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Clarify and Coach, the Two Cs of Performance Management

Too often, managers avoid giving honest evaluations. Maybe they fear causing hurt feelings or maybe they don’t know what to do, but the result is the same—a lost lawsuit. The solution? The two Cs—Clarify and Coach. You know you should be coaching Terry, but you’re busy, and Terry’s doing OK. Well, OK is overstating it, […]

Insurance Contract Overrules More Specific SPD, 9th Circuit Rules

The 9th U.S. Circuit Court of Appeals decided that an insurance certificate was an official plan document that overrode the plan’s summary plan description. It shows that plans are vulnerable when they attempt to set out plan terms in the SPD only without corresponding language in the official plan document. For stronger plan design, the […]

News Notes: Worker With Disabled Child Protected By The ADA, Court Rules

An employee who claimed she was fired because her newborn daughter had a disability has been given the green light to sue her employer under the Americans with Disabilities Act. Karen Abdel-Khalek, who worked for Tenenbaum and Associates, Inc., gave birth to a baby with serious health problem. Several months later, while Abdel-Khalek was on […]

Social media policy best practices: Electronic monitoring

How do you craft a social media policy and internet use policy that helps to maintain your business image and reputation, your right to duty of loyalty, and your right to privacy without infringing upon your employees’ rights to privacy and freedom of expression? How specific do you need to be in your employee handbooks […]

Discipline and Termination—Near Guarantees of a Lawsuit

In yesterday’s Advisor, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a unique, checklist-based audit system. Today’s mistakes are again courtesy of the Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. As with evaluations, discipline […]

Sabotage!

Litigation value: Nothing in this episode, but Dwight is perilously close to civil and criminal liability for his computer activities. Jaclyn West wrote about this episode, Doomsday, two months ago when it originally aired. Her post discussed “motivation” and the inevitable sexual harassment of warehouse Val, either at the hands of Gabe or Darryl. Dwight’s […]

Employee Confidence Nearing Record Highs

Employee confidence concerning the job market is better than it has been in years according to Glassdoor’s Q1 2016 Employment Confidence Survey. What could that mean for your talent pipeline?

Supreme Court’s action on ‘travel ban’ eases some employer concerns

by Tammy Binford and Holly Jones The U.S. Supreme Court’s decision to allow a limited form of President Donald Trump’s “travel ban” to take effect means people from the affected countries who work for employers in the United States are probably exempt from the ban. But the decision doesn’t clear up all questions for those […]

New Connecticut law makes wage infractions more dangerous

by John Herrington A new Connecticut law taking effect October 1 requires courts to award double damages plus court costs and attorneys’ fees for most employee wage claims. Under the new law—Public Act 15-86, the “Act Concerning an Employer’s Failure to Pay Wages”—a court must award, as a baseline default, double damages plus court costs […]