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Productivity / Performance

Good and accurate records key to winning lawsuits early

11/01/2007

The sooner you resolve lawsuits, the better. That’s why it’s important to anticipate problems and plan for them. Take, for example, employee records. If you can easily produce statistical information on the race, sex, age or other protected characteristics of your employees, you often can persuade an attorney fishing for a lawsuit that the waters are empty.

Get input from several managers before firing problem worker

11/01/2007

If you have long-term employees whose performances are deteriorating, step carefully. Their long histories with the company could mean you’ll have a hard time justifying terminations even in light of poor performances. Instead of jumping the gun and firing immediately, take your time. In fact, it may be a good idea to allow more than one supervisor to witness each declining employee performance up close …

It’s disabled employee’s burden to show qualification

11/01/2007

The California Supreme Court has made it easier for employers to comply with the disability discrimination provisions of the Fair Employment and Housing Act (FEHA). The court ruled that employees must prove they are qualified for the jobs they seek, not the other way around …

Want productive employees? Let them have windows

11/01/2007

Employees are more productive if they have windows in their work areas, according to a recent study. That’s one reason the new SAP labs in Palo Alto have incorporated lots of windows. Does it really work? …

Aging work force requires vigilance against discrimination

11/01/2007

As baby boomers age, more Americans say they expect to keep working longer than their parents did. That means more older job applicants—and more age-related lawsuits. Defend against this coming onslaught by taking extra care to document your disciplinary decisions to make sure age isn’t a factor …

OK to discipline complainer who doesn’t perform

11/01/2007

Sometimes, the wrong messenger delivers bad news. That’s what happens when a poorly performing employee comes forward with a discrimination complaint. If your investigation finds that the complaint has merit, but you decide you need to fire the worker anyway, how should you proceed? Aren’t you just guaranteeing you’ll be hit with a lawsuit? …

8 little things managers can do to retain the best

11/01/2007
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Saying ‘Start looking for another job’ can mean unemployment comp liability

11/01/2007

Employers that tell workers to “start looking for another job” may find themselves paying unemployment compensation when the employees do just that—by quitting right away instead of waiting for the pink slip …

Make sure job descriptions accurately list qualifications

11/01/2007

Accurate, up-to-date and comprehensive job descriptions are essential in defending against all manner of employee lawsuits. As the following case shows, you can’t argue that an applicant doesn’t have the necessary experience or education if your job description doesn’t list those qualifications …

Court: If employees hold the job, they’re ‘Qualified’

11/01/2007

Employers are finding it harder to get age discrimination cases dismissed early. They also are learning that beating age discrimination suits requires rock-solid evidence of fair and equal treatment—and a genuine, legitimate reason for discharging the employee that has nothing to do with age …