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.
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.
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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.
“I have some difficult news that affects you and your position with the company.” Hearing those words is enough to send anyone into panic mode. But landing a new job after a layoff, downsizing or company unraveling takes thoughtful planning. Here’s how to rebound from a job shake-up.
Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.
Q. Is it becoming a practice among employers to quit conducting employee evaluations?
Interviewers often have pet questions they use to test an applicant's quality. Sometimes, they're straightforward. ("Tell me about yourself.") Sometimes, they're deep. ("If you were an animal, what kind would you be?") Sometimes, they're just plain weird. ("How do they make M&M's?") Be prepared to answer whatever might come your way ...
Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.
Train all bosses to avoid even the appearance of favoritism. Explain that excluding anyone from an “inner circle” may trigger a lawsuit, especially if those on the “in” list are largely members of the same protected classification as the supervisor or manager. Something as simple as speaking a common foreign language with select subordinates can trigger a lawsuit ...
Sometimes, it makes sense to settle an EEOC complaint rather than risk a lawsuit and all the costs that go along with litigation. Of course, that settlement probably will come out of some department’s budget. Warn the department manager to take the hit with grace and resist the temptation to show anger or resentment.
Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.