Not every employee who earns a promotion will be successful at the new job. While you certainly want to do everything possible to allow the employee to thrive in the new assignment, you’ve also got to be practical. When you conduct those initial performance reviews, consider the possibility that the employee will ultimately fail. Here’s how to encourage success, but plan for potential failure:

Employees sometimes think that just calling in sick is enough to put their employers on notice that they need FMLA leave. That’s simply not the case. In the following case, the 8th Circuit concluded the new language in the FMLA means employers aren’t obligated to guess about an employee’s need for FMLA leave based on behavior.

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.

An employee who has been discharged may go looking for some underlying reason other than poor performance to explain why she got the ax. And she may suddenly remember incidents that now seem awfully a lot like sexual harassment. Your best defense to such charges is a robust harassment and discrimination policy that tracks every complaint.

Employers can terminate employees who are on FMLA leave if the employers are sure they can later prove to a jury that they would have made the decision to terminate whether the employee took leave or not. That’s a tough burden, so you must make sure you have a solid reason—and you must document it.

Some supervisors become visibly annoyed when receiving a doctor’s note that sets work restrictions on one of their employees. If the employee sees that reaction and then suffers discipline or termination soon after, watch out! He or she could link the timing of the two events as evidence of discrimination or retaliation.

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

You may dread confronting employees face to face about performance issues. But employees are far more likely to accept your critique and commit to improvement if you present those problems in a fair, concrete and "problem-solving" manner. Use these six tips as a framework to guide your discussion:

It’s no picnic when you have to fire people for poor performance. Wayne Downing, a retired four-star general who ran the U.S. Army Special Forces, says you’ve got to do it. His advice:

What if a management consultant suggests that you find “young, energetic” people to take over? A court ruling last week sends a clear warning: Be careful who you listen to for advice … and where you write it down.

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach ...

The 2nd Circuit Court of Appeals has ruled that an employee who was passed over for a promotion can’t later use the poor performance of the person who got the job to prove the decision was discriminatory. The case shows that courts are willing to let employers make mistakes; they won’t micromanage hiring and promotion decisions.

Companies that fire lots of employees get sued for discrimination by many of the castoffs. But all those terminations may be an indication of employee/management personality conflicts, not discrimination.

Remind supervisors that any comments they make about race or another protected characteristic can come back to haunt the company. It doesn’t much matter whether the comments come before or after a termination decision has been made.

Some bosses are visibly irked when they receive a doctor’s note restricting the work an employee can perform. If the employee notices that reaction and then gets disciplined or fired, watch out for a lawsuit! Her attorney will probably try to link the timing of the doctor’s note and the adverse employment action as proof of discrimination or retaliation. 

Even the best bosses sometimes blow up. An employee slacks off or messes up, and the manager lashes out. Everyone knows such outbursts shouldn’t happen. That doesn’t mean they won’t. How you handle the aftermath may make the difference between a jury trial and a smooth return to workplace normalcy.

An Atlantic City jury has awarded Scott Jones $1.8 million in his suit against his former employer, South Jersey Gas, after the company dismissed him for poor work performance. Jones claimed his poor performance was due to his battle with depression and that the company failed to discuss accommodations of his condition.

One of the most legally dangerous things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale at the time of the termination. Document that decision and all the supporting evidence. Then remind execs and supervisors to stay on script.

When a new boss suddenly gives a lousy performance review to an employee who is used to getting good reviews, the employee may try to blame the change on the new supervisor’s alleged bias. Absent other evidence, that won’t prove discrimination in court.

You’re required to offer job accommodations to employees with qualifying disabilities. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is a clear “yes," especially this year …

Here are four ways managers can make sure they really hear what their employees are saying. The payoff: fewer costly mistakes, less wasted time and better quality and service. Feel free to pass this article along to your supervisors.

Before you decide to throw out old evaluations and files, consider this: An employee may sue and refer back to those evaluations from memory. If she remembers nothing but positive performance reviews until a recent poor appraisal (engineered, she believes, to get her fired), you’ll need to be able to show her employment history wasn’t as rosy as she remembers.

Q. After repeatedly warning an employee about her poor performance, we recently terminated her. At the termination meeting, she complained for the first time that she felt she’d been held to higher standards based on her gender. She has now filed for unemployment benefits. While we don’t think she’s entitled to the benefits, we wonder whether it makes sense to fight her claim. What do you think?

Since employees get attorneys’ fees when a court determines employers violated their rights, it seems reasonable that employers should get attorneys’ fees when they have to waste time and money on frivolous litigation. It turns out some courts are beginning to entertain such requests.

Here’s a good way to avoid litigation: Warn all your supervisors and managers that bad-mouthing an employee’s military service can spell trouble. That’s because any disciplinary action following such talk could be viewed as evidence military service was a factor in the decision.

Q. We have an employee who does not work very hard, and her productivity is only mediocre. If we terminate her, will she be able to collect unemployment compensation?

According to the EEOC, Pittsburgh-based Lifecare Hospital showed a remarkable lack of compassion when it fired business manager Diana Altieri-Hand, who had cancer at the time. Saner heads prevailed once hospital officials contemplated the prospect of a hospital justifying to a jury why it mistreated a cancer patient.

Question:  “Our appraisal system requires supervisors to schedule quarterly conferences with their employees, but my boss never does. On my annual performance review, he always lists the dates when our conferences should have happened, then asks me to sign it. I have never been comfortable falsifying this information, but I don't know what to do. Should I just suck it up and sign to keep my boss out of trouble? Or should I refuse and risk becoming the target of retaliation?” — Honest Employee

Most of the time, employers can win discrimination cases by showing that the same “actor” hired and fired an employee. Courts generally assume that the employer’s stated reason for discharge is the true reason and not an excuse to cover up discrimination. That doesn’t mean, however, that you can be loose with your discharge reasons.

One of the worst things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale—a performance problem or rule violation, for example, or perhaps a business downturn—and document that decision and all the supporting evidence.

Sometimes, employees think all it takes to keep from being fired is a well-timed complaint alleging discrimination, harassment or retaliation. That, they reason, will scare an employer into overlooking poor performance or even criminal behavior. Don’t fall for it.

Florida employees are protected from retaliation for whistle-blowing, but courts have been limiting what they consider to be blowing the whistle. For example, in one recent case, a court concluded that a co-worker’s attempts to report a fellow pharmacy worker’s lax prescription practices was not whistle-blowing.

Q. We have an employee who does not work very hard and her production is marginal. If we terminate the employee, will she be able to collect unemployment compensation?

How do you deal with problem employees? Expert HR trainer Amy Henderson says supervisors' discussions should focus on four points when addressing problem behavior.

When employees approach retirement, they sometimes go on autopilot, frustrating everyone involved, including co-workers and supervisors. But you can demand productivity from such employees and discipline them accordingly. Just be prepared to take special steps to stay away from age bias claims.

Many supervisors and managers have yet to learn they shouldn’t make any comments about an employee’s EEOC or other discrimination complaint. Remind supervisors that any comment about employees’ legal claims can be retaliation—and retaliation is much easier to prove than actual discrimination.

Make sure everyone on your HR staff knows about every disciplinary action. Track who is disciplined and for what reasons. Use that data to do a self-audit. You’re looking to see whether members of a protected class are being punished more severely than others.

Employees can sue for discrimination only if they can show they suffered an “adverse employment action.” In other words, they have to show that their employers somehow did something that affected their jobs—such as a demotion, discharge or pay cut. Merely criticizing an employee’s performance isn’t enough if it isn’t accompanied by something more substantial.

As an employer, you aren’t required to absolutely ensure your employees never suffer hurt feelings. That’s impossible. Nevertheless, you are required to stop behavior that could escalate into a hostile environment. Be sure to track how you punish co-workers who get into arguments and use inappropriate language.

Employers that use an employee’s long-ago military service against him may be liable under the Uniformed Services Employment and Reemployment Rights Act. USERRA isn’t just for those who served in Iraq and Afghanistan.

If an employee suspects his manager of bias, you can’t expect him to go to that particular boss to make a complaint. And you can’t expect to escape a lawsuit if you discipline the employee for going around the boss to report his concerns.

It’s natural to ask questions when you learn someone at work is going to have a baby. But it’s quite another thing when pregnancy-related questions come from supervisors. It's best to let HR handle any leave requests and the like. Otherwise, you just might find your questions interpreted as anti-pregnancy bias if you end up having to fire a pregnant employee.

The recession has plenty of employees distracted and anxious—about their jobs, their 401(k)s and their monthly bills. That’s not good news at a time when you need to squeeze every ounce of productivity from your employees. These 14 tips can motivate shell-shocked employees.

It’s just too tempting to make your words purposely unclear. You might allow underperformers to stay on the payroll without ever telling them what you want or expect. You might even pat them on the back. But that kind of dishonesty hurts the whole enterprise.

Here are the top six mistakes managers make when they have to terminate an employee. Any one of them can cause a costly trip to court when the employee sues. Learn more about terminating employees without increasing your lawsuit risk. Our upcoming audio conference, "Trouble-Free Terminations: Legally Safe Layoffs and Firings," tells you how.

Anytime you thrust people together, whether work related or family related, you come across a “toxic taker.” Toxic takers poison your environment, and you need to take action against them. Here are some survival tactics.

An Illinois court has ruled that employees who request FMLA leave before they’ve met the eligibility thresholds are protected from retaliation. An employer can’t, for example, fire such an employee because he says he will soon be taking FMLA leave and perhaps undergo expensive medical treatment.

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

You never appreciate a good performer until you’ve fired a bad performer. That’s because bad performers take so much time and attention to manage. From the moment you sense that an employee isn’t working out—and you set in motion disciplinary steps—you have to imagine a judge and jury watching your every move. That way, you can stand behind your actions without feeling embarrassed or guilty.

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.

If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.

Dealing with underachievers requires using your judgment and some knowledge of human psychology. Here are some ways to get your underachieving employees moving in the right direction.

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.

Settling with an employee who has filed a discrimination lawsuit? If the EEOC gets involved, it can continue the case on its own—and may be able to get a court to order you to take corrective measures that go far beyond your settlement terms. That’s one good reason to conduct your own thorough investigation before you settle with the employee.

Sometimes, when an employee knows he is about to be fired, he tries to link the impending termination with some alleged harassment. The hope: The claim will somehow stop the termination—or at least win a lawsuit. The best way to defend against such a claim is to have rock-solid reasons for every discharge.

Q. How long do I have to keep employees’ personnel files after their terminations?

The HR office is often the first stop an employee makes before filing a lawsuit alleging supervisor harassment. How you handle the initial complaint can mean the difference between stopping a problem before it gets out of hand and losing a lawsuit.

When people lose their jobs, they often look for some reason other than their own poor performance. And since they are off work, they have lots of time to think about the past, including real or imagined slights they endured at the hands of co-workers and supervisors.

It may not be particularly comfortable for government employees to bring alleged wrongdoing to their supervisor’s attention, but whistle-blowers have to muster the courage to do just that. The Texas Whistleblower Act says so.

Sometimes, you have to trust that your lawyer and the courts will do the right thing and toss out a clearly frivolous case. As long as you are sure that you have solid reasons for firing an employee who wasn’t doing her job—and that you didn’t treat her any differently than any other employee with the same track record—fire her.

Ah, the “halo effect”—the practice of inflating an employee’s annual evaluation to increase overall morale and avoid the unpleasantness of telling underperforming workers what their weaknesses are. Too bad using the halo strategy both undermines performance and exposes employers to legal risks ...

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

When faced with a poor-performing or disruptive employee, it’s easy for supervisors to play the wait-and-see game and simply hope the situation will improve. But problems rarely solve themselves. And that’s especially true with problem employees.

Sometimes, employees who think they are about to be fired for poor performance will try to take pre-emptive action by quitting and then suing. Courts are pretty strict when it comes to “constructive discharge” ...

The global financial meltdown has workers fearful and downright angry. If you plan on surviving the recession, your managers must acknowledge the fear and anger employees may feel. Don't let these seven gripes pollute your workplace.

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.

Q. We have two employees who went out on workers’ compensation leave and never came back. They’re still listed as employees. Can we lay them off? ...

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.

Gone are the days when employers could accommodate employees’ religious practices by being flexible about who worked Saturdays and Sundays. Today, employers may have to offer additional prayer breaks in the middle of the workday, too ...

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action ...

The scene is, unfortunately, all too common: A disgruntled employee is terminated for poor performance. On his way out, he threatens his manager and co-workers. Fortunately, situations like this usually end with the terminated employee cooling off, filing for unemployment and getting on with his life. But what happens when the employee doesn’t let it go? ...

Attorney General Tom Corbett is investigating more than 135 Pennsylvania residents who allegedly bought diplomas from a business in Spokane, Wash., that sold high school diplomas and college degrees under the name Saint Regis University ...

An important—but often overlooked—step in performance appraisals is to ask employees to grade themselves. But don't just give them the same appraisal form used by supervisors. Instead, use a separate form that allows them to recap their achievements, identify shortcomings and initiate discussions regarding their development.  A good self-evaluation form asks these three core questions ... 

Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged ...

When an employee sues over an alleged discriminatory firing, courts typically make a beeline for one piece of evidence: the employee’s performance evaluation. The problem: Supervisors are notorious for giving overly kind evaluations, even to poor performers. That’s why it’s wise to get another opinion: the employee’s own ...

Some employees—confronted with their own shortcomings—insist on deflecting blame. Perhaps they try to argue that so-and-so—who doesn’t belong to the same protected class—always gets away with the same poor work and conduct that they’re being criticized for. If you truly believe there is no merit to such an employee’s allegations, you probably don’t need to sweat it ...

Sometimes, you just know that the reason a supervisor offers in a memo or e-mail for wanting to fire someone is going to look suspicious if the employee ever sues. If you can’t persuade the supervisor to reconsider, resist the temptation to help sugarcoat the situation with a neutral-sounding reason. It will only make matters worse when the employee’s lawyer inevitably discovers the memo or e-mail ...

Ah, the “halo effect”—the practice of inflating an employee’s annual evaluation to increase overall morale and avoid the unpleasantness of telling underperforming workers what their weaknesses are. Too bad using the halo strategy both undermines performance and exposes employers to legal risks ...

Firing an employee is never easy, but there’s no reason to try to justify your decision by piling on a litany of reasons to discharge a poorly performing employee. That just complicates the process. Chances are, a court won’t second-guess you if you simply stick to the strongest reason you have for the firing ...

General Motors won summary judgment in a disability discrimination lawsuit after the company caught Christopher Peterson loading lumber into his car while he was on leave for back problems. Peterson had a long career with GM and had risen into the executive ranks ...

Good news: Your managers and supervisors aren’t individually liable for violating either the Texas Whistleblower Act or the Texas Labor Code. That means your personal assets aren’t on the line ...

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance ...

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement ...

Virginia Schurmeier, an operations analyst for a food wholesale company, was fired for alleged poor performance. She sued, claiming the real reason was sex discrimination. Her proof: A male co-worker who had worse performance appraisals than she had wasn't fired ...

All employers with a unionized work force, take note: Just because someone has an age discrimination claim awaiting resolution under your collective bargaining agreement’s grievance procedures doesn’t mean the employee can’t prepare to file a lawsuit. In fact, the employee may have no choice but to go forward ...

Concerned that any discharge decision you make will be second-guessed by a court or jury? Ease that worry by adopting a fact-based approach to discipline that relies on easily proven and verifiable work problems. Avoid generalities such as “just not working up to potential” or “not a team player and others have to pick up the slack.” Instead, go for the specifics ...

When a supervisor recommends discharging an employee, resist the temptation to simply agree with her assessment. Here’s why: If the employee is being targeted because she took FMLA leave or engaged in some other form of protected activity, blind adherence to the supervisor’s recommendation to fire opens up the company to a retaliation claim.

Nothing will send a discrimination case to trial faster than obvious unequal treatment of employees. That’s why it is important to have someone in HR do a complete review before the company discharges someone for poor performance or rule violations ...

We all would like to believe harassment and discrimination can’t happen where we work. Of course, we’re dreaming if we do. Ordinary people sometimes fall back on old stereotypes or react strongly to newly perceived dangers by inappropriately striking out at a group or nationality. Fortunately for employers, isolated acts of harassment, if stopped dead in their tracks, won’t come back to haunt them years later ...

Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out ...

If your company’s business strategy includes promotion from within and constant innovation, unambitious employees may serve as poor role models. You may, in fact, want to ease them out in favor of new employees. Before you do, consider ways to light a fire under the feet of complacent employees. Here’s why this is crucial ...

Employers are finding it harder to get age discrimination cases dismissed early. They also are learning that beating age discrimination suits requires rock-solid evidence of fair and equal treatment—and a genuine, legitimate reason for discharging the employee that has nothing to do with age ...

In a company downsizing, management may make what seem like capricious decisions on who stays and who goes. That can be a huge problem if an older employee suspects age discrimination and sues—especially if there are other smoking-gun signs of discrimination, such as a supervisor’s apparent antipathy for older workers ...

Employees who lose their jobs often look for sinister underlying reasons—such as discrimination. That’s why you should think about a strategy to minimize the chance a disgruntled employee will win a discrimination lawsuit. Here’s one way: Fill the vacant position with someone from the same protected class as the terminated employee ...

As baby boomers age, more Americans say they expect to keep working longer than their parents did. That means more older job applicants—and more age-related lawsuits. Defend against this coming onslaught by taking extra care to document your disciplinary decisions to make sure age isn’t a factor ...

Sometimes, the wrong messenger delivers bad news. That’s what happens when a poorly performing employee comes forward with a discrimination complaint. If your investigation finds that the complaint has merit, but you decide you need to fire the worker anyway, how should you proceed? Aren’t you just guaranteeing you’ll be hit with a lawsuit? ...

If you have long-term employees whose performances are deteriorating, step carefully. Their long histories with the company could mean you’ll have a hard time justifying terminations even in light of poor performances. Instead of jumping the gun and firing immediately, take your time. In fact, it may be a good idea to allow more than one supervisor to witness each declining employee performance up close ...

Performance appraisals are valuable tools to help put struggling employees back on track. But a low rating also can spur poor performers to consider legal action: Many discrimination suits have been launched on the wings of a poor performance appraisal. Fortunately, employers with solid appraisal systems usually have built-in defenses against such charges ...

Believe it or not, federal courts don’t want to micromanage every aspect of your HR function. When faced with serious claims such as discrimination, courts ask employees to prove they suffered an “adverse employment action”—major damage such as a demotion, a cut in pay or discharge. They don’t tend to sweat the small stuff, such as lousy performance appraisals ...

Sometimes employees who are in trouble for poor performance try to protect themselves by reporting incidents that don’t come close to being sexual harassment. They figure that their employer won’t fire or otherwise punish them for fear of a retaliation lawsuit. But you can take heart: It’s not protected activity just because someone reports an incident. If—when viewed objectively—the conduct being reported seems far from harassment, reporting it isn’t protected, and the employee can’t charge retaliation ...

When a supervisor enters into a sexual relationship with a subordinate, chances are things won’t go well for the company. That’s one reason you should put in place strict limits on dating for supervisors and subordinates. You can prohibit such relationships altogether, or insist that anyone contemplating dating a subordinate must notify HR first so he or she can be removed from the supervisory role before the relationship starts. Otherwise, you risk a sexual-harassment lawsuit, especially if the supervisor later punishes the subordinate ...

The California Fair Employment and Housing Act bars employment discrimination based on sexual orientation. In fact, the law clearly states, “Freedom from employment discrimination on account of sexual orientation is a civil right.” Make sure supervisors know: Comments about an employee’s sexual orientation simply aren’t appropriate in the workplace. They’ll lead to trouble ...

There’s a new concern for managers and supervisors in New York state. Those who give out bad references or otherwise bad-mouth a former employee who claimed discrimination can be held personally liable for a conspiracy to retaliate ...

New York state law provides personal liability for workplace discrimination. Employees who aid and abet their employers in discriminatory acts may be sued personally and can lose their assets. But exactly what acts constitute “aiding and abetting”? ...

Jeffrey Hawthorne, a Mercer County Children and Youth Services (CYS) caseworker, sued the agency for gender discrimination, alleging his supervisors wanted to create an “all-female work force,” and “treated men differently from women” ...

A California Superior Court jury recently awarded a city firefighter $6.2 million in a lawsuit claiming race discrimination, sex discrimination, harassment and retaliation under the Fair Employment and Housing Act ...

The decks are stacked against employees who claim retaliation when there is no direct evidence of discrimination—if employers keep complete written records of their disciplinary actions. Those cases often hinge on allegations the employer trumped up disciplinary charges to cover up retaliation. That can be difficult for an employee to prove if there is a solid paper trail documenting the employee’s infractions and the resulting discipline ...

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability ...

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance ...

A female temporary worker on a long-term assignment for NJ-based Philips Lighting Co. won a $164,850 verdict for gender discrimination against the company. The woman, who worked in the warehouse of the company’s Mountaintop, PA, plant, claimed the company offered full-time positions only to male temps. She asked about full-time employment several times and was told she was next in line. Instead, she was fired ...

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation ...

It’s a practice as old as politics: When there’s a newly elected sheriff in town, deputies left over from the old administration may lose their jobs. But if you’re the HR professional handling the changes, make sure you know which employees can be dismissed and which cannot be merely because of their political affiliation. As the following case shows, public employees in nonpolicy positions are protected from post-election bloodbaths ...

If you think your workplace is drug-free, chances are you’re wrong. According to a new government survey, one of every 12 U.S. workers uses illegal drugs. That’s up from earlier surveys. Here's more on the trend and what employers can do about it ...

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court ...

Employers can fire at-will employees for any legal reason—or for no reason at all. Employees who work under a contract, on the other hand, have more rights. Don’t let a flawed employee handbook weaken your hand ...

Have a no-dating policy at your workplace? If the answer is “no,” it may be time to consider one. While some office romances may seem innocent enough, trouble can follow an ugly breakup between co-workers. That’s why it pays to have clear rules in place ...

The Pennsylvania Wage Payment and Collection Law (WPCL) allows employees to sue their employers for unpaid wages, including commissions and the like. Because the WPCL allows any wage contract claim, including oral agreements, it’s important for employers to clarify the terms up front and preferably in writing ...

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds ...

Your anti-discrimination and harassment policy won’t help much if employees don’t know it exists or how to make complaints. If they suffer in silence, the first you’ll know about harassment may be when you receive an EEOC or a New Jersey Division of Civil Rights complaint ...

If your organization is like many, someone in HR ultimately decides whether to terminate an employee for poor performance based on supervisor recommendations and supporting documents, such as performance reviews. That can spell trouble if there’s more going on than meets the eye ...

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips ...

When dealing with difficult employees, supervisors often go the extra mile to document their interactions (and any discipline) in case the employee ever sues. But does this extra effort at documentation provide proof that the supervisor intends to discriminate? ...

Asking employees to perform even a minimal amount of work while they're out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will ...

Workplace humor is fine until it drifts into the realm of gags about employees' gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs ...

While no federal or state law requires you to create and follow a progressive discipline policy, courts often come down hard on employers that promise progressive discipline but fail to deliver it ...

HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...

HR Law 101: Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test (often referred to as the McDonald-Douglas burden-shifting test) has three parts that shift the burden of proof of wrongdoing back and forth between the plaintiff and the employer ...

HR Law 101: Section 1981, a little-known section of the Civil Rights Act of 1866, prohibits racial discrimination in the making and enforcement of contracts. Now, employees are increasingly using Section 1981 instead of Title VII to sue for discrimination because there's no cap on damage awards ...

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...

HR Law 101: Employee handbooks are extremely valuable business tools. But if you're not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely ...

Q. About three months ago, we gave a marginal employee who is pregnant a pay raise in hopes that it would improve her job performance by boosting her morale. Unfortunately, her performance has gone from bad to worse. If we fire her for poor performance, can she successfully argue that the recent raise indicates that she was performing well and that our reason for terminating her was discriminatory? —H.K., Illinois

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She's out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

Q. The job performance of one of our employees no longer meets our standards. While she used to be a good worker, she's now making a lot of errors, coming in late from time to time and not getting along with her co-workers. We've talked to her about these issues, but her performance has not improved. If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation? —W.T., District of Columbia

When explaining to employees the reasons for a layoff, make sure you don't contradict yourself. That's especially true when the same manager gives an employee different reasons: A jury can take those contradictions and infer discrimination ...

A federal judge in the Northern District of Texas recently dismissed a Title VII discrimination lawsuit brought by a lesbian nurse who claimed that she was fired because of her sexuality and appearance ...

When you're thinking about discharging a problem employee, consider running a criminal background check. In many cases, discovering a serious crime conviction can provide additional justification ...

Q. One of our employees is over age 70 and has had a broken foot, memory problems and a recent car wreck that caused some residual problems. Should we allow her to work? What can we do (if anything) to protect ourselves from potential workers' comp claims should she injure herself?

Courts view interns the same as employees: as “agents” of your organization. So should you. If you use interns or plan to, advise supervisors to manage them as closely as employees, if not more so. And apply your workplace policies to them ...

Employees who file EEOC or internal complaints charging discrimination often behave as if their complaint is a job guarantee. Approach them about performance problems, and they immediately cry “retaliation.” But you can’t allow your workplace practices to be held hostage if you have legitimate concerns about performance ...

Most supervisors know that it’s illegal to voice negative racial, age or gender stereotypes in the workplace. But they may not realize that positive stereotypes also can lead to trouble ...

Hired a dud who, you just found out, has a history of crying discrimination? Make sure you have solid, business-related reasons for any discipline you take. Here’s why ...

How do you know where to draw the line between workplace humor and harassment? The answer: You don’t get to make that choice. Harassment, like beauty, is in the eye of the beholder. And it begins when somebody decides they’ve had enough of the “jokes” ...

HR Law 101: The EEOC has become proactive in protecting workers from a sexually hostile environment. In 2007 alone, the agency recovered from employers nearly $50 million for victims of harassment ...

HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker's job ...

She has made several serious mistakes, all of which she has an "answer" for.  Even when I showed her the mistakes in black and white, she just said "Hmmm. I don't know what happened."

I have had three serious reviews with her, threatened to have her use her one-week paid vacation to contemplate working here, told her flat out  that her job “is on the line.”

She is pleasant, almost too pleasant at work, never complains, but rarely accomplishes anything.
I need her position filled with a capable bookkeeper. She knows a lot about our particular business, so training someone new will be a long process. Our employee pool in our community is severely limited.

I need help making a final determination to keep her, reduce her hours or just cut my losses and move on.

I have a small bookkeeping company; the clients like continuity.  HELP!!!!  -- Shelley Weiser