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Productivity / Performance

Track potential disciplinary problems as they occur

01/21/2011
For most problem employees, deteriorating behavior and performance is a gradual process. Smart employers track the downward trajectory along the way.

After employee has complained, be prepared to defend even minor work changes

01/21/2011
Employers can defend against alleged retaliation by showing they had a good reason for the adverse action. For example, if a supervisor moves an employee to another position for a legitimate management reason, that’s not retaliation. Consider the following case.

When deciding on employee discipline, you don’t have to be absolutely right–just fair

01/21/2011

Supervisors have to make decisions on how to run the workplace every day. They can’t spend hours deliberating every move. Imagine how little actual work would get done if supervisors had to double-check every decision to make absolutely sure it was correct. Fortunately, courts don’t require perfection from employers—just assurance that they acted fairly and in good faith.

5 mistakes to avoid when recognizing employees

01/18/2011
If a star employee has ever surprised you during an exit interview by saying she had been dissatisfied with her job for a long time, you’re not alone. It’s common to find a vast divergence between employee satisfaction and management’s take on the situation. Managers frequently make five big mistakes that can send your valued employees packing. Luckily, they’re easy to fix.

Best way to thwart discrimination lawsuits: Have manager who hired also handle the firing

01/14/2011

It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.

When worker may have broken rules, conduct independent investigation to confirm suspicions

01/14/2011
The possibility of hidden bias is what makes it so important to never base a termination decision solely on one person’s recommendation. The key is to cut the connection between the supervisor’s attitude and the company’s termination decision.

Three’s a crowd: Can an employee bring someone else along to his performance appraisal?

01/07/2011
Q. An employee has asked to have his wife present during his performance evaluation. Does he have the right to bring a representative?

Are we legally required to offer performance improvement plans and last-chance warnings?

01/03/2011
Q. I attended a seminar for HR professionals last month where the instructor discussed the value of offering performance improvement plans and last-chance warnings to employees before they are terminated. Is my company obligated to offer these plans or warnings?

Understanding Minnesota’s personnel record requirements gives you a leg up during litigation

01/03/2011
Minnesota’s personnel record rules can cause problems for employers that don’t operate primarily in the state. For example, employers that aren’t used to the rules may not realize that employees can challenge the truthfulness of information in personnel records and then sue for defamation.

Document all discipline, every complaint

01/03/2011

Some employees may manufacture complaints when they think they’re in trouble at work. That’s why it’s so important to maintain good records of all work problems, discipline and complaints. Employers that can prove they were raising concerns about performance before the employee complained about discrimination or harassment effectively cut the causal link between the complaint and the alleged retaliation.