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HR Issues

Friday, May 24, 2019

Marijuana and the Workplace: A New Challenge


Marijuana use has always been a concern in the workplace, but the recent changes in states’ laws have created new challenges for both employers and employees.  States have begun to decriminalize marijuana and permit its use for recreational and medicinal uses.  However, it is still illegal under the federal Controlled Substances Act (CSA) as a Schedule I substance. 

Because it has historically been criminalized, employers include marijuana in their drug testing for new employees and any random or “for cause” testing.  The states that have legalized marijuana have not prohibited such testing for marijuana.
Read more . . .


Tuesday, March 26, 2013

Managers Must Give Accurate Performance Evaluations

One of the biggest mistakes made by managers is giving poorly performing employees average ratings on performance evaluations.  While it is very difficult to do, managers must give accurate performance evaluations, especially to poorly performing employees.  Otherwise, any subsequent adverse employment action taken against the employee is susceptible to legal challenge.  A common situation is that a poor performing employee with average performance evaluations goes out on pregnancy, disability, or other protected leave.  If the performance issues are not documented before the employee goes on leave, any action taken against this employee while on leave or soon after they return can appear to be retaliation for going out on protected leave.  At that point, assertions that the manager was about to address the performance issues will appear to self-serving and disregarded.   Thus, the manager will not only be forced to keep a spot open for the poorly performing employee who is on leave, but will have to wait a reasonable time after the employee returns before addressing the performance issues.




The Law Office of Ronald B. Weisenberg is located in NYC, and focuses on the needs and rights of employers and employees, Trade Secret and Restrictive Covenant matters, and Commercial Litigation. His office serves New Jersey, Manhattan, Brooklyn, Queens, and Staten Island.



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