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Employee Relations

When performance slips, don’t let past good reviews affect decision-making

01/01/2013

Some employees do well for years, only to have their performance slip. There may come a time when you have to let the employee go. But what about all those glowing evaluations from years past? If you can prove that the employee’s performance has genuinely declined, those earlier evaluations won’t cause any trouble in court.

How to win discrimination lawsuits: Carefully document real performance problems

01/01/2013
Smart employers carefully track performance over the long haul—not just when a manager decides he’s had enough and wants to terminate an employee for poor performance. It’s important to lay the groundwork early on, especially if a new hire has obvious performance problems right after coming on board.

How to Create an Employee Performance Log

01/01/2013
Some managers tend to evaluate team members based on their most recent positive or negative encounter. This hap­pens most often when a manager has no record of an employee’s performance over the past months or year. It’s not a good way to conduct a review, and it’s not fair to the employee. An increasingly popular and easily imple­mented solution is to create an employee performance log.

New York towns may discipline cops outside terms of union contract

12/30/2012

A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.

The effects of stress on workplace performance

12/20/2012
Stressors like workload, people issues, lack of work/life balance and job insecurity can cause a dip in productivity at work, according to ComPsych’s 2012 Stress Pulse survey.

Investigations must be thorough, but not bulletproof to justify discipline

12/10/2012
Here’s some good news for those handling discipline and wondering whether your decision will stand up in court: You don’t always have to be exactly right, just fair and honest.

Workplace romance gone bad? Don’t hesitate to terminate if you perceive danger

12/01/2012
Not every romance ends happily ever after with a storybook wedding. But with the passage of time, most breakups don’t leave a lingering mess. That’s not necessarily true of workplace romances gone sour, where the former love birds may remain in regular contact with each other.

Track all discipline just in case employee sues

11/29/2012
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.