News & Analysis as of

Poor Job Performance Hiring & Firing 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

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

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

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

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

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

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

Jackson Lewis P.C.

Court Grants Summary Judgment Where Decision-Maker Was Unaware Of Plaintiff’s Medical History

Jackson Lewis P.C. on

Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is...more

Bradley Arant Boult Cummings LLP

Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance

What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

Fisher Phillips

7 Steps To Sever Ties With An Employed Physician

Fisher Phillips on

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

Blake, Cassels & Graydon LLP

Top 10 Issues for Employers, Issue #10: Terminating an Employee for Poor Performance

This is the 10th and final instalment in our Top 10 Issues for Employers series. This instalment addresses terminating an employee for poor performance. OVERVIEW - Under Canadian law, employers may unilaterally and...more

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