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Problem Employees


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Managing Problem Employees
The appropriate techniques for handling grievances and prevention

Advice for Supervisors
How supervisors legally discipline and fire poor performers

Basic Training for Supervisors
How supervisors can reduce legal risks at the time of an employee’s termination

Defamation at Work
Issues in the workplace and specific strategies for prevention

Discipline and Documentation
Correctly document performance problems and issue effective discipline

How to Fire Employees
Specific steps to minimize legal risks when terminating an employee

How Supervisors Fire
The legal dangers of firing an employee and 11 other legal landmines

Firing with Confidence
How supervisors keep terminations from turning into legal blunders

Sexual Harassment
How supervisors can address and prevent sexual harassment

State Requirements
What your state lawmakers have to say on this issue

Federal Laws and Regulations
Advanced warning of new legislation and other federal developments

The end of the last millennium brought with it enormous changes to the workplace — and concomitant pressures for employers. In addition to huge technological advances, the advent of globalization and the proliferation of mergers have transformed the way we do business. As a result, motivating, guiding, and keeping employees who are part of a rapidly changing workforce and business environment have become monumental tasks for employers at the dawn of this new century.


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At the same time, you must deal with record numbers of disgruntled, suspicious, and apathetic employees. Employee lawsuits have reached an all-time high and are still rising. Managing problem employees in the face of our increasingly litigious society is one of human resources' most serious challenges today.

Avoiding litigation is a powerful motivator. But retaining an under-performer for fear of litigation can be equally unappealing. More often than not, your best bet is to implement strategies set to improve the employee’s performance. Of course, good hiring techniques and job descriptions are the seeds of good policies for avoiding under-performers.

When these strategies fail and firing is the only option, the accuracy of your documentation, especially your performance evaluations and any disciplinary memos, as well as the effort you put into implementing fair policies in your work environment can mean the difference between time in the court room and a good, clean break from a poor employee.

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Related articles on Problem Employees from the State Employment Law Letters
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Employees' personality clash leads to sexual harassment suit
  Iowa Employment Law Letter, April 2008
Do you give problem employees 'action plans'?
  Mississippi Employment Law Letter, April 2008
Putting a stop to bullying in the workplace
  Wisconsin Employment Law Letter, April 2008
Three steps to better workplace investigations
  Rhode Island Employment Law Letter, January2008
Employer may be liable for harassment because of weak disciplinary response
  ArkansasEmployment Law Letter, January 2008
Employee tries his luck twice at same game
  Massachusetts Employment Law Letter, January2008
Misconduct, not religious bias, leads to teacher's termination
  Iowa Employment Law Letter,January 2008
Three steps to better workplace investigations
  Colorado Employment Law Letter, January2008
Bad employees teach good lessons
  Kansas Employment Law Letter, December 2006
Being creative in lieu of termination
  Arizona Employment Law Letter, December 2001

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