Most employers understand that they should discourage the use of subjective criteria to make hiring, advancement, and severance decisions. However, many supervisors still insist that they must consider subjective criteria because factors like “attitude,” “initiative,” and “reliability” simply can’t be made objective. True or false? Let’s break it down.
Every employee undoubtedly has certain tasks that [...]
Posted in Absenteeism, Discipline, Documentation, Hiring, Hiring, Job Descriptions, Layoffs, North Dakota, Performance Evaluation, Severance Agreements, Termination, Terminations by: North Dakota Employment Law Letter
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by Susan Hartmus Hiser
Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if he’s [...]
Posted in ADEA, Discipline, Michigan, OWBPA, Policies, Severance Agreements, Termination by: Michigan Employment Law Letter
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by Susan W. Kline
Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has issued [...]
Posted in ADEA, Age Discrimination, Discrimination and Harassment, EEOC, Indiana, OWBPA, Severance Agreements, Title VII by: Indiana Employment Law Letter
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by Kara Shea
One hopeful sign that our economy is perhaps inching back in the right direction is the number of calls I’ve received in recent weeks from clients inquiring about hiring back employees let go during a reduction in force (RIF). Some employers have told me they’re contemplating bringing back certain positions, or even entire [...]
Posted in Collective Bargaining Agreement, Hiring, Layoffs, Severance Agreements, Tennessee by: Tennessee Employment Law Letter
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by John Vering
On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus [...]
Posted in ADEA, Age Discrimination, Arbitration, EEOC, ERISA, FMLA, Furloughs, Layoffs, Missouri, OWBPA, Severance Agreements, Termination, Wage and Hour, Workplace Discrimination by: Missouri Employment Law Letter
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by Kara Shea
In a previous article, I discussed the risks of some of the methods employers use to forestall layoffs (such as adjusting hours and compensation). This week, I’m going to assume the worst has happened and talk you through a layoff scenario, with the goal of reducing the risk of wrongful discharge claims and [...]
Posted in Age Discrimination, Layoffs, OWBPA, Severance Agreements, Tennessee by: Tennessee Employment Law Letter
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