• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Productivity / Performance

Be sure managers know they can’t discipline employees for using FMLA

01/14/2013
Don’t let an angry manager turn routine FMLA leave into expensive and time-consuming litigation. Make sure all supervisors understand their FMLA obligations—and that they have no choice but to cheerfully allow em­­ployees to exercise their rights.

Be prepared to explain bonus before discharge

01/13/2013
Do you hand out periodic bonuses to employees? If so, be sure you can clearly describe how you calculate bonuses and what em­­ployees need to do to receive one. If you must later terminate an employee—and claim poor performance was the reason—she may point to the bonus as proof you fired her for discriminatory reasons.

To err is human: Fear of failure at work

01/08/2013
Wonder what your organization’s staff is stressing over? For 28% of employees in a new Accountemps survey, it’s making a mistake at work.

When performance slips, don’t let past good reviews affect decision-making

01/01/2013

Some employees do well for years, only to have their performance slip. There may come a time when you have to let the employee go. But what about all those glowing evaluations from years past? If you can prove that the employee’s performance has genuinely declined, those earlier evaluations won’t cause any trouble in court.

How to win discrimination lawsuits: Carefully document real performance problems

01/01/2013
Smart employers carefully track performance over the long haul—not just when a manager decides he’s had enough and wants to terminate an employee for poor performance. It’s important to lay the groundwork early on, especially if a new hire has obvious performance problems right after coming on board.

How to Create an Employee Performance Log

01/01/2013
Some managers tend to evaluate team members based on their most recent positive or negative encounter. This hap­pens most often when a manager has no record of an employee’s performance over the past months or year. It’s not a good way to conduct a review, and it’s not fair to the employee. An increasingly popular and easily imple­mented solution is to create an employee performance log.

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.

The effects of stress on workplace performance

12/20/2012
Stressors like workload, people issues, lack of work/life balance and job insecurity can cause a dip in productivity at work, according to ComPsych’s 2012 Stress Pulse survey.

Performance slipping under new supervisor? Find out if standards have changed

11/12/2012
If a former employee sues after being fired for poor performance, his attorney will almost certainly ask to look at past performance appraisals. Any that indicate the employee had previously been doing a good or excellent job may be used against you as proof the employee was fired for illegal reasons.

Discipline OK even if employee has complained

11/01/2012
Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.