One of the quickest ways to turn an annoying—but perhaps unfounded—discrimination complaint into a winning lawsuit is to react inappropriately. That’s why it’s critically important for HR professionals to remind managers and supervisors: Don’t comment on pending complaints! Plus, remind them that venting in front of employees can backfire ...
Performance Reviews
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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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”? ...
Employers have the burden of proving that exempt employees meet one of the exemptions of the Fair Labor Standards Act (FLSA). That means you must be prepared to show that the actual job the employee performs meets an exemption. Regular performance appraisals provide a convenient and effective way to do that ...
You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident ...
Q. What is progressive discipline? ...
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” ...
Faced with a performance problem, too many employers seize on the first reason to discharge an employee instead of thoroughly reviewing the person’s work and documenting any problems in his or her file. That’s fine, if the firing rationale stands up to scrutiny and the employee doesn’t sue. But if the employee claims some form of discrimination, you want the reason you chose to be rock-solid ...
When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies ...





