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Productivity / Performance

Good evaluation, raise don’t invalidate retaliation claim

06/01/2007

Ever since the U.S. Supreme Court made it easier to charge retaliation for complaining about alleged discrimination, the courts have been flooded with new cases probing the limits of the ruling. The new test is whether an employer’s action would “dissuade a reasonable worker from making or supporting a charge of discrimination”…

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …

Classic case of age discrimination costs Lucent $195,000

06/01/2007

A 55-year-old estimator who was laid off after 34 years with Lucent Technologies, based in Murray Hill, won a significant settlement in a textbook age-discrimination case …

Track customer complaints—you may need them later

06/01/2007

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints …

Texas high court rejects employer liability for worker conduct

06/01/2007

The Texas Supreme Court recently issued two decisions limiting when employers can be held responsible for the wrongs committed by their employees. The cases offer hope that employers won’t always bear the brunt of their employees’ wrongdoing, as has often been the case in the past …

Solve employee conflicts–in just one hour

06/01/2007
Significant problems occur when employees with differing responsibilities need to cooperate—and don’t. Here’s a five-step plan for a one-hour solution that can help employees understand each other.

Is it time to ban BlackBerrys from company meetings?

05/21/2007

A new survey shows that employees are becoming increasingly comfortable checking their e-mails in the middle of meetings. But do those numbers make the practice OK, and does your organization need to lay down the law on when and how mobile devices can be used? If your organization is going to allow employees to use mobile devices during meetings, pass along these tips …

Court: Intermittent FMLA leave won’t cover tardiness, bathroom breaks

05/15/2007

Employees are becoming well versed in the FMLA game, and you’re paying the price. Unscheduled intermittent leaves now account for a huge portion of all FMLA leaves of absence. And while the law does allow employees to take FMLA leave in small bites for a doctor’s visit or to care for a sick relative, it doesn’t give them unfettered rights to random work breaks or to arrive late without a good excuse …

Use job-Related standards to kill discrimination suspicion

05/01/2007

Do you have clear and objective criteria for internal promotions? Prepared to justify those criteria as business-related? If so, you have little to fear from employees who were passed over for a promotion even if that means your management isn’t a perfect reflection of the racial makeup of the local work force …

Independent investigations are key to making decisions stick and avoiding retaliation claims

05/01/2007

Employees who file EEOC or internal complaints charging discrimination often behave as if their complaint is a job guarantee. Approach them about performance problems, and they immediately cry “retaliation.” But you can’t allow your workplace practices to be held hostage if you have legitimate concerns about performance …