Problem Employees

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    Have you ever dealt with that one employee who seems to exist for the sole purpose of giving HR and management one big headache? These are problem employees and they are everywhere. No organization is exempt from their disruptive behavior or their negative effect on the morale of the remainder of the workforce. At best, they may simply be time...

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    Clients often ask for advice on the right time to discharge employees who are unable or unwilling to improve their performance over time, even after being given a performance improvement plan. Unfortunately, there's no set answer because every circumstance is just a little bit different. Request all written documentation When reviewing a case...
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    The U.S. 1st Circuit Court of Appeals (whose decisions apply to New Hampshire employers) recently confirmed a trial court's decision in favor of an employer in a sexual harassment and retaliation case in which a female former sales manager alleged that her male supervisor placed his hand on her shoulder and said she owed him for hiring her while...
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    The 6th Circuit recently upheld a trial court's dismissal of a retaliation case because the employee couldn't prove the employer's stated reason for her termination was a "pretext," or excuse, for retaliation. Facts Paula Brown worked for the Lexington-Fayette Urban County Government (LFUCG), issuing permits for heating, ventilation, and air...
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    After a five-year process, the Kentucky Court of Appeals, faced with conflicting facts, missing evidence, and changing arguments, recently confirmed that yelling at a supervisor, directing obscenities at the supervisor, and being tardy 14 times in seven weeks disqualify an employee from receiving unemployment benefits. Facts Jay Scott worked...
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    If you're at all like an estimated 88% of Americans, you've already fallen behind on your personal list of New Year's resolutions. We hope everyone is still diligently following through with their HR goals, but in case anyone out there has fallen off the "best employment practices" wagon, we want to focus on two resolutions — better...
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    The West Virginia Supreme Court of Appeals recently loosened the evidentiary burden for employees suing their employers for workers' compensation retaliation. In the process, the court made it more difficult for employers to decide whether to return employees to their previous jobs following an injury. Nagging injury delays full return In 2005...
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    The U.S. 10th Circuit Court of Appeals, whose decisions apply to all New Mexico employers, recently found no discrimination had occurred in a case in which an employer fired an employee based on a good-faith belief that he had engaged in misconduct, including dishonesty and rude behavior. Facts The New Mexico Environment Department (NMED)...
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    The French fabulist Jean de La Fontaine told a story about a monkey who persuaded a cat to steal chestnuts from a fire. The result: The cat burned its paw, and the monkey ate the chestnuts. The moral of the story: Don't let someone else use you to achieve their own improper goals. Recently, a former government employee advanced a novel "cat's-...
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    Job performance is the basis for an employer's decision to promote, discipline, demote, or fire an employee. Employees should be evaluated periodically through formal performance appraisals, which allow employers to recognize good performance, note deficiencies, reinforce company expectations, and provide specifics for job improvement. Even...
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