Productivity / Performance

Reasonable accommodations under the ADA in the 7th Circuit

08/06/2010

The ADA requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would cause an undue hardship. A recent 7th Circuit case sheds light on the extent of an employer’s obligation to accommodate an employee’s accommodation request.

Conducting a RIF? Use diplomatic language

08/06/2010

In these difficult economic times, if you have to conduct a reduction in force, think carefully about how you select those who will be terminated, especially if you anticipate bringing some workers back when the financial picture improves. For example, don’t tell employees they were picked for layoffs because their work was substandard. Use a gentler approach.

Loose lips lose lawsuits: Screen performance reviews for FMLA comments

08/03/2010

Comments supervisors make on performance evaluations can come back to haunt the company—especially if they concern the FMLA. That’s why HR should carefully review performance evaluations and tell supervisors to zip it when tempted to gripe about FMLA leave.

Recalcitrant worker? Document and fire

07/30/2010

Some employees can’t or won’t acknowledge that they aren’t meeting their employer’s expectations. They ignore negative evaluations, don’t follow through on improvement plans and won’t take direction. You may have no choice but to fire the employee. If you do, don’t worry. Careful documentation will stifle any later lawsuit alleging some form of discrimination.

Before you decide to fire, make sure past evaluations support your rationale

07/28/2010

Nothing raises suspicions among employees (and juries) than effusive praise followed by a pink slip. So here’s a tip that will make courts more likely to uphold your termination decisions: Make sure whatever reason you use to justify a firing also shows up in past performance evaluations.

Avoid ‘summer slack-off’ syndrome: 6 ways to keep your company focused

07/13/2010

If you are used to accepting a lax summer work ethic from your employees (and maybe even taking on one of your own), it’s time to stop. Use this summer season to push employees to ruthlessly focus on improving the business.

Document any slippage in employee performance to insulate against later discrimination claims

06/29/2010

If you can show that the employee wasn’t living up to your legitimate expectations, her discrimination case will most likely be dismissed. Legitimate expectations—or adequate performance—aren’t measured just by performance evaluations. That’s especially true if the last performance evaluation occurred months earlier and performance has since changed.

Firing? Pick a reason and stick with it

06/28/2010

Presumably, when you terminate an employee, you have good reasons for doing so. If you pile on more reasons later, it may look as if you are trying to cover up a discriminatory decision with a host of excuses for why you fired the employee.

Energize employees by asking them what they like to do

06/28/2010

People are just not satisfied with their jobs today. The Conference Board found in January that only 45% of Americans are satisfied with their jobs. Just 51% find their work interesting. One of the study’s authors concluded that workers “have to figure out what they should be doing to be the most engaged in their jobs and the most productive.” I say managers need to help them.

Can’t you even say the word ‘pregnant’ anymore?

06/21/2010

Aw c’mon. An employee is obviously pregnant but you can’t even say the “p” word? Does the mere use of the adjective translate into legal liability? One court recently said “relax.” It’s OK to say a woman is pregnant; just don’t make any employment decisions based on it or comment negatively. Still, it’s a bit tricky, as this case shows …