gone from bad to worse. If we fire her for poor performance, can she successfully argue that the recent raise indicates that she was performing well and that our reason for terminating her was discriminatory?

Note to thin-skinned employees: Constructive criticism doesn’t qualify you for unemployment

09/02/2011

Employees who work under genu­­inely intolerable conditions can quit their jobs and still collect un­­em­­ployment compensation. But those situations are rare—and don’t provide cover for overly sensitive workers. Supervisors routinely criticize employees and offer suggestions for improvement. That’s normal and doesn’t constitute harassment.

Keep meticulous employee performance records

08/26/2011
Face it: One of these days, a disgruntled former employee will sue your organization. You can’t predict which one—or for what reason. That’s one of the most important reasons to keep detailed and meticu­­lous records on employee performance.

Is it legal for employees to secretly record their performance evaluation meetings?

08/26/2011
Q. One of our employees secretly used his iPhone to make an audio recording of his review meeting. Is that legal?

Placed on PIP? That’s no reason to quit

08/26/2011
Employees placed on performance improvement plans (PIP) sometimes suspect that they are about to be fired. But that doesn’t mean they can jump the gun, quit and apply for unemployment compensation.