Managing High Performers: Top Gun Maverick – Hiring to Firing Podcast
Making Sandwiches and Managing Employees: Hulu’s The Bear - Hiring to Firing Podcast
Addressing Bias in Performance Reviews [More with McGlinchey, Ep. 31]
As 2020 Winds Down, Keep Your Guard Up!
Governance Series: A Good Hospice Board in Action - What it Looks Like
PODCAST: Challenging Negative CPARS Reports – Protecting Contractor Reputation Through CPARS Challenges
Employment Law Now I-10- Independent Contractors, Age Discrimination, Performance Reviews, Web Site Accessibility, and Ducks, TIEs and Chimps
Day 13 of One Month to Better Compliance Thru HR
Are performance-based terminations of employment possible in South Korea? The answer may lie in a recent Supreme Court of Korea case in which the employer obtained a favorable decision regarding the legitimacy of dismissing...more
How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more
You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more
As we approach the deadline for paying federal individual income taxes and, generally, for filing the returns on which such taxes are determined, some of you may be recalling how the Inflation Reduction Act of 2022...more
You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more
Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more
Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more
Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more
On October 25, 2022, a federal jury in Houston awarded a woman $365,000,000 in punitive damages and over $1,000,000 in compensatory damages, after finding that her employer had terminated her in retaliation for complaining...more
“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more
Employers want a happy workforce; that’s a given. But there are certain things that employers do to further that goal that might as well be a present tied with a bow for a plaintiff’s attorney after an employment relationship...more
NEWS & ANALYSIS - Where no performance review has gone before - By a show of hands, how many of you use annual performance reviews? And how many of you think that there must be a better way to manage your employees? If...more
Back in March, I wrote about the revival of Will & Grace, though we all know it is really the Jack & Karen show. Over the years, we have seen the softer side of Karen Walker, which lies far (really far) below the surface of...more
Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more
Annual performance reviews are dreaded by supervisors, employees, and human resources professionals alike. They rarely look at an entire year of performance, are usually filled with gratuitous, vague, and meaningless...more
We have all lived in a highly regulated, pro-employee environment for years. Moreover, there is no hiding it; employers are bombarded by news about the hazards of having employees which illustrate the various pitfalls, often...more
California state courts see an average of ten to twenty employment lawsuits filed every day. Discrimination and wrongful termination claims are still quite prevalent in those filings. The recent California Supreme Court case...more
In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more
As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:...more
The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself...more
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and/or termination of an employee who has requested or is on FMLA leave....more