Productivity / Performance

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013

Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

Being sole minority employee doesn’t mean special protection

04/22/2013

How often have you worried about disciplining the only employee who belongs to a particular protected class? You probably feared that the employee would sue, alleging bias. Relax. Being the only black … or Asian … or female employee doesn’t confer any particular advantage in a discrimination lawsuit.

Poor performance–properly documented–warrants termination

04/15/2013

In almost every case, clearly documented poor performance will trump discrimination allegations. That’s especially true if you can offer examples going back a reasonable period of time.

In court? Turn over all relevant documents

04/15/2013

Here’s a warning for HR professionals who are reviewing personnel files for use in a lawsuit: Don’t even think about playing games with the judge by failing to hand over everything. For example, if you provide only negative information, chances are a judge won’t be pleased.

Older worker too slow? Firing isn’t age bias

04/01/2013

Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.

Effective evaluations are management tools, legal protection

02/25/2013

Ah, the “halo effect”—the practice of inflating an employee’s annual review to increase morale and avoid the unpleasantness of pointing out underperformers’ weaknesses. Too bad the halo strategy sparks legal risks.

Good performance reviews don’t outweigh later discipline

02/20/2013

Sometimes, an employee does something so outrageous that you have no choice but to fire her. If she sues, you may worry that her past good reviews will create trouble. They won’t if you documented the incident leading to the discharge.

Working at home boosts debt counselors’ productivity

02/19/2013

More than 60% of employees at Orlando, Fla.-based InCharge Debt Solutions work from home. The payoffs have been impressive.

Bonuses bounce back, with push from the top

01/22/2013

Bonuses are back, according to research conducted by the Hay Group. But with a pragmatic nod to today’s austere business environment, employers are taking a hard look at why they’re dishing out variable pay, what they want it to accomplish and how they decide who gets how much.

Layoffs looming? Use past reviews to decide who stays and who goes

01/14/2013

Smart employers use past performance rankings as the major criterion for laying off employees during a reduction in force. The reason is obvious: Since the rankings predate the layoff decisions, they’re almost impossible to challenge.