Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

April 4, 2006 — Volume 8, Number 1

AHI's Believe It Or Not
Workers’ Compensation is designed to help alleviate the negative effects of many injuries suffered in the workplace.  But being smacked with a bat, threatened with a gun, and thrown in the trunk of a car by your boss may not qualify.  The state Industrial Commission in North Carolina was tossed this hot potato when an insurance company refused to grant WC benefits to an employee who had been attacked and kidnapped by her boss and her boss’s wife. The employee and a co-worker who suffered a similar “trunk” fate were freed only after a car crash while police were chasing the kidnappers. While the attack occurred at work, the WC was denied because the insurance company believed it was a personal problem, not a work-related one.


IN THIS ISSUE:

1. Feature Story: Review Your Company’s Performance Reviews

2. Another ADA Catch To Consider

3. HR Soapbox: It's Not Gambling When I Play



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1. FEATURE STORY:
REVIEW YOUR COMPANY'S PERFORMANCE REVIEWS

Theoretically, performance appraisals are supposed to be beneficial to both employees and employers.  But in reality, most employees don’t look forward to their annual PAs.  Part of the problem could be the managers who give them.  In a study conducted earlier this year, Adecco Staffing North America found that less than half of American workers (49%) feel that managers take performance reviews seriously.  Even fewer, only 44%, say they receive constructive feedback during reviews.  Follow this advice for getting employee performance reviews back on track.

Provide regular feedback.  The formal PA should not be the first time an employee hears about what he/she is doing well on or what he/she is failing miserably at.

Prepare for it.  Determine the message you want to send to the employee, which should be based largely on the feedback you’ve previously provided.  Is it: Keep up the good work?  Or: Shape up or else?  Or is it: Take it to the next level.  Gather evidence to support your side.  There should not be any (major) surprises for the employee during the PA.

Be specific.  The more information employees have about what they need to do, the better equipped they will be to do it.  For example, instead of saying, “Your last report wasn’t very good,” say, “Next time you write up a report, make sure you include X, Y, and Z,” advised Adecco.

Give employees adequate notice.  Employees should also have an opportunity to prepare.  They should come to a PA meeting ready to discuss their goals, e.g., more responsibilities or a promotion.

Carve out time for the PA.  The discussion should not be rushed or interrupted.  

Pay attention to your communication skills.  An effective PA requires you to be clear and concise; honest, but not brutal; an active listener; and emotionally neutral.

Give employees the opportunity to comment.  The survey revealed that 47% of workers would feel better if the review process was a two-way street.

Advice Goes Both Ways

Employees can also do their part to ensure the effectiveness of performance reviews.  Pass along these tips before employees’ PAs.

  • Be prepared to discuss performance highlights and lowlights.
  • Set goals for the future.  Make suggestions on what the manager can do to help reach those goals.
  • Understand management expectations.  What’s in the job description?  What are the performance standards for each task?
  • Keep emotions in check.  Avoid becoming defensive and reacting negatively to criticism.  Focus on the future and how to improve in the criticized areas.
  • Ask questions.  This helps foster understanding.
  • Be flexible.  Keep an open mind to suggestions made during the PA process.

Are Your Discipline Practices Putting You At Risk
For A Discrimination Lawsuit?

If discipline is done for the wrong reasons, done poorly, or not done at all, it can lead to discimination or retaliation lawsuits and a variety of performance and operational problems, such as decreased morale, lower productivity, and high turnover.

In order to avoid these problems...and protect yourself, your supervisors, and your organization from legal liability — you need to ensure that when your managers discipline employees, the process is consistent, motivational, effective, and legal. That's where we can help. AHI has teamed up with HR expert Rebecca Mazin to present:

Improving Workplace Discipline Practices
Live Audio Conference

Wednesday, April 19, 2006
1:00 PM Eastern Time

REGISTER TODAY
(Don't wait...only $149 when you register before Friday, April 7)

2.

ANOTHER ADA CATCH TO CONSIDER

It’s well-known that the Americans with Disabilities Act (ADA) covers individuals without disabilities, if they are regarded as disabled or have a past history of disability.  But there’s another catch.  Less-well-known is the other group of people who can be in perfect health, but who may also qualify for ADA protection: those who...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, “Striking The Perfect Privacy Balance,” which provides you with practical insights on how to protect your company’s interests without violating employees’ privacy rights.  You get steps for effectively monitoring employee usage of electronic equipment; suggestions for conducting legal workplace searches; and tips for implementing dress code, moonlighting, romance, and testing policies that won’t trample employees’ privacy rights.

3.
HR SOAPBOX: IT'S NOT GAMBLING WHEN I PLAY

Kick back, relax, and take a few minutes to check out the HR Soapbox,“It's Not Gambling When I Play,” in which an editor discusses his take on office pools.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

2005 Survey Of Traditional Time Off And PTO Program Practices2.
2005 Survey Of Traditional Time Off And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how over 700 organizations responded to over 25 key paid time off questions.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes six stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Eliminating Disability Discrimination; Improving Workplace Discipline Practices; Preventing Sexual Harassment; and Strengthening Workplace Diversity.

Employer's Guide To Record-Keeping Requirements4.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2006 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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