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Employee Relations

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.

Do your employees trust their co-workers?

09/10/2012
U.S. workers may not trust their boss, but they do trust their colleagues. More than a third of workers (34%) say they “very much” trust their work colleagues and another 38% say they “moderately” do, according to a survey by consultant Lee Hecht Harrison.

Company’s survey succeeded because of employee trust

09/06/2012

After a major merger, Sims Metal Management in Princeton, N.J., polled employees to learn how engaged they were in their work, and got an overwhelming response. More than 90% of the employees responded to the organization’s first-ever employee engagement survey.

Stop the stragglers: 7 ways to start meetings on time

09/05/2012

Years ago, Jon was part of a three-member team with an important daily 10 a.m. meeting. The other two members were routinely late. “I had a decision to make,” he says. “What if I set the expectations for this team meeting going forward? What if I started the meeting on time—all by myself?” That’s exactly what he did.

Past reviews don’t prove today’s performance

09/03/2012
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

No unemployment if employee quits during investigation

09/01/2012
An employee who quits during a suspension and pending investigation isn’t eligible for unemployment benefits.

Fired employee reinstated? That doesn’t excuse more misbehavior or poor performance

09/01/2012
Take heart if you have ever de­­cided to reinstate an employee or re­­scind discipline because the employee threatened litigation. Doing so won’t wipe clean his disciplinary record or imply that you admitted he’s living up to your expectations.

HR investigations: Good faith–not perfection–required

09/01/2012
Courts don’t expect perfection from an HR investigation. They just want to see that someone in authority took reasonable steps to learn the truth.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Worker fired for gross misconduct? No COBRA

09/01/2012
Employers can’t terminate em­­ployees just because a sick dependent increases health insurance costs for the employer. That violates ERISA. But if the employee is terminated for unrelated gross misconduct, he has no ERISA or COBRA claim.