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Inflated Ratings Bring Legal Woes—Guaranteed

Yesterday’s Advisor featured the Four Ms of setting good appraisal goals; today, legal pitfalls in appraisals, plus an introduction to a unique leadership training system. Because poor performance is often advanced as the reason for a termination, the performance appraisal system is often the crux of the defense against a wrongful termination suit. Here’s how […]

Background Check

EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment

The Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information. The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making employment decisions could violate the […]

IBM Appeals Wrongful Dismissal Decision; Case Raises Question of Double Recovery

By Kevin O’Neill On April 5, 2012, the Supreme Court of Canada said it would hear IBM’s appeal from the British Columbia Court of Appeal’s 2011 decision in Waterman v. IBM Canada Ltd. This important case will likely allow the Supreme Court to re-examine damages principles arising in a wrongful dismissal action. The case raises […]

‘They Never Told Me I Had to Get to Work on Time’

Ridiculous as it sounds, “they never told me” is a standard defense in employment lawsuits. It plays to the jury’s sense of fairness, and it plays pretty well. ‘Surely They Know What I Want’ Managers and supervisors don’t like confronting their employees about performance problems so they tend to assume that employees are aware that […]

Rewarding Hard Work Is a Common Mistake

Here are three more of Erdle’s six compensation mistakes. (Erdle is founder of Erdle Compensation Consulting, www.erdleconsulting.net.) [Go here for mistakes 1, 2, and 3] 4. Rewarding Hard Work Typically, you’re not trying to reward hard work, Erdle says; you’re trying to reward an outcome. The reason? Employees can work hard and still not get […]

The 6 Most Common Compensation Mistakes

He typically finds that some employees are paid too little (and likely to jump ship at the first opportunity) while others—whose specialties were desperately needed—make more than they should (and that’s robbing profits). To make matters worse, he says, no one knows which is which. Here are six of the most common compensation mistakes Erdle […]

Employer Reporting under Health Reform — How Much Is Too Much, IRS Wants to Know

Beginning in 2014, employers that sponsor health plans will have to watch closely if any employees qualify for a premium tax credit, triggered whenever the employer-sponsored coverage is unaffordable, or does not provide minimum value. On April 26, the IRS requested comments on how to determine whether a health plan provides “minimum value.” It did […]

IRS Sets HSA, HDHP Limits for 2013

Employers with high-deductible health plans (HDHPs) that make it possible for employees to open health savings accounts (HSAs) have plenty of lead time to prepare for 2013. The IRS on April 27 issued Revenue Procedure (Rev. Proc.) 2012-26, which contains the HSA and HDHP limits for calendar year 2013. The HSA annual limits and the […]

Trouble at the Fundraiser

Litigation Value: Not much from this episode, but hopefully Dunder Mifflin will recognize the problems associated with socializing with an ex-employee. This week’s episode illustrates some of the dangers of a disgruntled ex-employee. A recently fired Andy and his newly blossoming life crisis take center stage at a local fundraiser. After a great cold open where […]