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Productivity / Performance

‘Job commitment’ is valid reason to reject an applicant

12/01/2006

When it comes to evaluating applicants, you can consider factors like evidence of the employee’s commitment to the job and the likelihood he won’t stick around. That’s true even if it means you don’t hire an older applicant who worked for your organization in the past and received good reviews …

U.S. Steel wins ADA case; worker couldn’t do ‘Essential’ parts of job

12/01/2006

U.S. Steel Corp. did not violate the ADA when the company terminated a senior technician due to a degenerative lower back condition, a federal district court judge ruled in a Pennsylvania case …

Denial of lateral transfer isn’t an ‘Adverse job action’

12/01/2006

Employees who think a supervisor is treating them unfairly and suspect discrimination often will look for an escape. One tactic is to ask for a transfer to another department or location. Don’t think that you’re required to acquiesce …

Discrimination lawsuit by lesbian nurse fails in court

11/01/2006

A federal judge in the Northern District of Texas recently dismissed a Title VII discrimination lawsuit brought by a lesbian nurse who claimed that she was fired because of her sexuality and appearance …

Layoff choices: Focus on performance, not just salary level

11/01/2006

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That’s a recipe for an Age Discrimination in Employment Act lawsuit …

Prepare to justify answers with solid business reasons

11/01/2006

While many employees view a transfer to a different location as a positive career move, others don’t see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development …

Carefully craft an escape clause in all job contracts

11/01/2006

If you use employment contracts for independent contractors or senior-level managers, make sure those contracts contain enough "wiggle room" to terminate for cause based on your subjective performance assessment …

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …

Workers’ comp liability for aging employees

11/01/2006

Q. One of our employees is over age 70 and has had a broken foot, memory problems and a recent car wreck that caused some residual problems. Should we allow her to work? What can we do (if anything) to protect ourselves from potential workers’ comp claims should she injure herself?

Setting deadlines for employees: 4 do’s and don’ts

11/01/2006
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