How to Implement Performance Improvement Plans

Terminations

March 4th, 2018

How to Implement Performance Improvement Plans

Personnel Files, Terminations

A performance improvement plan (PIP) is a good way to give struggling employees the opportunity to succeed while still holding them accountable for past performance. PIPs may be used to address failures to meet specific job performance-related issues or behavior-related concerns. PIPs may lead to several different outcomes, including improvement in overall performance, the recognition of a skills or training gap, or remedial actions such as demotion or termination.

Read article

November 21st, 2017

Terminating Employees for Performance Reasons

Terminations

One area I am frequently asked to provide advice on is the subject of employee terminations. Generally, employment in California is “at-will,” meaning that an employee can quit, or the employer may fire the employee, at any time, for any reason, with or without cause.  However, the reality is that employers should always have a sound business reason for any termination decision, because if an employee later sues the company for discrimination, retaliation, or wrongful termination, the company will have to prove the termination decision was not for an unlawful reason (such as due to the employee’s age, race, religion or gender). The best way to establish this is by pointing to sound business reasons tied to concrete facts and documentation that back up the termination decision.

Read article

June 13th, 2017

Severance Agreements For Employees Over 40 – Complying with the Older Workers Benefit Protection Act (OWBPA)

Terminations, Uncategorised

Whenever a client asks me to prepare a severance agreement for a departing employee, the first thing I ask is if the employee is 40 or older.  This is important because severance agreements for employees who are 40 or older must comply with the Older Workers Benefit Protection Act (OWBPA), which specifies the minimum requirements for a release of claims under the Age Discrimination in Employment Act (ADEA).

Read article