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Good faith is the key to litigation-Proof employment decisions

04/21/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

How to respond when employees’ creditors come calling

04/21/2008

Record numbers of bankruptcies and foreclosures have been making news for years. However, a quieter phenomenon—one fraught with traps for unwary employers—is a concurrent and growing trend of court-ordered or government-issued wage garnishments. Here’s practical advice on what to do when someone wants a piece of your employee’s paycheck.

Is the term ‘probationary period’ dangerous?

04/18/2008
Q. Our existing employee handbook includes a probationary period for newly hired employees. In revising the handbook, should we consider omitting this provision due to the possibility that we could be altering the at-will employment relationship?

San Francisco supervisors say high-Priced employees face layoffs

04/18/2008
Faced with a large budget shortfall, San Francisco supervisors are proposing a way to deal with the $338 million deficit the city expects next year. Board of Supervisors President Aaron Peskin wants to draft legislation that eliminates some high-paying city positions …

Tap into the lawsuit-saving power of self-reviews

04/17/2008

When an employee sues over an alleged discriminatory firing, courts typically make a beeline for one piece of evidence: the employee’s performance evaluation. The problem: Supervisors are notorious for giving overly kind evaluations, even to poor performers. That’s why it’s wise to get another opinion: the employee’s own …

A dim-Witted way to cut your organization’s health costs

04/17/2008
Do some of your employees’ spouses or children have serious (and expensive) health troubles? It may be tempting to offer suggestions about less costly treatments—or even to send that employee packing. But don’t do it. As this new ruling shows, it’s illegal to discriminate against employees based on their relationship with a disabled person …

Must we offer time off as an ADA accommodation?

04/17/2008

Q. We employ fewer than 50 employees. What’s our obligation under the FMLA or the ADA to bring back an employee who has missed lots of work? We want to lay her off. Can we?

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Use peer-Review process to assess subjective qualities—And justify discipline

04/14/2008
Whether dealing with clients or co-workers, an abrasive, rude and arrogant employee can spell big trouble. The problem, of course, is measuring something as subjective as likeability or abrasiveness. One possible way: Use a peer-review process to gather relevant information and a consensus on how well employees get along with others …

Make common sense the driving force of your business

04/10/2008
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