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Employee Evaluations Hiring & Firing

Troutman Pepper

Making Sandwiches and Managing Employees: Hulu’s The Bear - Hiring to Firing Podcast

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Sometimes it’s not what you say, but how you say it. What’s the best approach to managing and getting the most out of your employees? Are there gender and generational challenges to administering performance management...more

Parker Poe Adams & Bernstein LLP

Above-Average Performance Reviews Counter Employer's Grounds for Termination

​​​​​​​“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

Parker Poe Adams & Bernstein LLP

How Should Employers Address Refusal to Sign Disciplinary Warning?

Recently we had an employer ask about how to react to an employee who adamantly refused to sign its standard disciplinary warning form. The employee had been counseled regarding deteriorating work performance but took issue...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...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

FordHarrison

Don’t Let Unreasonable Expectations Doom Your Workplace Like It Almost Did to WandaVision

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It’s official. The Marvel Cinematic Universe (MCU) has successfully expanded to television.  While Marvel has had previous forays into this medium (including Agents of S.H.I.E.L.D. and various shows on Netflix), WandaVision...more

Foley & Lardner LLP

The Value of a Good Performance Review

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Getting supervisors and managers to prepare detailed and thorough performance reviews is like getting kids to eat their vegetables. They don’t want to do it, and they’ll look for excuses to avoid it. But just as good parents...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

Dickinson Wright

Four Things Employers do to Make the Holidays (or Any Time of Year) Happier for Plaintiffs’ Attorneys

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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

Foley & Lardner LLP

11th Circ. Reminds Employers Why Best Practices Matter

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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

Williams Mullen

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

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Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

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In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

FordHarrison

Will & Grace: New Run, Same Naughty Karen

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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

Jackson Lewis P.C.

Tips For Conducting Year-End Performance Evaluations

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Holiday parties aren’t the only thing your employees are buzzing about this time of year – ‘tis the season for year-end performance evaluations! Performance evaluations, when used properly, are a powerful tool for...more

Fox Rothschild LLP

Don’t Sugarcoat Performance Evaluations

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Many people want to be liked. Problems arise, however, when a supervisor’s desire to be liked prevents them from pointing out deficiencies in an employee’s work. Pointing out deficiencies is a way for supervisors to help...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

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In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

FordHarrison

Developing a PIP that will make employees comeback heroes—Tom Brady style

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As an HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors...more

FordHarrison

Top 5 HR resolutions for not getting sued in 2017

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As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

Zelle  LLP

Big Data in Human Resources = Big Decisions for HR Pros

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Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Franczek P.C.

ISBE Issues Updated Non-Regulatory Guidance on PERA and Senate Bill 7

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The Illinois State Board of Education (ISBE) recently updated its Non-Regulatory Guidance on the Performance Evaluation Reform Act (PERA) and Senate Bill 7 (SB 7). Similar to the 2012 guidance, the updated Non-Regulatory...more

Sherman & Howard L.L.C.

A PIP of a Discharge Claim

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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

Sands Anderson PC

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

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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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