News & Analysis as of

Employee Evaluations Performance Improvement Plans

Mitratech Holdings, Inc

A Manager's Guide To Performance Review Comments

Performance reviews feel like a daunting task for managers and employees alike. Yet, they hold immense potential to foster growth and enhance workplace dynamics....more

Fisher Phillips

How to Conduct Terrible Employee Evaluations: Your 5-Step Plan on What Not to Do

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If your workplace is anything like most others, your team probably dreads the annual performance review process. Employees don’t like receiving reviews and managers don’t like conducting them. In fact, only 26% of North...more

Mitratech Holdings, Inc

Navigating Difficult Conversations in Performance Reviews: Tips for HR Leaders

Performance reviews are a crucial part of any organization’s growth and success. They provide an opportunity to assess employee performance, set goals, and offer constructive feedback. However, not all conversations during...more

Spilman Thomas & Battle, PLLC

Performance Evaluations: Training Managers Is Key

Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an...more

Venable LLP

Best Practices for Handling and Documenting a Non-Performing Employee

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Addressing an employee's failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee....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

Jaburg Wilk

Are Performance Improvement Plans the Best Practice?

Jaburg Wilk on

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

Genova Burns LLC

Third Circuit Permits Terminated Employee to Present Broad Comparisons to Others

Genova Burns LLC on

The Third Circuit’s recent decision in Andujar v. General Nutrition Corporation (GNC) should remind employers that termination of an employee based on poor performance should result from clear policies, and that personalized...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

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

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

Sands Anderson PC

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Sands Anderson PC on

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...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

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