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Productivity / Performance

Accommodated worker failing? You can terminate

06/11/2008
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? …

Transparency is key to lawsuit-Proof promotions process

06/09/2008
If, like most organizations, you prefer to promote from within, here’s a good rule of thumb: Follow careful procedures in your selection process. That way, you can choose the best applicant for the job and also be able to easily justify your selection if a disgruntled and rejected applicant sues …

Building case for firing employee is OK—If it’s legitimate

06/09/2008
By all means, supervisors and managers should build a strong case for discharging a poorly performing employee before issuing a pink slip. However, they must make sure their motivations for compiling a record of poor performance are legitimate—not just fishing expeditions designed to look for excuses to fire …

Use performance evaluations to pinpoint problems—And follow up

06/09/2008
There’s no point in completing performance evaluations and suggesting areas in which employees could improve if no one follows up. The best approach is to schedule an interim review for an employee who needs improvement. Then tell him what he needs to do before the next review …

Ask managers to set a good example … by going on vacation

06/06/2008
Your organization’s employees no doubt believe they’re entitled to take all the vacation days they earn. So why do they leave so many on the table? A new survey from travel site Expedia says 92% of employees embrace their rights to take their vacations, yet one of every three is “vacation deprived” …

Keep Gen Y’ers with pay for performance and lots of options

06/06/2008
Your youngest employees have parents who raised them in a culture of rewards: They got money, gifts or privileges for doing their chores and earning good grades. Here are some strategies for attracting, motivating and keeping your Generation Y employees …

Just asking for help doesn’t trigger accommodation process

06/04/2008
If employees’ disabilities aren’t obvious, the ADA doesn’t protect them if they don’t make it clear they have a disability. Only after an employee reveals he has a disability are you obligated to pursue reasonable accommodations. Vague requests such as asking for “more help” aren’t enough to trigger the ADA …

Tell supervisors: No stereotyping based on national origin

06/03/2008
It’s important to remind all supervisors to judge employees on their individual merits—and not to indulge stereotypes. As the following case shows, using stereotypes in any critique of job performance may be enough evidence of national origin discrimination to merit a possible jury trial …

Fire away … but be prepared to defend terminations

06/03/2008
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

Objective evaluations get lawsuits dismissed

05/27/2008
The quality of your performance evaluation process—whether it is objective or subjective—can determine how a discrimination lawsuit turns out. Handle evaluations improperly, and a case can linger for months. Do it the right way, and the case may be dismissed immediately …