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Employee Relations

Incompetence can’t turn manager into hourly

03/02/2012
Sometimes an employee pro­­moted to management just isn’t ready for new responsibilities. Maybe she’s having a hard time thinking like an exempt employee, longing for the days when she was entitled to breaks and overtime. Fortunately, if you discipline such employees for neglecting their duties, they can’t later claim they actually were hourly employees entitled to overtime.

Key to quick lawsuit dismissals: Clear documentation of discipline decisions

03/01/2012
It’s always wise to keep careful records showing exactly why you terminate employees. They’re crucial if an employee ever sues. By showing specific reasons why you fired someone, you will be able to show the court that the termination was appropriate.

Workers’ comp official charged with bribery

03/01/2012
Employers are always looking for ways to reduce their workers’ compensation costs. Maybe making off-the-books payments to a state official isn’t the best way to go about it …

Boss has ‘history’? Investigate independently

03/01/2012

When you have to investigate allegations that may lead to termination, it’s a good practice to conduct that investigation as independently as possible. That often means you will have to leave out of the picture any supervisors who have a negative history with the employee.

Problem employee both brash and unskilled? Focus on performance issues when disciplining

03/01/2012
Where should you focus if an employee is both difficult to get along with and doesn’t perform as well as she should? It’s actually an easy call. Avoid a potentially successful lawsuit by focusing on poor performance rather than demeanor or other subjective problems.

A 360-degree review can be used to show process was fair

03/01/2012

Some employees can never seem to see that their bad attitudes and behaviors cause workplace problems. Confronted with complaints, they inevitably claim their subordinates or customers are wrong. When they’re finally terminated, they’re quite likely to sue. That’s when it’s handy to have a performance appraisal process that uses 360-degree reviews.

Always assume termination will be challenged

03/01/2012

Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.

Fun, food, fundraisers keep workers on board

02/29/2012
A key to excellent customer service, notes Men’s Wearhouse CEO Doug Ewert, is “a fun, rewarding work environment that our customers also enjoy.” That environment, combined with exceptional service, he says, “keeps our customers coming back.”

Former employees to collect overdue profit-sharing funds

02/27/2012
Mentor-based North Coast Wood Products has settled a Department of Labor lawsuit alleging the company’s owner illegally diverted money from 11 participants in the now-defunct company’s profit-­sharing plan.

Just worried about discipline? Employee can’t sue yet

02/27/2012
Employees won’t get far if they try to sue their employer over discipline that has yet to occur.