Total Articles: 14
Nexsen Pruet • April 27, 2017
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.
Goldberg Segalla LLP • February 10, 2016
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).
XpertHR • December 18, 2015
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?”
XpertHR • November 10, 2015
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.
XpertHR • October 20, 2015
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.
Fisher Phillips • October 01, 2015
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.
Ogletree Deakins • July 29, 2015
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?
Ogletree Deakins • July 23, 2015
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.
Fisher Phillips • July 01, 2015
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.
Ogletree Deakins • January 03, 2014
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.
Ogletree Deakins • June 27, 2012
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.
Fisher Phillips • May 05, 2011
One area where many dealership managers continue to struggle is in effectively counseling poorly performing employees â€“ 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
Fisher Phillips • March 02, 2011
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.
Fisher Phillips • January 04, 2010
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.