Performance Reviews

News & Analysis as of

Busting the Myth of the Unlimited RCEs

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

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

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

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.

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

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...

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

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

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

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

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

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

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

EEOC Issues Fiscal Year 2015 Performance Report

Agency Makes Progress in Combating and Preventing Discrimination and Delivering Excellent Service to the Public WASHINGTON- The U.S. Equal Employment Opportunity Commission (EEOC) achieved record results in its enforcement...more

The benefits of an appeal or review committee

Retaliation claims are some of the most common employment-based claims that employers face. In 2014, the number of retaliation claims filed with the Equal Employment Opportunity Commission reached a record high – 37,955...more

UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS

In March 2014, we published a blog about challenging an unfavorable interim or final Contractor Performance Assessment Report System (“CPARS”) rating. Because of changes in the regulations, we wanted to update that post for...more

Performance Reviews For Marriages: What Could Go Wrong?

Marriage therapists are now advocating the use of “performance reviews” by spouses, according to an article in Monday’s Wall Street Journal. “By taking time to regularly evaluate and review their relationship together,”...more

HR FUN PUZZLE: Find What The AARP Did Right With This Underperforming Employee

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The plaintiff was 50 when she was hired by her 56-year-old...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

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