Performance Reviews

It's no secret that employees gossip about pay. And it's no secret that those conversations often cause resentment and tension in the workplace. Wouldn't it be great if you could forbid employees from discussing compensation? Don't even think about it until you've read this comprehensive guide to the requirements of the National Labor Relations Act.

Talking with employees about their performance problems can be an uncomfortable moment for any manager. But it’s also a crucial part of the job and, if done well, will ultimately make a manager’s job much easier. Here are seven steps to planning and executing such discussions:

One easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination. Courts often conclude that it would make no sense for those who hired or promoted someone to turn around and fire that same person for discriminatory reasons. This is called the “same-actor” defense.

The ADA requires employers to enter into an interactive process with disabled employees to find accommodations that allow them to perform the essential functions of their jobs. Recently, the federal government updated its Job Accommodation Network (JAN) web site, which employers can use to to find specific accommodation information.

Personal voice mail messages are in the news this month. They can come back to haunt you, as Tiger Woods found out when he left evidence of his infidelity on voice mail. But what about leaving a voice mail message for a co-worker or subordinate? One court said, “Beware!” They can be smoking guns aimed directly at the employer’s wallet ...

Do you "play favorites” with certain employees? Most managers would probably say “no,” but people often harbor unconscious perceptions that can influence day-to-day decision-making and job reviews of the employees they manage. Several factors unrelated to employee performance can impact evaluations conducted by managers.

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.

Sometimes it seems like supervisors and employees work in entirely different places. For years, researchers have known that bosses and line workers have widely varying views about things like priorities, performance ratings, communication and benefits. Here are eight areas for which recent studies have revealed major disconnects between what employees want and what their bosses think they want:

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.