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Clarify and Coach, the Two Cs of Performance Management

Too often, managers avoid giving honest evaluations. Maybe they fear causing hurt feelings or maybe they don’t know what to do, but the result is the same—a lost lawsuit. The solution? The two Cs—Clarify and Coach. You know you should be coaching Terry, but you’re busy, and Terry’s doing OK. Well, OK is overstating it, […]

Class-Action Lawsuits Filed Against KMPG, CIBC, Scotiabank

By Trevor Lawson and Donovan Plomp McCarthy Tetrault Although large employment-related class-action lawsuits have become commonplace in the United States, until recently they were virtually unknown in Canada. The relative peace enjoyed by Canadian employers on this front was shattered with a $651 million class-action lawsuit filed in June 2007 against the Canadian Imperial Bank […]

Why Firing Must Be a Group Decision

If termination is necessary, let it be a group decision, say the experts. That approach will hold up strongly against legal challenges. Here’s why: First, specialized input. As we mentioned in yesterday’s Advisor, specialized members of the management team, like the HR manager, are in a better position to judge the appropriate action to take. […]

HOT LIST: New York Times Bestselling Business Books

The following is a list of the bestselling hardcover business books as ranked by the New York Times on January 7. 1. Jim Cramer’s Stay Mad for Life, by James J. Cramer with Cliff Mason. (Simon & Schuster, $26.) The host of “Mad Money” on CNBC explains how to get rich and stay rich. 2. […]

Taxes: New Tax Notice Must Be Sent to Employees

Employers must give employees written notice of their possible right to take an Earned Income Tax Credit on their federal tax returns, as required by a new California law, A.B. 650, that took effect on January 1. The new provision applies to all employers and employees covered by California’s unemployment insurance law.

5 Key Steps to Avoid Termination-Based Lawsuits

There’s nothing like a termination to get the “l’m-going-to-sue!” juices flowing. People want someone to blame, and, guess what? It’s not going to be them. Ill-considered and hasty terminations spell lawsuit time after time. And most of those lawsuits are avoidable—if you know what to do. Yes, you may win the lawsuit. But, unfortunately, once […]

The Strike Drags On

Well, David Letterman reached an agreement with the writers, and they are coming back to work. For him. No such luck for those of us who are anxiously awaiting the return of our favorite show. Nevertheless, the labor dispute is continuing to teach us valuable lessons. Like why companies should avoid this mess in the […]

An Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 1

by D. Michael Henthorne I’ve been asked to address a group of nursing managers in one of South Carolina’s leading hospital systems on avoiding labor unions and recognizing union-organizing activities. Despite growing up the son of a Teamster (my father was a truck driver), for most of the last 29 years I have lived in […]

Flexible Workplace Programs Promote Work-Life Balance

“Work-life balance” is one of the most popular HR buzz phrases. Yet until a few years ago, work-life concerns were relatively unheard of. Nontraditional workplace and scheduling alternatives like working from home were considered a perk available to a fortunate few or as a temporary accommodation for a stressed-out employee. Employer programs like the flexible […]