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Productivity / Performance

Track discipline by protected characteristics

10/24/2008

Poor performers who think they have been discriminated against when fired, demoted or otherwise disciplined can still win a lawsuit—if they can show that others outside their protected class were just as lousy but didn’t receive the same discipline. Be ready to defend yourself with solid, carefully documented proof…

Teachers do the math, find their bonuses came up short

10/24/2008

North Carolina teachers reporting to school this fall found their state-awarded bonuses cut by 30%. Hundreds appealed to state Sen. Steve Goss, a former teacher, for help.

More employers create ‘bridge jobs’ to appeal to retirees

10/23/2008

New research shows that more workers of retirement age are staying in their current jobs or returning to work, in part because of the sinking economy and dwindling nest eggs. Many of these older employees aren’t seeking full-time return at their past pay rates. They’re hunting for “bridge jobs.”

6 ways to lead your team to maximum productivity

10/23/2008
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Nix the nicknames or ‘Grandma’ will get even

10/17/2008

Every workplace has managers who love to hand out nicknames to employees and co-workers. It’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense …

Document why termination was justified when employee can’t handle promotion duties

10/14/2008

Sometimes, employees who do great at one job lay an egg when promoted up the org chart. When that happens, and you find you have to terminate the employee, be sure to document exactly what went wrong. Otherwise, the employee may sue, claiming some sort of discrimination …

The changing face of the ADA: Complying with the new amendments

10/14/2008

On Jan. 1, 2009, the newly enacted ADA Amendments Act of 2008 (ADAAA) will go into effect. The law clarifies the ADA definition of disability and overturns certain U.S. Supreme Court decisions and EEOC regulations that narrowly interpreted the ADA …

No kid gloves needed: Discipline OK after employee complains

10/08/2008

Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn’t mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems …

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

Document every pay decision

10/03/2008

When you decide to give employees a pay raise—or deny them one—always document the reason. The key is contemporaneous, logical explanations. Few employees will succeed in proving that your reasonable rationale is really a pretext for some form of discrimination …