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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Court tosses lawsuit claiming disproportionate response to outburst

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NLRB issues employer-friendly decision

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First USERRA opinion letter warns about retaliation

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Extreme profanity not protected activity

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Regulating legal off-duty behavior

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Workplace political discussion

Should we prohibit discussing politics at work?

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Good news: Appeals court nixes idea that PIP is always adverse action

Employers are free to manage their workforce through evaluations and, if work is found to be lacking in quantity or quality, create an improvement plan without worrying that constructive criticism will land them in court.

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Beware discipline following a valid complaint

There’s something inherently suspicious about following up a valid charge of discrimination or harassment with an almost immediate employment action against the employee who filed the initial claim. That smacks of retaliation.

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Sudden poor performance after stellar work grounds for discharge

There are other times when an employee who seems to have been a stellar performer declines suddenly. That’s when employers should document the extent of the problem and take prompt action. While there may be a lawsuit, a clearly documented incident that justifies termination usually proves persuasive.

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Performance record essential to defeat FMLA interference claims

Employers can’t interfere with the right of an employee to take FMLA leave if that employee qualifies. But what if the employee has documented performance problems prior to leave? Can the employer still discipline the employee if that discipline would have been appropriate had the employee not requested leave?

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