Employee Relations

Document poor performance, reasons for discipline

01/17/2020

Always document how employees perform and how you handle discipline. If an employee isn’t doing her job to your expectations, create detailed notes describing exactly what she’s doing wrong.

Employer doesn’t have to prove poor performance

01/17/2020

When it comes to whether an employee is meeting employer expectations, courts almost never look closely at the specifics of that performance. If the employer honestly believes the worker isn’t doing her job, the court won’t second guess.

Document poor performance as it happens

01/14/2020

It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court.

Determining staff workload

01/10/2020

What’s a reasonable workload for a given position? Your employee should be able to maintain high-quality work, produce the necessary output, and be challenged but not overly stressed. Consider these factors.

Prevent bias lawsuits: Never simply rubber-stamp boss’s discipline recommendation

12/26/2019

Before approving a supervisor’s recommended disciplinary action, HR should conduct an independent investigation. It needn’t be extensive, but it’s essential to document that you checked into the facts of the case.

Review disciplinary records to uncover hidden supervisory discrimination

12/18/2019

Before discharging an employee for violating a rule, make sure that he or she really did commit an infraction. Be particularly alert for the possibility that a supervisor might have tried to manipulate the rules to get an employee to break one.

Mere threat of discipline is no reason to quit

11/30/2019

Employees who quit can still sue their employers just as if they had been fired for an unlawful reason—under very limited circumstances.

Ensure disciplinary documents contain enough detail to justify harsh punishment

11/30/2019

Details are especially important when different employees break similar rules and you punish some more harshly than others. You need to be able to show why you fired one employee while another whose misconduct was identical was allowed to keep his job.

How to have those ‘tough talks’ with employees: 10 tips

11/21/2019

Tough conversations can actually strengthen relationships and help both parties grow personally and professionally—if you handle them the right way. Here are 10 tips for having those difficult conversations from Quint Studer, author of the bestseller The Busy Leader’s Handbook.

Internal harassment complaints: Avoid these 5 mistakes

11/19/2019

Receiving an internal harassment complaint is a critical moment for an employer. How you handle the complaint can affect workplace morale, the likelihood of a lawsuit or an administrative charge and the defenses available to you as an employer, among other things.