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Showing 11 posts in Employee Performance Reviews.

Job Descriptions & Performance Reviews – a Recap of the McBrayer & Business First Seminar

Just yesterday, Business First and McBrayer sponsored the second part of a two-part seminar entitled “Lessons in Workplace Liability.” Amy D. Cubbage and Cynthia L. Effinger, McBrayer Employment Law attorneys, explained to attendees how job descriptions and performance evaluations can be used as powerful legal tools to limit liability for discrimination-based claims. If you were not able to attend the seminar, but would still like a copy of the materials, contact McBrayer’s Marketing Department at bpowers@mcbrayerfirm.com or 859-231-8780. We have also summarized some of the information shared by the presenters below. More >

Have You Conducted a Mid-Year Performance Review?

Posted In Employee Performance Reviews, Employment Law, Hiring and Firing, Human Resource Department

As we find ourselves halfway through 2014, I suggest that employers pause to consider conducting a mid-year performance review. Many employers meet their annual review process with a certain amount of dread and, thus, doing it twice seems rather painful. There are, however, compelling reasons to conduct a bi-annual review for your workforce. Let’s consider a few of the positive things that come from this practice: More >

Digital “Off-the-Record” Conversations?

Employers and business professionals are no strangers to “off-the-record” conversations and closed-door meetings. In today’s world, though, many long for a way to converse online without a permanent record of the conversation existing somewhere out there in Internet-land. New apps have responded to this need; think Snapchat (the popular app that allows users to set a predetermined time for how long recipients can view their photos) for text messaging. TigerText, Wickr, and Confide are just some of the self-destructing text apps that have recently emerged. Businesses, however, should proceed with caution when using these – they could not only present an air of impropriety but also be a legal hazard. More >

Fresenius USA Manufacturing, Inc.- Forcing Employers to Navigate the crossroads of workplace harassment & the NLRA

Properly navigating workplace harassment laws is a tricky endeavor for any company.  A recent decision from the National Labor Relations Board (NLRB) in Fresenius USA Manufacturing, Inc. (September 19, 2012) makes employers’ obligations in this arena even more uncertain. More >

The Particulars of a Job: Description vs. Requirements

In most cases the quality of the workforce determines the success of any business. As we discussed on Wednesday (10/24/12), there are five essential elements of a job description but there is a compelling need to focus specifically on requirements. A job description defines the duties, tasks and responsibilities of a position, creating a framework for hiring the right candidate. The description is used in marketing and promotion to attract new talent to the company. The requirements set the stage for digging deep into the details of the position and reflect the culture of the company.  They have emerged as the strategic details that can set the candidates apart and make it easier for HR managers to look for an employee to specifically match the employee’s long-term goals. More >

Social Media: The New Harassment Landscape

Social media is changing the landscape of the internal workplace, providing a new way for employees to socialize and interact with one another.  The online workplace is rooted in conversation which is casual, revealing and often deeply personal.  The direct connection of social media is akin to an invitation into your home. It allows co-workers to share in your personal life with an instant sense of closeness and propels the relationship forward quicker than a traditional office friendship. The boundaries of conduct can become easily blurred and potentially dangerous when this complicated overlapping of private and professional relationships intersect online. Whenever the parameters get ambiguous, the probability of inappropriate behavior occurring increases, creating a growing employer concern for protecting employees from the potential of social media harassment. More >


Terminating an employee is rarely, if ever, a comfortable process. Personal feelings - not to mention the concerns relative to potential legal ramifications of a termination -  often cause employers to retain an employee who should otherwise be terminated. The following guidelines include several of the most important practical tips to assist employers in the termination process and to help ensure that the employer is protected. More >

Smartphones - 24/7 Access: When are employees off the clock?

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price? More >

How to be Prepared: When an Employee’s Misconduct Leads to Termination

Terminating an employee can be one of the most difficult tasks for a business owner or human resource manager. It is however the responsibility of both positions and a necessary part of doing business. Termination is difficult under most circumstances because of the personal information an employer may know about an employee. After an employee becomes part of the workforce supervisors often discover personal information, such as an employee’s financial hardships or family difficulties, which makes difficult decisions uncomfortable. More >

How to Handle Difficult Employees: Documenting Misconduct

In a perfect world, all employees would report to work on time and in a regular manner, perform their responsibilities with competence and be a productive team player. In reciprocation, each employer has an obligation to pay the employee an agreed up on amount for the work performed, treat every employee fairly and provide a safe work environment. Of course, we do not live in a perfect world and inevitably every employer will be faced with employee misconduct. The challenge is handling misconduct appropriately, to avoid financial and legal repercussions in the form of unemployment claims, discrimination or wrongful termination suits. More >

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