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Employer Resource Institute
Home | Performance/Termination

Performance & Termination

Subtopics:

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Discipline
Evaluation 
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Termination

Complete Topic List


Online Exclusive: Checklist for Sexual Harassment Investigations
September 2010
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or . . . more
Bulletin: Checklist for Sexual Harassment Investigations
September 2010
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the . . . more
'Love Contract' for Dating Co-Workers
September 2010
Dating among co-workers is almost inevitable, but it can cause employers headaches. An employer could face claims of sexual harassment and retaliation from an involved employee after a relationship ends. Other workers who perceive favoritism at play might bring hostile work environment claims. . . . more
ERISA: Transfer to Lesser Job Entitles Employee to Severance Benefits; How to Avoid the Employer's Missteps
August 2010
When you hear a reference to "ERISA" (the federal Employee Retirement Income Security Act), it typically brings to mind employee retirement and insurance plans. But, as one employer was reminded by the Ninth Circuit Court of Appeals, which includes California, it also applies to severance plans. This means you need to be careful when denying benefits under severance plans or risk costly federal litigation and reversal by a court. . . . more
Compensation: Nonexempt Employees File Wage and Hour Class Action Against Bank; Tips for Preventing Similar Claims
August 2010
California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime. . . . more
Featured Resource: Sample Lactation Accommodation Policy
August 2010
In 2002, California became one of the first states to mandate lactation breaks for breastfeeding employees. Under Section 1030 of the state Labor Code, all employers must provide a reasonable amount of time to employees who wish to express breast milk for their infant children. . . . more
Bulletin: California Supreme Court to review mixed-motive bias case
July 2010
The April issue of CEA covered the California Court of Appeals' decision in Harris v. City of Santa Monica. The court ruled that if there is both a legally permissible reason and an . . . more
Regulations: DOL Announces New Regulatory Agenda; Employers Could Shoulder a Substantially Heavier Compliance Burden
The U.S. Department of Labor (DOL) announced its "Spring Regulatory Agenda" in April, unveiling a new regulatory and enforcement strategy for compliance that will place the onus on employers to "find and fix" violations before DOL investigators arrive at the workplace. . . . more
Bulletin: U.S. Supreme Court to review employer's liability in federal discrimination case
June 2010
The U.S. Supreme Court has agreed to hear arguments in Staub v. Proctor Hospital to determine whether an employer can be held liable for discrimination when biased officials caused or influenced . . . more
Discipline: Effective PIPs That Won't Land You in Legal Hot Water
April 2010
Performance Improvement Plans--or PIPs--have become a common part of progressive discipline programs. . . . more
Online Exclusive: Sample Supervisor Evaluation Form
March 2010
Getting honest feedback from employees about their supervisors can be difficult. After all, employees are generally reluctant to criticize their superiors, even if you assure them their comments will be anonymous. Instead of requesting anonymous evaluations, . . . more
Training: Three Key Reasons to Ask Employees to Evaluate Supervisors
March 2010
When was the last time you asked your employees to evaluate their supervisors? Most companies today provide for some form of supervisor evaluation of employees, on at least an annual basis. Far fewer regularly ask employees to evaluate supervisors, and those that do often ask the wrong questions. . . . more
News Note: Congress Moves Back Deadline to File for Extended Unemployment Benefits
February 2010
As part of the national defense appropriations bill, the U.S. Congress has pushed the deadline to file for extended unemployment benefits to . . . more
Whistleblowers: Employee Complaints Didn't Warrant Legal Protection; How to Spot Bona Fide Whistleblowers
January 2010
Is every complaint an employee makes entitled to protection as a whistleblower complaint? According to a recent decision from a federal district court, the answer is no—an employee's complaints must be very specific to qualify as whistleblowing. Read on to find out the key distinctions. . . . more
Retaliation: Employer Pays $390,000 for Not Following Up on Employee Bias Complaint; Key Steps You Must Take Every Time
December 2009
Here's a familiar HR scenario: An employee comes to you and claims discrimination by his or her boss. The employee then references one or more seemingly unrelated incidents, which may have occurred many months past, and which in and of themselves don't appear to demonstrate anything more than simple misunderstandings. . . . more
Holiday: Hosting a Company Party the Smart Way
December 2009
If you're throwing a holiday party for employees this year, read on to learn how to keep your event sane and safe and avoid liability for alcohol-related incidents. . . . more
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