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Performance Improvement Plans Employer Liability Issues

Parker Poe Adams & Bernstein LLP

FMLA Requires Employers to Adjust Work Expectations

When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more

Fisher Phillips

How to Conduct Terrible Employee Evaluations: Your 5-Step Plan on What Not to Do

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If your workplace is anything like most others, your team probably dreads the annual performance review process. Employees don’t like receiving reviews and managers don’t like conducting them. In fact, only 26% of North...more

Amundsen Davis LLC

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

Amundsen Davis LLC on

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 4: Performance Improvement Plans - November 1st, 12:00 pm - 2:00 pm CT

Amundsen Davis LLC on

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 3: Conducting Workplace Investigations and Documenting Employee Issues - October 18th, 12:00 pm - 2:00...

Amundsen Davis LLC on

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 2: How to Effectively and Lawfully Communicate with Your Employees - October 4th, 12:00 pm - 2:00 pm CT

Amundsen Davis LLC on

Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 1: Recruiting and Onboarding Employees - September 20th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Spilman Thomas & Battle, PLLC

Performance Evaluations: Training Managers Is Key

Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an...more

Venable LLP

Best Practices for Handling and Documenting a Non-Performing Employee

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Addressing an employee's failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee....more

Verrill

Massachusetts Employee Fired For Submitting PIP Rebuttal Protected By Public Policy

Verrill on

In a recent decision, Terence Meehan v. Medical Information Technology, Inc., the Massachusetts Supreme Judicial Court ruled that an employer cannot terminate an employee for exercising the right to file a rebuttal to a...more

FordHarrison

Possibilities … Endless Possibilities

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“What if ? …” may be the best rhetorical tool in an HR professional’s kit. Just about anyone can spot a risky situation—more often, though, the trick for an HR manager is how to successfully steer a colleague away from that...more

Mitratech Holdings, Inc

The 4 Kinds of Workers: From Worst to First – Which Type of Worker Are You?

I once heard a speaker talk about the differing work ethics people have and it has stuck with me to this day. Through experience, I subtly developed my own classifications of workers in an effort to grow professionally. It’s...more

Parker Poe Adams & Bernstein LLP

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Jaburg Wilk

Are Performance Improvement Plans the Best Practice?

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Categories: Employment, Article I often get asked – what is the best way to terminate an employee? Often, the discussion centers around whether the employer should issue a written warning and/or performance improvement plan...more

Genova Burns LLC

Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

Genova Burns LLC on

The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Foley & Lardner LLP

11th Circ. Reminds Employers Why Best Practices Matter

Foley & Lardner LLP on

What happens when an employer’s allegedly good documentation of an employee’s poor performance is met with an employee’s allegations that she was subjected to multiple racially charged comments in a two-month period? A...more

FordHarrison

What Tiger Woods Can Teach HR About Using Performance Improvement Plans to Salvage Struggling Employees

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Last weekend’s Ryder Cup notwithstanding, Tiger Woods has made an impressive comeback by winning the PGA Tour Championship in September. The win was Tiger’s 80th victory on the PGA tour but his first since 2013 after a long...more

FordHarrison

Television Shows And Performance Evaluations: It’s All About The Ratings, Baby

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In May each year, broadcast TV, cable, and streaming services begin announcing series renewals and cancellations. This process continues well into the summer....more

Akerman LLP - HR Defense

A Shield or a Sword? The Role of Performance Evaluations in Employment Litigation

Performance reviews are intended to provide feedback and identify opportunities for growth. They can also help an employee understand how well the employee is meeting the employer’s expectations. ...more

Franczek P.C.

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

Franczek P.C. on

I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

Sherman & Howard L.L.C.

A PIP of a Discharge Claim

Sherman & Howard L.L.C. on

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

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