Elective surgery that isn’t medically necessary may not be eligible for FMLA leave because the employee having the procedure may not be suffering from a serious health condition. Challenge such leave requests by asking for the second and third certifications that the FMLA allows.
For most managers, conducting effective performance reviews is the most daunting part of their job. Don’t look on it with dread! Make your performance appraisals work for you, not against you with these tools: performance review examples, tips on writing employee reviews, sample performance reviews and employee evaluation forms.
So, your tasked with assessing employee performance and writing performance reviews. Where do you get started?
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While employers have an obligation to offer reasonable accommodations to help employees who are disabled, it doesn’t follow that disabled employees can keep their jobs if they simply can’t get work done. But termination often causes a disability discrimination lawsuit. Be prepared to show exactly how poor the employee’s performance really was.
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.
Some employees are difficult, always skating on thin ice. They’re disruptive, don’t listen to directions and pretty much do whatever they want. Even so, employers often hesitate to fire such troublemakers if they’ve recently requested FMLA leave or claimed to be disabled. Don’t be manipulated into keeping those bad apples.
Doing weekly status reports for your boss is a good idea for four reasons: It forces you to think about what you accomplished; allows you to toot your horn regularly; helps during your performance appraisal; and provides fodder for your résumé.
Here’s a tip that will make courts more likely to uphold your termination decisions. Make sure whatever reason you use to justify the firing also showed up in past performance evaluations. Nothing raises suspicions more than kudos followed by discharge.
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.