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Productivity / Performance

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …

Should we offer reasonable accommodations even if our employee hasn’t asked?

02/24/2009

Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?

No need to accommodate shorter commute

02/24/2009

Employers have to make reasonable accommodations for employees or applicants who have disabilities—and those accommodations may include assignment to an open position. But if the underlying reason for an employee’s request to transfer to an open position is that a medical provider recommended a shorter commute, you don’t have to make the accommodation.

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

20 tips for motivating your employees

02/24/2009

In addition to setting goals and tracking progress, it’s the manager’s job to help motivate their workers toward excellent performance. Here are 20 simple motivational tools to keep in your bag.

Record number of employers dispute unemployment claims

02/19/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.

How should we handle layoffs without risking discrimination claims?

02/12/2009

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

Employees dozing at the desk? Offer them pillows

02/11/2009

If the worrisome economy is keeping your employees up at night, offering them a place to nap during the afternoon could help them get their work done. Nearly 30% of employees admit they have fallen asleep on the job, and 12% say fatigue has made them late for work, according to a National Sleep Foundation poll.

Ensure supervisors understand importance of documenting accommodations process

02/05/2009

The ADA requires employers to reasonably accommodate disabled employees and applicants. To decide what those accommodations will be, both sides are supposed to engage in an interactive process. If that process breaks down, a court will try to determine who was responsible for the impasse—and good records are key to winning that fight.

What should we do? Employee wants a transfer as a reasonable accommodation

02/02/2009

Q. One of our employees recently developed a condition that makes it difficult for her to perform the essential functions of her job. She has asked to be transferred to a job she can perform. Are we obligated to do this?