Employee Relations

Ultimate lawsuit preventive: Proof of poor performance

02/21/2018

Employers that track poor performance and can clearly justify reasons for discharge rarely lose lawsuits. That’s because, unless there is solid proof of bias, poor performance will always trump spurious arguments about alleged discrimination.

Impartial discipline: The best defense against bias claims

02/20/2018

Treat all employees impartially and you’ll rarely end up on the losing end of a discrimination lawsuit.

No slack for employees who take FMLA, then get caught breaking your rules

02/20/2018

Employees who take FMLA leave are not immune to discipline discovered while they are out on FMLA leave or after they return to work.

Good records get lawsuits dismissed fast

02/14/2018

Employers that have well-documented business reasons for every discharge typically win lawsuits that allege discrimination. Good records force employees to prove that an allegedly legitimate reason for firing was a pretext for covering up discrimination.

Influence when you aren’t the boss

01/25/2018

You don’t need a title or boatloads of authority to influence people. Here’s how to lead others and influence them to get things done, even if you aren’t the boss.

‘Body cams’ for managers & employees: Is it time?

01/25/2018

Body cams are now common among police, but some employers see them as a way to monitor performance and sort out he-said/she-said arguments.

Beware discipline after employee talks to EEOC

01/10/2018

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

Probation office head could face jail time for theft

01/05/2018

The former head of the Perry County, Pennsylvania Probation Office faces two third-degree felony theft charges after he gave himself an advance for work to be performed.

Meet the new boss, who is entitled to set new expectations regardless of past measures

01/05/2018

Sometimes, a long-term and apparently successful employee may not adjust well to a new supervisor—especially if that supervisor brings new or different performance expectations about the employee’s job.

Your good disciplinary records will almost always beat employee’s retaliation claim

01/02/2018

If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.