Performance appraisals: more than just a feedback tool. Legal documentation for employment decisions

Unjust discharge suits filed on behalf of disgruntled employees are becoming frequent occurrences. The employment-at-will doctrine, which has protected an employer's right to discharge employees for any reason or no reason at all, is continually being challenged. This stream of litigation has caused organizations to take a new look at how employment decisions are made. The result has been a renewed interest in the performance appraisal process--a key method in providing feedback and documenting worker performance. Aside from providing organizations with legal documentation, effective performance appraisals provide organizations with several benefits. First, feedback fosters positive actions and eliminates inappropriate behaviors. Second, the supervisor-employee relationship is improved. Third, effective performance appraisals increase motivation, morale, and job satisfaction--ultimately resulting in increased productivity.

Employment law primer

All physicians regardless of their practice size will find themselves one day in the uncomfortable situation of dismissing an employee who may threaten legal action because of termination. Knowledge of and adherence to the basics of employment law as outlined in this article may not stop an angry dismissed employee from pursuing legal action. However, it should allow the physician to feel somewhat secure that such action likely will not be successful.

Whistleblowing and the security director: an update

Whistleblowers often find the path of conscience leads to the unemployment line. But, once fired, many also wear a path to the courthouse seeking damages. Recent cases involving hospitals and other employers are defining the risks for both employees and hospitals when someone blows the whistle. This report will outline some of those cases, provide tips from experts, and review state and proposed federal legislation aimed at protecting the rights of whistleblowers.

Strategies for dealing with AIDS disputes in the workplace

This article focuses on three aspects of the AIDS crisis as it affects the workplace. First, how does the law describe the rights and duties of employers and employees, including coworkers of a person with AIDS, AIDS-Related Complex, or who is antibody positive; second, given the law, what really is happening in the employment world; and, third, what strategies can be developed or adopted for employees and employers to deal more effectively with AIDS-related disputes--a continuing and growing problem.

Employment chances of recently visually impaired, young or middle-aged adults in the Swedish labour market

The study (n = 261) focused on employment chances of Swedish visually impaired persons aged 25-45 years at the onset of their visual impairment, and who were employed at that time. It concerned persons who became visually impaired after 1974, the year when the Act on Security of Employment was passed. Although the Act has had an impact on employment opportunities, it is, however, no guarantee per se. Factors in the work environment accounted for improved chances of keeping the pre-disability employment. Individual factors were decisive in a person's chances of obtaining new employment. The least competitive groups of visually impaired were, in spite of the law, 'eliminated' from the labour market.

Firing without fear. Heading off litigation in employee terminations

Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.