News & Analysis as of

Performance Reviews

How to guarantee bad performance from your vendors

by Thompson Coburn LLP on

A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor. On the other hand, there are some pitfalls will likely or...more

Denial and Law Firm Demise

by Hayse LLC on

...Most business people are familiar with Built to Last and Good to Great, both terrific books by Jim Collins. He published a less known book, How The Mighty Fall, that I like a lot. In it Collins describes a phase that many...more

Don’t Sugarcoat Performance Evaluations

by Fox Rothschild LLP on

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

Honesty Is The Best Policy (Especially for Employers)

by Pessin Katz Law, P.A. on

Inflated, generic, or incomplete performance evaluations plague employers of all stripes. Ironically, most supervisors provide them to avoid or minimize conflict, but in the end, they often create larger problems. ...more

Employment Law Now I-10- Independent Contractors, Age Discrimination, Performance Reviews, Web Site Accessibility, and Ducks, TIEs...

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode addresses independent contractor misclassification,...more

Recommendations for Uber Are Roadmap for All?

by Shipman & Goodwin LLP on

If you had a million dollars (or more) to investigate your culture, what would you find out? (Music fans may appreciate the classic “If I Had a Million Dollars” song from the Barenaked Ladies. You’re welcome.)...more

Day 13 of One Month to Better Compliance Thru HR

by Thomas Fox on

One of the ways to operationalize compliance and to drive it into the DNA of an organization is through a performance review. Indeed, the 2012 FCPA Guidance states, “DOJ and SEC recognize that positive incentives can also...more

Defense Department Inspector General Issues Summary of Audits Assessing Contractor Performance

by Holland & Knight LLP on

The Department of Defense Inspector General (DoDIG) recently published audit report DoDIG-2017-081 entitled, "Summary of Audits on Assessing Contractor Performance: Additional Guidance and System Enhancements Needed." This...more

The Challenge of “Coasters” in Prospective Compensation Systems

by LawVision Group LLC on

There are many positive aspects to prospective Partner compensation systems but they have one glaring weakness that many law firm leaders wrestle with – what to do with a Partner who appears to be “coasting” and taking...more

Works Councils and Social Media in Germany

by Littler on

Works councils in Germany have extensive "co-determination" rights—i.e., the right to participate in company management. Works councils serve as the representative body for employees in German workplaces. Once there are five...more

Special Education Tip - Requests to Amend Student Records-Requests Your Mother Would Never Make - 45-2017

by Pessin Katz Law, P.A. on

The helicopter parenting continues. Schools are encountering more instances of parents trying to change their children’s grades and other records. A recent decision of the Family Policy Compliance Office (known since January...more

Simplifying Employee Performance Feedback Documentation

by Nexsen Pruet, PLLC on

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes,...more

State Board of Education Adopts PEAC Recommendation Regarding Use of Master Tests in Educator Evaluation Plans

by Shipman & Goodwin LLP on

At its meeting on April 5, 2017, the State Board of Education voted to adopt the March 29, 2017 recommendation of the Performance Evaluation Advisory Council (PEAC) concerning the use of state mastery test data in educator...more

[Webinar] Past Performance Primer - March 2nd, 12:00pm Central Time

by Thompson Coburn LLP on

In selecting winning vendors, federal, state and local governments have typically looked at past contract performance information as part of their overall evaluation processes. Vendors that have a history of performing well...more

Ex-GC Awarded $8 Million For Retaliatory Firing

by Jackson Lewis P.C. on

A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the...more

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

by FordHarrison on

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

Eighth Circuit Affirms Dismissal of MHRA Reprisal Claim Finding No Evidence of Pretext

In Sieden v. Chipotle Mexican Grill, Inc., No. 16-1065 (January 26, 2017), the Eighth Circuit Court of Appeals reiterated its view that an employee fails to establish pretext for an employer’s adverse employment action where...more

Busting the Myth of the Unlimited RCEs

by Fenwick & West LLP on

In June, the Government Accounting Office (GAO) issued a performance audit of the U.S. Patent and Trademark Office (USPTO), “Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity.” The report was...more

Penske and the warehouse manager: Logistics of FMLA interference

by Kirton McConkie PC on

FMLA Rights - Discrepancies and dishonesty - Kris Olson was a warehouse manager for Penske Logistics. After 12 years with the company, he received his first formal disciplinary notice in January 2014. He was given...more

EEOC Issues Fiscal Year 2016 Performance Report

On November 15, 2016, the EEOC published its Fiscal Year 2016 Performance and Accountability Report. The Performance Report details the EEOC’s efforts over the past fiscal year, which ran from October 1, 2015 to September 30,...more

Bullseye On Big Business: EEOC’s 2016 Performance And Accountability Report Shows Target On Systemic Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its annual Performance and Accountability Report for the fiscal year 2016, a must-read for employers regarding statistical data on EEOC litigation. Continuing a trend from recent...more

EEOC Issues Fiscal Year 2016 Performance Report

Agency Helps Thousands of Workers and Employers Resolve and Prevent Discrimination in the Workplace - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) secured more than $482.1 million for victims of...more

Conscientious Objectors to Arbitration Policy Can Bring Their Cases in Court

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week, the Third Circuit held that two employees could sue their employer in court despite a dispute resolution policy requiring binding arbitration, because those same employees had objected to the...more

North Korea Has Banned Sarcasm. Whatever.

by FordHarrison on

In case you haven’t seen the news, no, the title is not a joke. The last word, however, is probably illegal now in North Korea (not that I worry much that this post is making it through the Hermit Kingdom’s web filters)....more

Compliance is a Business

by Thomas Fox on

Compliance is a business. That statement should not come as a shock or even a surprise to anyone who has worked in the corporate world. Every part of a business should work towards doing business. Yet many compliance...more

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