All too often, the employment law advice that we provide as practitioners focuses on issues that relate to problem employees. You know these folks—they’re the troublemakers, the harassers, the pot-stirrers, the chronically absent, and the habitually tardy. They’re the underperformers, the rule breakers, the constant complainers, the leave abusers, the policy violators, the workplace bullies, and the list goes on and on. Often, it’s this squeaky-wheel segment of the workforce that receives and monopolizes the vast majority of HR’s time, energy, and resources. Such workers are also the ones who command the attention of upper management.
