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Welcome to the latest issue of "Real
Workplace Issues," a newsletter dedicated to
providing our clients and friends with practical,
everyday employment law and HR
information.
In this issue, we conclude our 3-part series
addressing questions you as an employer
should ask yourself in order to maximize your
business and minimize your exposure to legal
liability.
We welcome your comments and suggestions. Feel
free to contact us at the e-mail address provided
below.
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Do my performance appraisals capture key performance criteria? |
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Performance appraisals are used to increase employee
motivation, improve business efficiency, reward
effective job performance, clarify and define job
functions and responsibilities, and bring
deficiencies in performance to an employee?s
attention. Whether or not these goals are met
depends on whether your performance appraisal is
asking the right questions.
The performance appraisal should effectively
reflect an employee?s business performance,
functional/technical proficiency and interpersonal
effectiveness. Sample questions can include whether
the employee exercises good judgment in making
decisions, knows the equipment and tools related to
his/her individual job requirements, and
participates willingly in projects beyond his/her
normal job responsibilities. Questions should
examine the extent to which the employee fulfills
his/her individual responsibilities within job
parameters in an accurate and professional manner,
accepts accountability for the completion of work
objectives and exercises good judgment in making
decisions.
Likewise, your appraisal should allow for
additional comments to be made concerning an
employee?s key strengths, accomplishments, and
objectives for the future. Your appraisal should
also be filled out accurately and honestly so that
if there are critical issues, they are addressed and
documented.

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Do my managers have the proper skills to perform their jobs effectively? |
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Oftentimes, managers are former staff members who
were promoted due to their technical expertise and
length of service. Often they need coaching to
develop solid management skills.
Managers should be able to effectively delegate
responsibility and empower their employees to make
decisions. This involves a balancing act ? the
manager must understand the pressures that cause
them to avoid delegating and the benefits that they
can achieve by doing so.
Managers should also provide employees with
feedback. This can include giving an employee
praise, advice and/or corrective feedback.
Corrective feedback should always be specific,
provided without delay, and given in a calmly
fashion. Managers should then follow up on this
feedback, watching for improvement and acknowledging
the employee when such improvement is seen.
Finally, your managers should know how to
properly handle and document employee discipline.
Managers should apply discipline consistently. All
employees who engage in the same type of conduct
should be treated the same.
Ensuring that your managers are properly trained
makes your job that much easier. We offer a
90-minute customized management skills training
class that covers these issues and other topics for
developing proper management skills.

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Does my company handle employee terminations properly? |
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Terminations are a sensitive and often
stress-inducing topic for the average employer.
There are, however, certain steps which you can take
in order minimize both your stress and legal
liability when firing an employee.
Whenever you plan on terminating an employee,
you should document that employee?s performance over
a course of time to support your decision. It is
helpful to check with Halpern Employment Law
Advisors to ensure that the reasons are strong and
will withstand any discrimination claims. You
should properly plan the termination beforehand by
scripting out what you want to say to the employee,
making sure you are able to briefly and succinctly
enumerate all the reasons for the termination. You
should also always have another employee at the
management level or higher witness a termination.
Finally, different states have different laws
regarding what and when to pay terminated employees.
In New York, for example, an employee who quits or
is terminated must receive his/her final paycheck (plus
vacation pay if provided by company policy) by the
next payday. In California, however, an employee
who quits must be paid all wages (including paid
vacations) within three days of termination, or at
once if the employee gave three days notice.
Likewise, an employee in California who is
terminated must be paid at termination.

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Next Issue... |
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Our next newsletter will explore issues surrounding
non-compete clauses and ways in which to boost
employee morale.
This article is provided for informational
purposes only and is not intended to be legal advice
nor does it create an attorney-client relationship
between Halpern Employment Law Advisors and any
reader.
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Our Locations... |
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190 Willis Avenue :: 2nd floor :: Mineola, NY 11501
(Tel) 516.741.3232 :: (Fax) 516.741.4909
90 Park Avenue :: 16th Floor :: New York, NY 10016
(Tel) 212.786.7380 :: (Fax) 212.658.9313
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