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Employer Liability Issues Employee Evaluations

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

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

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 2, June 2023

Considerations for Employing AI in the Workplace - What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance,...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

Akerman LLP - HR Defense

Don’t Be Left Out In The Cold on Effective Performance Reviews: Five Tips You Need To Know

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Tis the season for employee performance reviews! In the midst of the chaos that is the holiday season and end-of-year deadlines, employee performance reviews are often scheduled during this busy time of the year. An impending...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

Demote an Employee After a Positive Performance Review? Federal Appeals Court Says Not So Fast

Although it seems counterintuitive, we regularly run across situations where clients want to fire or demote an employee who recently received a promotion, stellar performance review, or some other kind of reward for good...more

Payne & Fears

[Virtual Employment Seminar] Fear Nothing 2021: Regular Rate of Pay, Remote Workforce Landmines, COVID Litigation & Workplace...

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2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...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

Franczek P.C.

Evaluation Notices Due to Teachers

Franczek P.C. on

Section 50.100 of the ISBE teacher evaluation regulations requires that teachers who are to be evaluated during the upcoming school term be notified that they will be evaluated and provided with certain information regarding...more

Littler

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

Littler on

All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)?  In López-López v. The Robinson School, the...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?

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

Parker Poe Adams & Bernstein LLP

Performance Counseling and Mediation Session Not Considered Adverse Employment Actions Under Title VII

Employees cannot sue under federal anti-discrimination laws for every perceived slight or workplace occurrence. In order to be actionable, the alleged employer conduct must rise to the level of an “adverse employment action.”...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

Seyfarth Shaw LLP

Federal Court Determines That Decision-Making By Upper Management May Allow For Certification In A Title VII Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more

Orrick - Employment Law and Litigation

Making a List and Checking It Twice – Key Employment Considerations For The New Year

You may be asking yourself: How is it already almost 2019?! With the New Year fast approaching, for those employment law enthusiasts out there, here are some legal issues that you want to keep in mind as you look back on 2018...more

Burns & Levinson LLP

Careless Employee Reviews Are Not Only Useless, They’re Harmful

Burns & Levinson LLP on

While employee reviews have obvious benefits from a Human Resources standpoint, implementing a policy that ensures employee reviews are well-crafted and accurate today, can go a long way toward insulating the company from...more

Dickinson Wright

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

Dickinson Wright on

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

Foley & Lardner LLP on

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

Parker Poe Adams & Bernstein LLP

Multi-Tiered Review Process Can Avoid Cat's Paw Claims

In the 17th century fable The Monkey and the Cat by Jean de La Fontaine, a monkey convinces a cat to push roasting chestnuts from a fire, singing his paws in order to provide the monkey with a meal. Ever since, “cat’s paw”...more

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