News & Analysis as of

Poor Job Performance Employer Liability Issues

Constangy, Brooks, Smith & Prophete, LLP

"Quiet firing": A bad idea

Better to have the courage of your convictions. I'm sure you've heard of "quiet quitting," when an unhappy employee does the bare minimum to get by and keep drawing a paycheck, but doesn't care much about the job beyond...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Bowditch & Dewey

[Webinar] Where are my employees and how are they doing? (14th Annual Employment Law Update) - February 14th, 2:00 pm - 3:00 pm ET

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Join us for part one of the 14th Annual Law Update, when we will look ahead at hot topics that HR professionals and senior administrators of your organization or campus need to know in 2023. - Do you have employees...more

A&O Shearman

Quiet quitting – new language, old problem

A&O Shearman on

Quiet quitting did not make the OED’s ‘word of the year’ shortlist this week but it is a phrase increasingly weaving its way into conversations. Misleadingly, quiet quitting has nothing to do with employees leaving their...more

Amundsen Davis LLC

[Webinar] Managing the Quiet Quitter - December 15th, 12:00 pm CT

Amundsen Davis LLC on

In today’s world, management and human resource personnel must be on their A-game in all things relating to employees. With the new phenomenon upon us and continuing to “go viral,” management should have the latest tools to...more

McAfee & Taft

Terminated employee with bad attitude fails on religious discrimination claim

McAfee & Taft on

A car salesman who was terminated following customer complaints of a bad attitude cannot get to a jury on his religious discrimination claim according to the Tenth Circuit Court of Appeals. The Tenth Circuit, which covers...more

FordHarrison

Party Down Reboot – More Workplace Dramedy Guaranteed

FordHarrison on

In case you missed the news, everyone’s favorite caterers are returning to the small screen with most of the original cast. The series previously starred Adam Scott, Lizzy Caplan, Jane Lynch, Ken Marino, Ryan Hansen, Megan...more

Epstein Becker & Green

#WorkforceWednesday: Focus on Caregiver Discrimination, Harassment and Discrimination Protections in NY, Wage and Hour Budget -...

Epstein Becker & Green on

This week, we look at the additional guidance the Equal Employment Opportunity Commission (EEOC) recently issued regarding caregivers. EEOC Focused on Caregiver Discrimination (see video attached) The COVID-19 pandemic...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Employment Law in Germany NEW: Q&A on Reference Letters

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

McAfee & Taft

Employee’s single doctor’s note not enough to save ADA case

McAfee & Taft on

The Tenth Circuit Court of Appeals recently considered—for the second time—an employee’s claim that she had been terminated in violation of the Americans with Disabilities Act (ADA). According to the court’s summary,...more

Fisher Phillips

Who Are You? Assessing Employee Skill Sets Through Personality Tests

Fisher Phillips on

In Leaders Eat Last, Simon Sinek says “The ability of a group of people to do remarkable things hinges on how well those people pull together as a team.” And anyone who has managed employees can appreciate that varying...more

Lewitt Hackman

Employers: Every Move You Make, Every Step You Take (Could Be Retaliation): How to Police Your Employees During A Pandemic

Lewitt Hackman on

In the immediate short term, as they deal with the difficulties imposed by COVID-19, employers are making employment decisions on a daily and weekly basis, not only adding to their stress levels, but also increasing their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Decision Highlights Challenges of Dealing With Employee Performance Issues While an Employee Is on FMLA Leave

Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an...more

Parker Poe Adams & Bernstein LLP

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Parker Poe Adams & Bernstein LLP

Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Dentons

My Best Parenting Advice as Applied to Human Resources

Dentons on

I’ve been to a lot of baby showers lately where it seems like the parents-to-be are showered with as much advice as they are gifts. I’ve seen this as a parent myself - people like to give parenting advice....more

Parker Poe Adams & Bernstein LLP

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

Fisher Phillips

Are Healthcare Managers Killing Themselves With Kindness?

Fisher Phillips on

When dealing with a difficult adversary, sage advice suggests that one should consider “killing them with kindness.” That advice does not work out well, however, when healthcare managers are too kind when addressing (or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Amundsen Davis LLC

The Importance Of Documenting The Failure To Document

Amundsen Davis LLC on

One of the biggest challenges faced by health care providers is ensuring proper documentation in patient charts. Shortcomings in charting can result in lost revenue due to third party payers’ assigning a lower CPT code or...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Bradley Arant Boult Cummings LLP

I Should Have Written That Down! 5 Quick Tips for Documenting Employee Issues

We routinely receive calls from employers who want to terminate an employee (or have been sued for doing so) but do not have a good paper trail to support their decision. Usually, we hear that the supervisor has talked to the...more

Constangy, Brooks, Smith & Prophete, LLP

Has Morale Improved Yet?

Employer of the month. Staff at a hair salon in Wuxi in Jiangsu province, China, were expected to sell a quota of hair products each day....more

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