News & Analysis as of

Performance Reviews

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

School Districts: Here We Go Again…(Most) Recent Changes To APPR Regulations (5/16)

On May 16, 2016, Board of Regents yet again issued revised emergency regulations related to teacher and principal annual professional performance reviews (APPR). These new regulations go into effect on June 14, 2016....more

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

by Foley Hoag LLP on

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

What's a "Yahoo"? An Object Lesson in Employer-Employee Relations

by Lewitt Hackman on

Can you mistakenly fire employees? According to recent media reports, Yahoo apparently did. News about Yahoo’s mix-up were reported earlier this week in various media outlets. As it turns out, as many as 30 employees...more

School Districts: APPR in New York, Just Like the Weather…If You Don’t Like it, Wait a Minute, it Will Change (2/16)

Almost six years ago, New York State passed Education Law § 3012-c, which fundamentally altered classroom teacher and principal evaluations, requiring for the first time that student performance and assessment be a main...more

Business Success: How to Establish a Winning Company Culture

by Lane Powell PC on

True business leaders are good at what they do — they are skillful planners, have passion for what they do and exercise good judgment. At a recent Seattle seminar for startup companies, I stressed that “company culture”...more

3 tips for appropriate performance appraisals

by FordHarrison on

Each new year brings new resolutions. You might not be surprised to learn a 2015 Nielsen survey showed getting in shape was the most common new year’s resolution for last year. This year is likely to bring more of the same. I...more

Annual Compliance Testing Should Re-Calibrate WSPs

by Burr & Forman on

As 2015 ended, FINRA fined Barclays Capital $13.75 million for mutual-fund switching and breakpoint supervisory failures that might have been avoided if that part of Barclay’s WSPs had been properly calibrated and/or part of...more

ARB Broadly Interprets Adverse Action Once Again

On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more

Australia Non-Compete Update: the Difference Between Winning and Losing Restraint Litigation is Often Good Housekeeping

by Seyfarth Shaw LLP on

An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives...more

Employers Beware: EEOC’s 2015 Performance And Accountability Report Reaffirms Its Commitment To High Profile, Systemic Litigation

by Seyfarth Shaw LLP on

On November 19, 2015, the EEOC released its annual 2015 Performance and Accountability Report (“PAR”). The Report reflects the progress of the EEOC’s continued efforts to meet the enforcement priorities outlined in its 2012...more

EEOC Revela Informe De Rendimiento para el Año Fiscal 2015

Agencia avanza en combatir y prevenir la discriminación y en ofrecer un servicio excelente al público - WASHINGTON- La Comisión Para la Igualdad de Oportunidades en el Empleo (EEOC) logró resultados récord en sus...more

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