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Employee Relations

After firing, counter frivolous lawsuits with solid documentation of poor performance

07/01/2012
Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.

Top management wants to ax ‘troublemaker’? Beware wrongful termination retaliation

07/01/2012
There are some things employers just can’t do, no matter what a senior manager may want. For example, you can’t punish a good employee for pointing out potential legal violations.

Celebrations keep firm culture consistent across locations

06/26/2012
Every Friday, a beer truck parks outside the Miami and Chicago offices of digital agency BGT Partners, and employees are invited to toast each other for their successes during the week. Both locations are new to the company, and execs have said what happens at one will happen at both in an effort to keep the culture consistent companywide.

Tell bosses: Include details in evaluations

06/21/2012
Here’s an important reminder for supervisors: Details count at evaluation time, especially if poor performance will lead to a performance improvement plan or even discharge.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

New boss raises the bar? Give worker a chance to improve, discipline if she doesn’t

06/15/2012

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

7 ways to limit your social media liability

06/14/2012

Online social networking sites provide a variety of benefits to organizations. They can help you collect industry-based knowledge, reach new customers, build your brand and publicize your company’s name and reputation. But those benefits come with their fair share of legal risks. You need a comprehensive social media policy to guide employees on your expectations about their online behavior.

Be wary of hitting employee with sudden criticism after FMLA request

06/14/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has re­­quested FMLA leave and was previously performing well, be suspicious of claims that she’s now performing poorly.