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

Productivity / Performance

Firing a boss who’s racially insensitive? You can cite ‘poor performance’ as reason

04/23/2010
It often becomes apparent that managers who were supposed to prevent discrimination weren’t doing an effective job. For the good of the company, it’s sometimes necessary to fire those bosses for tolerating discrimination or harassment. And those managers will probably sue, too. Good news: You can cite their attitudes to show they weren’t performing their jobs to your reasonable expectations.

Now he tells us he’s disabled! Must we still accommodate with a flexible schedule?

04/09/2010
Q. Our employment application asks applicants if they are capable of satisfactorily performing the essential job duties required of the position for which they are applying. We hired a worker who later told us that he has a medical condition that prevents him from coming to work on time and, on some days, coming to work at all. Are we required to accommodate this individual?

‘Babies-at-work’ benefits answer a crying need

04/06/2010
Even as the economy forces some organizations to cut benefits, it’s prompting others to add one: allowing parents to bring their babies to work. In just two years, the number of organizations with a babies-at-work benefit has more than doubled. The key, experts say, is to set up formal policies to guide moms and managers alike. Here’s how one company does it.

Flex work heads list of employer retention strategies

03/24/2010

While hopeful economic news has some companies breathing a cautious sigh of relief when it comes to headcount, others continue to face staffing challenges. In addition to salary and productivity, a variety of retention issues are worrying some organizations this year as the economy rebounds. When employers were asked in a new CareerBuilder survey how they will hold onto top talent this year, flexible work arrangements topped the list.

How to handle a lying employee

03/22/2010

Q. We have an employee who tells his boss he has finished projects when he really hasn’t. Frankly, half the time we don’t believe him when he says something. What can we do?

Has recession helped or hurt employee engagement?

03/17/2010

While 30% of nearly 600 employers surveyed by Towers Watson report that employees are less engaged in the organization than before the financial crisis, another 28% of employers believe employee engagement has actually risen during the recession.

Determine if mental condition actually impairs

03/11/2010

Not everyone who has a learning disability or even mild retardation is disabled. Under the ADA, every disability is measured by the individual’s condition and whether or not the condition he claims is disabling substantially impairs a major life function. Thus, someone with minor intellectual deficits may not be disabled under the ADA.

Poor performer getting ax? Don’t rush process

03/01/2010

You’ve documented the poor performance. You’ve been careful to keep things professional, even as you’ve concluded you’ll probably have to fire the employee. Then he files a discrimination complaint. Avoid the temptation to speed up the usual disciplinary process.

Use objective, easily measurable standards to gauge employee performance

03/01/2010

Most jobs can be quantified. That is, it’s possible to measure success on the job by tallying how much an employee produces in a given period—whether that’s widgets, reports, new clients or sales. By using such objective measures to decide who is terminated, employers have powerful evidence to counter discrimination claims.

ADA: Use these criteria to keep courts from second-guessing job’s ‘essential functions’

02/25/2010

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider: