Productivity / Performance

No need to give notice of demotion or pay cut

12/01/2004

Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we’d cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status? —L.K., Missouri

Govt. Rarely Requires In-House ‘Sick Area’

12/01/2004

Q. Is our company required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this? —V.A., Ohio

Include cash rewards in employees’ taxable income

09/01/2004

Q. When we win contracts, we recognize employees with cash awards. But these awards may be given to only the select few employees involved. Is this legally OK? —G.J., Alabama

Don’t lower standards for disabled staff

02/01/2004

Q. One of our employees has multiple sclerosis and isn’t meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

How to conduct positive, valuable assessments

11/01/2003

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You Shouldn’t Tie FMLA Leave to Workers’ Evaluation Date

10/01/2003

Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas

Enforcing Sales Quotas

03/01/2002

Q. As a large retail business, we employ several “demo staffers” who present products to shoppers in the hope they’ll buy them. Recently, given economic pressures, we’ve had to put increasing pressure on our demo staff to increase sales up to 200 percent. If a demo staffer doesn’t meet the new goal, can we terminate her? Do these workers have legal recourse should they be fired? —T.P., California