Employee Relations

Key to progressive discipline: Implement steps consistently, keep solid documentation

06/19/2018

If you have a progressive disciplinary policy that gives employees a chance to improve when they make mistakes, make sure you use it consistently. It will pay off if you follow your policy, fire an employee and the employee later decides to sue.

How to prep for flood of #MeToo complaints

06/14/2018

In a recent NPR radio interview, Society for Human Resource Management CEO Johnny Taylor reported that #MeToo has created an “HR level of activity like nothing we’ve ever seen.”

Greater experience is a legitimate reason to punish one employee more harshly than another

06/06/2018

Employees who have worked for their employer for a long time can be expected to know the rules and abide by them, while a new employee may not be as aware. That’s a legitimate reason to punish one employee more harshly than another. Just be sure you document the reason for differing punishments.

Explain different discipline for same offense

06/06/2018

If an employee can show that a worker who received more favorable treatment didn’t belong to the same protected classification, he has a potentially viable lawsuit. This is where details matter.

In #MeToo era, accused harassers may seek injunctions to stop internal investigations

06/05/2018

Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do irreparable harm to their reputations. And they’re not just threatening to file lawsuits.

Don’t let dumb comments derail discipline

05/31/2018

Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.

How to shift from managing performance to developing it

05/25/2018

In the current workforce—where talent is in shorter supply, and the nature of work has undergone significant changes—organizations must focus on developing people, rather than rating them. This requires a shift to performance development.

Patience and good records beat frivolous lawsuits

05/22/2018

Some poor performers don’t view their problems the same way supervisors do. They often fight back with frivolous lawsuits. Be prepared for those legal salvos by constantly maintaining documentation of employee performance.

Past good reviews may sink ADA/FMLA defense

05/22/2018

When an employee who has received excellent reviews asks for a disability accommodation, firing her for poor performance is bound to backfire.

Helping women rise: Supporting women through sponsorship, allies and mentors

05/18/2018

If you’re afraid your female employees aren’t ready for the challenges ahead of them, here are some things that you can do right now to close that gap.