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.
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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Who doesn’t hate performance reviews? They destroy morale and teamwork, says Samuel Culbert, a management professor at UCLA, and they hurt the bottom line. The alternative: Instead of a one-side-accountable, top-down review, consider a both-sides-accountable performance preview.
Employees who return from FMLA-covered maternity leave are supposed to come back to the same or a substantially equivalent position. Don’t make the mistake of offering a position that has the same title and pay, but which involves very different duties. That’s especially true if those duties are more onerous for a new mother.
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.
Major policy issues being debated in Washington will likely change the face of HR this year, according to speakers at the SHRM's 2009 Employment Law and Legislative Conference. As a new Democratic Congress gains legislative traction and the Obama administration begins making policy, those issues could also be key to reversing the fiscal meltdown.
Assessing employee performance or potential using subjective measures is one of the fastest ways to wind up in court. Employers that stick with objective, carefully tailored assessments are much less likely to lose bias lawsuits because there’s little chance for hidden bias to creep into the process.
You don’t always have to promote the best educated or most experienced employee—but you must at least have a good explanation why you chose another candidate.
Claims adjusters may be exempt from overtime under the California Industrial Welfare Commission Wage Order No. 4. Reason: They’re administrative employees.
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.
Here’s another reason why it’s so important to continually document employee performance. If an employee who quits later says she did so because you didn’t accommodate her disability, you may be able to show that she could in fact do her job without accommodations.