Employee Evaluations

News & Analysis as of

A PIP of a Discharge Claim

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

CFPB Employee Review Disparities Go Beyond Race

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

Panel Discussion: Investigations and Employee Discipline

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

California Court Upholds Post-FMLA Fitness for Duty Examination in Face of Safety Concerns

A California appellate court recently held that, where evidence suggests an employee's medical condition may affect his or her ability to safely perform a job, the employee may be required to undergo a fitness for duty...more

Is An “Unlimited” Leave Policy Good Business For You?

A growing number of businesses are considering “unlimited” leave policies for their exempt employees. Unlimited leave policies are excellent recruiting and retention tools that can foster a culture of trust and productivity...more

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