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Productivity / Performance

Discharging ill employee for performance? Better make sure you can prove it

Courts often suspect the worst when employers fire severely ill employees. A judge may bend over backward trying to find a way to help the employee. An employer that can’t offer concrete, solid and compelling reasons for the termination may very well find itself trying to defend a “regarded as disabled” lawsuit …

Consider telework’s impact on in-Office employees

The more teleworkers you have on staff, the more dissatisfied your nonteleworking employees are likely to be with their jobs. And, compared to employees who only work face to face with colleagues, they’re more likely to change jobs. Those are the findings of a Rensselaer Polytechnic Institute management professor …

How to Become a ‘Life Entrepreneur’

When organizations become stuck in a rut, they typically step back, make adjustments and develop an action plan that takes advantage of their strengths. Now take a look in the mirror: Do you approach your business and your life with the same entrepreneurial mindset?

Tell supervisors: No pregnancy comments allowed

It seems simple enough: No one should make cracks or comments about an employee’s pregnancy. Still, supervisors and managers often say things they shouldn’t, which can come together to form the basis for a Pregnancy Discrimination Act lawsuit …

In discrimination cases, don’t bet on Round 1 knockout

Discrimination cases typically have two stages. First, the employee must show that he is a member of a protected class, was qualified for the job he held, suffered an adverse employment action and a similarly situated person not in the same protected class was treated more favorably. Some federal trial judges recently construed the “similarly situated” standard very restrictively …

Should I stay or should I go?

It seems employees don’t want teleworking bosses, according to an Office Team survey …

The value of job descriptions—Even following termination

Q. How serious is it if an employer doesn’t have written job descriptions in place? Is it safe to draft them even after a termination that could result in a lawsuit? …

Paper evaluations? Switch to software to limit subjectivity

There’s no such thing as a completely objective performance evaluation. It’s impossible to totally eliminate manager subjectivity. That can become a legal problem when, for example, a poorly rated employee is promoted over a minority. Increased subjectivity is one of the main reasons employers should consider turning to performance evaluation software …

Which day is best to fire, hire or give reviews?

A study by consulting firm Challenger, Gray & Christmas reports that Mondays are the best days to terminate employees because it allows them to start looking for a job right away. Make job offers on Thursdays because candidates need time to think …

Tap into the lawsuit-saving power of self-reviews


When an employee sues over an alleged discriminatory firing, courts typically make a beeline for one piece of evidence: the employee’s performance evaluation. The problem: Supervisors are notorious for giving overly kind evaluations, even to poor performers. That’s why it’s wise to get another opinion: the employee’s own …