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Employee Relations

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.

Worry about disciplinary inequities from one supervisor, not every boss

06/27/2013
Yes, all employees are supposed to be treated equally when they break the same rule. But when courts compare discipline, they don’t do so across the entire organization. They focus on one supervisor at a time. Company-wide variations are normal and not absolute proof of discrimination.

Create–and enforce–policy requiring honesty

06/26/2013
Employers want honest ­employees who don’t lie, cheat or steal. To encourage honesty, be sure your company has a policy requiring honesty. That way, it’s easy to terminate someone you believe has acted dishonorably.

Supreme Court defines ‘supervisor’ in bias cases

06/26/2013
In a major victory for employers, the Supreme Court has ruled 5-4 that, in Title VII discrimination cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The June 24 decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias.

Fair investigation all that’s needed to support discharge

06/24/2013
Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.

‘Wheel of Fortune’ could land worker in jail

06/19/2013
A North Carolina postal worker could wind up working in a prison mail room after pleading guilty to workers’ compensation fraud. Her problems began when former co-workers spotted her on the television game show “Wheel of Fortune.”

Speak freely to EEOC–it’s privileged communication

06/18/2013
Good news: You won’t be held personally liable—and neither will your company—for what you say in re­­sponse to an EEOC complaint. State­­ments made in an EEOC investigation are privileged.

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.

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013
You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.