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Tips & Tactics Column -- Employee Evaluations
05/25/2010
By: Donald Berner

This installment of Tips & Tactics passes along some information related to employee evaluations. 

Periodic -- Employers should establish an evaluation process to ensure employees receive periodic feedback regarding the employee's performance.  There is no magic to the period to utilize; however, keep in mind this is sometimes the only time an employee gets feedback from a supervisor regarding job performance.

Ongoing -- Even though the evaluation process may only require an "annual" evaluation, supervisors should provide regular feedback during the evaluation period.  In other words, supervisors should not save up all the constructive criticism (or praise) for the once a year sitdown with the employee.  Take a few minutes to discuss concerns or to handout praise at the time of the event.  Supervisors should make a note of these meetings to assist with completing any formal evaluation documents at the end of the evaluation period.

Honest -- The evaluations need to be accurate even if that means you might hurt someone's feelings.  Performance will never improve if the employee isn't made aware of the deficiencies and given constructive guidance on how to improve in those areas.  Too often supervisors have a tendency avoid the negatives and focus only on the positives.  Not only does this hinder the employee's ability to improve, it also makes for bad evidence later when we terminate an employment relationship due to poor performance that was never documented in the evaluation process. 

Interactive -- Use the evaluation process to engage the employee with respect to the employees goals and objectives.  This is a good time to      Continue Reading...

 
Tips & Tactics -- Employee Discipline
05/11/2010
By: Donald Berner

On a regular basis I will be posting a Tips & Tactics entry covering a wide range of practical employment law issues.  This opening Tips & Tactics column passes along some information related to employee discipline sessions.

Investigate -- Prior to initiating any disciplinary action, the supervisory team should ensure they have all the facts.  While investigations can be a topic of their own, the basic idea is to get the when, where, why, what, and who information all sorted out before making any final decisions.

Be Consistent -- Make sure the disciplinary action being proposed in the current situation is consistent with past disciplinary actions for similar situations.  If this is a matter of first impression make sure you set the disciplinary consequence at the proper level for future situations that may arise.  One suggestion in setting the discipline level for matters of first impression is to set the discipline level as if the employee involved is one of your best employees.  This will help you avoid setting an improper consequence you will be forced to live with later because of your focus on the current situation.

Corrective Action -- The general purpose of disciplinary action is to correct or remedy a deficiency in the employee's performance.  Take the time to provide concrete examples of the behavior being corrected along with a plan of action to assist the employee in correcting the behavior.

Confidentiality -- The disciplinary history for an employee is not for public release to the employee's co-workers.  Make sure the disciplinary meeting and      Continue Reading...

 
Questions about Asking Questions
05/01/2010
By: Boyd Byers

What’s the most unusual question you’ve ever been asked during a job interview? During a pre-NFL-draft interview last week, Miami Dolphins general manager Jeff Ireland asked former Oklahoma State receiver Dez Bryant, “Is your mother a prostitute?” 

"No, my mom is not a prostitute,” Bryant told a reporter. “I got mad -- really mad -- but I didn't show it.”  
 
Ireland’s interview question was the hottest topic on ESPN, sports talk radio, and sports blogs for several days. Then stories began to surface about inappropriate interview questions directed at other top draft prospects. Standout defensive tackle Gerald McCoy was asked, “Do you play in a G-string or a jock strap?” Safety Myron Rolle, who skipped his senior year at Florida State to study at Oxford on a Rhodes scholarship, was questioned about what it felt like to desert his team. Toby Gerhart, who was second in the Heisman trophy voting, was asked if being a white running back made him feel “entitled.”    
 
Outspoken Kyle Turley, a former NFL lineman, offered his two cents about Ireland’s interview question to Bryant, “I don’t care who you are or who you’re talking to – that kind of question usually gets your [expletive] teeth kicked in.” And, in the real world, questions about G-strings and feelings of racial entitlement can get you sued.
 
While NFL executives may not live in the real world, you do. Make      Continue Reading...
 


Authors
Don Berner Image
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers Image
Boyd Byers, the General Employment Law Guy
Jason Lacey Image
Jason Lacey, the Employee Benefits Guy
Additional Sources
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