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Total Articles: 82

Simplifying Employee Performance Feedback Documentation

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes, changes in pay, schedule changes, and layoffs. An accurate record of performance problems greatly assists employers (and their counsel) in defending decisions to take disciplinary action based on poor performance when that employee later complains that a decision was unfair, illegal, or discriminatory. However, an employer’s human resources representative is not usually on the front lines of this task. Busy supervisors are the ones typically responsible for documenting employee performance issues and providing feedback.

The End of Annual Performance Reviews: Are the Alternatives Any Better?

When it comes to workplace events that produce resentment and anxiety, few score higher than the big annual performance review.

An Imperfect Test: The Problem with Job Performance Appraisals

Wharton management professor Peter Cappelli has spent decades studying the complicated dynamics of employment. In a post-recession world, his research is more timely than ever as companies large and small struggle to adapt to a new normal that relies on fewer employees handling a larger, shifting workload.

Wrongfully Reviewed? Risks of Performance Review Process

Performance reviews are a necessary step in the path to ensuring a team of productive employees. However, as illustrated by a series of recent lawsuits filed by Yahoo employees against the internet giant, performance reviews are not without risks to the employers who administer them. In one such suit, an employee alleges that he and approximately 600 other Yahoo employees were unfairly fired based upon an allegedly unfair performance evaluation system, and were terminated without the notice required by federal and state laws, including the Worker Adjustment and Retraining Notification Act (WARN).

Star Wars Performance Appraisals: Is the Force Really With You?

Whether your organization is ready to engage in annual performance reviews or it has long since blasted those into the next galaxy, the Star Wars franchise provides us an excellent opportunity to review a character’s performance and consider, “Was the Force truly with them?”

Is Your Performance Appraisal Process Ready For Prime Time?

Performance reviews done well can provide critical feedback. But some experts say they should be scrapped altogether. On this podcast, XpertHR Legal Editor Marta Moakley discusses this increasingly hot-button issue.

Social Security Wage Base, FICA Tax Rates Unchanged For 2016

The Social Security Administration (SSA) has announced that the Social Security taxable wage base will not be adjusted for inflation and will remain $118,500 for 2016. Because the national Consumer Price Index (CPI), on which the annual cost-of-living adjustment (COLA) is based, has not risen since the last COLA adjustment in 2015, other changes that usually occur based on changes in the CPI will also not take effect on January 1, 2016.

Requiem For The Annual Employee Performance Review

During a recent reality television segment, a well-known NFL quarterback accompanied an equally well-known outdoor survivalist on a wilderness trek during which the quarterback dispatched a 6-foot alligator. After vanquishing the gator, the quarterback hauled it over his shoulders and headed to the campfire to roast his prize. The obviously expired gator’s tail was seen to intermittently flick on its own—its central nervous system randomly signaling tail muscles to twitch though no longer with a reasoned purpose.

Performance Reviews: Constructive Criticism . . . or Total Destruction?

Is the annual performance review a value-added event for employees . . . or is it an anxiety-generating mechanism that could be eliminated without the loss of any forward momentum to a company?

Getting Rid of the Annual Review

All too often, I have seen the annual performance evaluation show up in a trial as a Plaintiff's exhibit, rather than what you would think should be true, that it ought to be the best evidence for the employer, particularly if the subject of the lawsuit is a dismissal for poor performance.

Addressing Poor Performance: Choices, Choices

A supervisor becomes aware of a performance deficiency: but what to do next?

Four Steps To Effective Performance Management

Getting the most out of employees has always challenged employers. This is particularly true in today’s highly regulated business environment with increased global competition and evolving employee attitudes. Performance management is not just about dealing with the poor performers. Instead, it’s a more holistic process that begins with getting the right people, setting clear employee expectations, coaching workers, and ultimately dismissing poor performers who don’t fit the organization.

Can People Analytics Help Firms Manage People Better?

How an organization makes its people-related decisions has a huge impact on its success or failure.

March Madness: Could Friendly Wagers Among Employees Put Your Organization At Risk?

Executive Summary: The American Gaming Association estimates that Americans will wager $9 billion on the NCAA tournament, more than double the estimated $3.9 billion bet on the Super Bowl, bringing March Madness to a whole new level. Of that amount, only about $2 billion will be bet legally. See Estimated 40 million to fill out brackets, http://espn.go.com/chalk/story/_/id/12465741/estimated-70-million-brackets-9-million-bets-ncaa-tournament. Many of the illegal wagers will be made through the ubiquitous office pool. March Madness, Super Bowl, and Fantasy Football pools have become so ingrained in the American workplace that most view them as harmless. In fact, while arguing in support of legislation that would amend Pennsylvania's small games of chance law to include small monetized pools conducted by individuals, Pennsylvania state senator Lisa Boscola pointed out these pools are so common one was even being circulated on the Senate floor at that time. See Pa. legislators battle state police over Super Bowl betting pools, http://www.timesherald.com/general-news/20150130/pa-legislators-battle-state-police-over-super-bowl-betting-pools. Boscola introduced the legislation after state police seized funds collected for Super Bowl pools by two volunteer fire departments and a social club in Pennsylvania, claiming the pools violated the federal Professional and Amateur Sports Protection Act (PASP).

Leadership Lessons from Training Animals: Interview with Certified Speaking Professional Shawna Schuh

In her professional speaking and executive coaching career, Shawna Schuh, Certified Speaking Professional (CSP), frequently draws on her years of raising animals and working with Women in the Pet Industry Network.

Three Pointers on Handling Employees’ March Madness

It’s that time of year. Your office supply room smells of freshly copied pages titled “NCAA Tournament Bracket.” The words “underdog,” “upset,” “first round,” and “buzzer beater” are heard from watercooler conversations. Money is changing hands and minds are elsewhere. What is this madness? Why, it’s March Madness: It’s time for the National Collegiate Athletic Association (NCAA) Division I Men’s Basketball tournament.

How To Confront A Performance Problem Without Being A “Quiet Herd Cutter”

In a previous post, I described the “Quiet Herd Cutter” problem, a term I have used to describe a phenomenon especially prevalent in law firms where employees’ failure to meet expectations results in being quietly excluded from new work. In this story, I present an alternate approach.

Can An Annual Performance Review Work? A Case Study, Success Story, and Interview

When Suzanne Benoit, Senior Professional in Human Resources SPHR, joined Wright-Ryan Construction, Inc. as its Director of Human Resources, she learned that her employer had been using an annual performance review process that wasn’t yielding the results it wanted. With encouragement from the president, the support of other company leaders, and a strong, technically-proficient staff, she created a new process designed to improve performance, accountability, and employee engagement.

Law Firm Accountability and the “Quiet Herd Cutter” Problem

Linda Galindo is a speaker, educator, and author who works with corporations around the world to foster cultures of accountability and high achievement. Earlier this fall, I interviewed Linda. Recently—turnabout being fair play—she interviewed me on a subject of importance and concern to me: “The Quiet Herd Cutter” problem. The interview first appeared on Linda’s blog, The Straight Truth and has been slightly edited for our blog.

Giving Thanks: In Employee Relations, Small Gestures Go a Long Way—An Interview With Law Firm Founder Jimmie Stewart

J. Hamilton (Jimmie) Stewart, III is one of the founders of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. He has practiced labor and employment law for nearly five decades. In this interview, he shares his observations about how small, positive steps can make a big difference in employee relations.

Havoc in the Workplace: Coping with ‘Hurricane’ Employees

They have been called many things: toxic, negative, dysfunctional, narcissistic, territorial, sociopathic, de-motivating, vampire-like.

Lessons in Organizational Teamwork From an NBA All Star

For 12 years, 7’4” “Big” Mark Eaton played center for the National Basketball Association’s (NBA) Utah Jazz where he reigned as one of the league’s preeminent defenders. Retired from the NBA since 1994, Eaton has forged a successful post-basketball career as an entrepreneur, business and community leader, and speaker. He now shares with individuals and organizations what he calls the “four commitments of a winning team”—strategies that empowered him and the Utah Jazz to win hundreds of games and compete for championships. Through his programs, he shows audiences how to apply the strategies of professional sports superstars to transform their lives and achieve greater productivity and profitability in their work.

Pepperidge Farm’s Irene Chang Britt: ‘Take the Crappy Assignments’

I finally figured out that business wasn’t about all those complex theories that people were talking about.

NFL Bullying: Boys Will Be Boys?

How bad could things be for Jonathan Martin? The 24-year-old received a signing bonus of $1,919,468 from the Miami Dolphins of the National Football League last year after leaving Stanford as a second round draft pick. He is guaranteed his entire 2013 salary of $479,867. He is one of approximately 1,800 individuals fortunate enough to be on an NFL roster. He is a starting offensive tackle, one of the most lucrative positions in all of professional football. Considering that the franchise tag for an NFL offensive lineman is $9,660,000 in 2013, it is reasonable to think that the second-year player could be looking at a $10 million per year when his rookie contract expires after the end of the 2015 season. As Timbuk3 would say, “His future’s so bright, he’s gotta wear shades!”

How to Become the CEO of Your Career

Women who seek leadership roles in business often face the prospect, whether real or perceived, of having to choose between nurturing their careers or building a robust family and personal life. The publication in March of Lean In: Women, Work and the Will to Lead, by Sheryl Sandberg, Facebook’s chief operating officer, inspired a renewed debate about feminism. It suggested in a strong, if controversial, fashion that women can have it all.

Do I Have To Treat My Employees Like Kids? Uh… Sometimes

The question of “do I have to actually make my employees wear PPE” made it all the way to the full Occupational Safety and Health Review Commission (OSHRC) last year.

What Should I Do Next with My Life? New Ways to Define Success

Wharton professor G. Richard Shell‘s new book, Springboard: Launching Your Personal Search for Success, encourages readers to embrace major transitions in life, from college to a first job, from one career to the next or from work to retirement.

What's Really Going On in the Workplace

The latest world of work trends from Right Management.

Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?

March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for employers, from productivity loss to discrimination and disability issues and even criminal penalties. Before turning a blind eye or participating in the pool, here are a few risks with which employers should become familiar.

How Disruptive Behavior by Employees Can Devastate a Workplace

To Jody Foster, disruptive people in any type of organization -- from a big corporation to a major health center -- can poison the atmosphere for everyone with whom they interact. "People are people, no matter what industry they are in, and they bring their basic personalities to work," says Foster. "When they act out in inappropriate ways -- by, for example, bullying employees who work under them, compulsively micro managing, displaying narcissistic tendencies -- it can be devastating to the entire workplace."

March Madness Can Be Problematic for Employers

March Madness is here again. The brackets, the excitement, the employment law issues! Yes, many employers find that the annual NCAA basketball tournament goes hand-in-hand with employment law because, unfortunately, one of the most exciting sporting events of the year can also be the most problematic for employers.

Are March Madness Office Pools Illegal?

The latest on March Madness, office pools and the law.

Stop The Madness?

Employers, are you ready for March Madness?

March Madness Concerns for Employers

Brace yourselves, employers: March Madness is upon us. The 2013 National Collegiate Athletic Association (NCAA) Men’s Division I Basketball Championship Tournament will start with play-in games on Tuesday, March 19, 2013, and conclude with the Championship Game on Monday, April 8, 2013 in Atlanta, Georgia. During the tournament’s three weeks, the United States economy will lose an estimated $1.8 billion in productivity as employees watch early round games, participate in office pools, and discuss the outcomes with co-workers. (Fantasy sports activity in the work place has become an even more widespread issue, as Goldberg Segalla’s Seth L. Laver and Michael P. Luongo explained in an article titled “Fantasy Sports: A Real Game-Changer for Employers.”)

Now, Just Why Are We Firing Bob?

When dealing with the separation of an employee, there is often more than one thing the employee did that warranted termination. But when categorizing the reasons, it’s important for employers to avoid taking a throw-everything-against-the-wall-and-see-what-sticks approach.

Passed Over for a Promotion? How Companies Can Retain the Runner-up

Losing out on a promotion is tough enough. But being passed over for a top-level position in favor of another candidate -- either external or internal -- can be a deal breaker for even the most loyal company soldiers.

Employers' Common Sense Can Ease Flu

You can't open the paper, turn on the TV or peruse a web site without hearing some staggering statistic about the flu. In one report, 70 percent of the American population is suffering from the flu — or just recovered. In fact, Boston and Chicago had to take dramatic action with Boston declaring a state of public health emergency and some Chicago hospitals turning patients to other facilities.

Evaluation Evaluation

How do your performance evaluations perform?

Your Employees Are Really Very Extremely Disgruntled

A new study says that 86% of employees are looking for a different job.

Don't Moon Your Boss

Keep your pants on in the workplace. Please.

We Are All Officially Extremely Really Very Stresssssed

The latest data shows that we are all freaking out of our gourds @ work. What to do about it.

Lifeguard Fired for Saving Drowning Swimmer – Was it Legal? Was it Wise?

What should an employer do when an employee breaks an important company rule for an incredibly compelling reason? It’s management’s worst nightmare.

Two Sacred Cows - Performance Appraisals and Job Descriptions - Time for the Scrap Heap?

I don't always appreciate non-trial lawyers telling me how to try a case (although I try to listen, because often I can learn something that is helpful), and so I am also leary of getting too far into the realm of HR advice.

Why Do Your Employees Really Quit?

Why employees reallllly leave and what you can do about it

Declining Employee Loyalty: A Casualty of the New Workplace

If loyalty is defined as being faithful to a cause, ideal, custom, institution or product, then there seems to be a certain amount of infidelity in the workplace these days.

We Are Stressssssssssssed

Employees are more stressed than ever before. What to do about it.

A "Love or Hate" Employment Relationship – How Do Your Employees Feel?

It comes as no surprise that an unhappy employee is more likely to file a complaint or lawsuit. We often tell managers and supervisors that employees file complaints when they "get their feelings hurt." Sometimes this is because the employee thinks no one is listening, or it may be that the employee does not feel respected. Whatever the underlying reason may be, it's as true now as it ever was that a little bit of employee relations goes a long way toward preventing employee complaints and legal actions.

The Facts on Employee Engagement

What really engages employees

Are You Engaged in Engagement Engagingly?

The results of our most recent engagement polls.

How Would We (I) Function in This Employment World

A guest blog post on CNBC by Julie Clow, author of The Work Revolution: Freedom and Excellence for All, caught my eye this morning.

'Restorative Niches': Author Susan Cain on the Need for 'Quiet'

Business leaders often look to social activities to generate ideas and innovation, from group collaboration and brainstorming to large meetings and open-format offices.

The Absolute #1 Employee Engagement Factor

Results of our poll on what really drives engagement

"Bullying" Is Becoming Part of the Zeitgeist

Early in the second year of writing this blog, I had what I think was my first recognition of bullying as an "issue" in the employment law world, Can't Wait for Bullying Cause of Action. That was now nine years ago.

Why External Hires Get Paid More, and Perform Worse, than Internal Staff

Here is some research sure to rankle every employee who has applied for an internal promotion and been passed over in favor of someone brought in from the outside.

Saints Bounty Scandal a Wake-Up Call for Employers to Examine Their Own Performance Bonuses

Most employers may not yet get the connection, but the shocking penalties just levied by the NFL on the New Orleans Saints for operating a “bounty system” that rewarded Saints players for “knock-out” and “cart-off” hits on opposing players are a wake-up call to examine your own bonus programs to make sure you don’t experience your own fall from grace. Unlike the Saints’ “bounty system,” there’s nothing sinister about the typical workplace performance bonus program, unless you’re using it to reward employees for sabotaging your competition, but there are still plenty of potential pitfalls for you to navigate to stay within the law and out of hot water.

Want to Improve Customer Service? Treat Your Employees Better

Is customer service a lost art, or are today's customers harder to please?

Are You Ready For March Madness?

How should employers approach March Madness? Ignore it? Ban it? Or embrace it?

Top 40 Employee Engagement Ideas of All Time

Results of our survey on the latest and greatest engagement tips.

Performance Evaluation Worst Practices

Part 2 of our discussion on performance evaluations

Evaluation Evaluation

Are you measuring and rewarding the right behaviors? A simple tool to help you assess how your performance evaluations perform.

Resolve To Be A Better Manager

With every new year, millions of people resolve to make positive changes in their personal lives. Some even resolve to change how they "roll" at work. For owners, managers and supervisors, the fresh-start aura associated with the beginning of every new year is the perfect backdrop for making positive changes that may help them become better, more effective, and respected leaders.

When Your Job Makes You Sick: Employees Find Little Leverage in Today's Workplace

The Gallup-Healthways Well-Being Index registered 47.1 in August for the category titled "work satisfaction" -- the lowest it has been since the measurement was introduced in January 2008.

Managing Baby Boomers

There have been many comments and analyses lately about how employers should handle the emerging youngest generation, usually referred to as Gen Y. But as the 77 million baby boomers begin reaching 65 years of age this year, they will present some unique challenges to employers.

Why Middle Managers May Be the Most Important People in Your Company

Wharton management professor Ethan Mollick has a message for knowledge-based companies: Pay closer attention to your middle managers. They may have a greater impact on company performance than almost any other part of the organization.

A Better Mousetrap? (Auto Dealership Update)

One area where many dealership managers continue to struggle is in effectively counseling poorly performing employees – and documenting that effort. Those managers who actually document their counseling generally tend to "write up" the employee, describing the events as the manager sees it, followed by a warning that discipline "up to and including termination" may follow. Then the manager presents the memo to the offending employee who is expected to sign it. The signed document is placed in the employee's personnel file. And life go

Should Performance Reviews Be Fired?

"Performance reviews." The words strike fear and dread in the hearts of employees everywhere.

March Mayhem Bracket For Employers: Final Four Revealed!

The votes are in, the contests have been played – we are down to the Final Four Biggest Workplace Headaches for 2011! We received bracket entries from employers across the country telling us about their biggest frustrations, and after tallying all of the submissions, we can reveal the most annoying four situations that employers face every day. Here are the winners, along with some practical tips for dealing with them.

March Mayhem Bracket For Employers: Biggest Workplace Headaches

About this time of year, most of your employees will start wasting a good chunk of their day filling out brackets in anticipation of the NCAA college basketball tournament. Why try to beat them when you can join them? Fisher & Phillips has created a bracket for employers, but instead of predicting basketball results, we want you to tell us your biggest headaches for employers.

The 'Silver Tsunami': Why Older Workers Offer Better Value Than Younger Ones.

Just a decade ago, experts warned of labor shortages in the United States and other countries as the baby boomers marched into retirement en masse. But with an aging population facing the prospect of living for decades on shrunken retirement funds, graying individuals plan to keep on working.

Part 2: Are Your Employees Really Important Business Partners?

In our last article we took a hard look at the easy-to-say concept that companies "value their employees" or that employees "are our most important asset." Easy to say, yes. But the reality is a bit more difficult – and time consuming. In Part 2 we'll look at this idea in more detail.

Ranking Employees: Why Comparing Workers to Their Peers Can Often Backfire.

We live in a world full of benchmarks and rankings. Consumers use them to compare the latest gadgets. Parents and policy makers rely on them to assess schools and other public institutions, and sports fans like them for help in sizing up their favorite teams. But what about when rankings are used at the office for appraising staff performance?

Supervisors Really Do Matter.

We believe that many of the time-honored procedures relating to union organizing are going to change, although we don't know yet exactly how they will change. In our consideration of steps employers should be taking to prepare to compete on a playing field which will be decidedly tilted in the unions' favor, we have not yet discussed the role of first-line supervisors. Supervisors play a crucial role in any employer's strategy to maintain a union-free operation, and we'll consider that very important element of the employer's position in this article.

Having It Your Way.

Burger King is not necessarily the only place you can get it "your way." We believe that it's possible to have a more productive and committed work force and no union at the same time. It definitely is not a case of "either . . . or." And you can do it without fighting and conflict. Indeed fighting and conflict are generally counterproductive to the effort to remain union free and often cause employers to lose their focus on the only objective that really counts – employees.

Putting a Face to a Name: The Art of Motivating Employees.

Could a simple five-minute interaction with another person dramatically increase your weekly productivity? In some employment environments, the answer is yes, according to Wharton management professor Adam Grant. Grant has devoted significant chunks of his professional career to examining what motivates workers in settings that range from call centers and mail-order pharmacies to swimming pool lifeguard squads. In all these situations, Grant says, employees who know how their work has a meaningful, positive impact on others are not just happier than those who don't; they are vastly more productive, too.

It's So Hard Admittin' When It's Quittin' Time.

Mary Chapin Carpenter's song sums up a lot of wisdom about life and it also conveys some important truths in the employee relations area.

Managing Whiners and Complainers: How to Handle Disgruntled Employees.

Almost every workplace has one - the disgruntled employee who frequently complains to supervisors and co-workers.

Job Survival Advice: Don't Fear the Whitewater.

Change is the new status-quo, and success at work will require agility, talent and the ability to learn from -- rather than fear -- failure, according to Gregory Shea, adjunct professor of management at Wharton, and business writer Robert Gunther. The two recently co-authored a book titled, Your Job Survival Guide, a Manual for Thriving in Change. In an interview with Knowledge@Wharton, the authors compared the economy and job market to a whitewater river in which every kayaker is certain to spend a significant part of the journey under water.

Politics in the Workplace: The Heat Is On.

As the November 4th Presidential election approaches, so too does the unavoidable political discourse. Invariably, the discussion finds its way over to the water cooler, creating a politically charged environment rife with disruption. Workplace friction imposed by emotionally contrasting viewpoints often leads to a corresponding decline in morale. As the distractions increase, productivity inevitably suffers.

Not What, Not How, but Who? Western Companies Face a Worldwide Talent Crunch.

Faced with an aging workforce and a growing demand for skilled workers in emerging markets like China and India, companies in the West are grappling with a talent crunch of unprecedented scope. According to experts at Wharton and The Boston Consulting Group, firms are increasingly questioning their workforce requirements and quality, training and development, and wage levels. Responses include over-hiring to meet future needs, upgrading training in concert with universities and in-house corporate schools, and extracting greater productivity through innovation.

Bringing a Knife to a Gunfight: The Problem of Under-trained Supervisors.

In a culture of empowerment, where so many employers strive for a leaner, flatter management hierarchy, supervisors are increasingly called upon to make risky, potentially costly personnel decisions. This is an especially dicey responsibility during tough economic times, when disgruntled former employees are having a more difficult time finding work. Unless they have enough training to know when and how to seek assistance, these supervisors are flirting with disaster.

Generation Y @ Work: Part 1.

An estimated 80 million members of Generation Y have joined the American workforce. These youngsters, born after 1980, present new challenges for employers. One of these is the Gen Y mindset that they are one-person enterprises entitled to sell their work experience, and the proprietary information they can gather, to the next highest bidder. Another is their willingness to change jobs often and with little notice.

Economics for Humans: Tyler Cowen on Using Incentives for a Better Life

Are most employers, then, squashing the natural motivations people have to work hard? Is there sometime wrong in focusing too much on salaries as an incentive?