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The Performance Appraisal Handbook: Legal & Practical Rules for Managers by DelPo, Amy (March 28, 2007) Paperback
Everything you need to conduct legally safe employee evaluations. The Performance Appraisal Handbook is a must-read for every manager, whether you're writing a performance review for the first time or the hundredth. It's packed with the information and tools you need to make your company's appraisal process work better for everyone. Find out how *motivate your staff to perform better *help employees develop and grow *identify poor performers and help them get on track *avoid common legal traps and problems *increase employee morale *foster good communication *lay the groundwork to safely fire poor performers who fail to improve Written by a best-selling employment-law attorney and reviewed by an expert advisory board, this hands-on guide provides you with a unique combination of practical and legal information -- in easy-to-read, jargon-free English. You'll also find checklists, sample forms, sample policies and step-by-step instructions for getting the job done. List of Forms Avoiding Legal Trouble Identifying Job Requirements Preparing an Employee for Goal Setting Identifying Goals Writing Performance Objectives Documenting Performance Information to Gather for a Performance Appraisal Assessing Performance Common Performance Appraisal Errors Rules for Effective Discipline Performance Log Kudos to You Tickler for You Performance Evaluation
- GenresManagement
Unknown Binding
First published March 15, 2005
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June 19, 2012Performance Appraisal Handbook Legal and Practical Rules for Managers by NOLO/ Amy DelPo
Employee Evaluation Systems should concentrate exclusively on employee development
INTRO
Guidance on how to do well – worthwhile – effective – pleasant for both sides
Provides techniques
Legal ramifications -
Value of performance evals
Delivers important benefits and improve success of each employee
If done well can :
-Motivate employees to perform better and produce more
-Help employees ID the ways they can develop and grow
-Increase employee morale
-Improve the respect employees have for mgrs and senior mgt
-Foster good communication
-Id poor performers
-Lay groundwork to fire poor performers
Value of legal knowledge
-writing the wrong thing on a performance appraisal or sharing the appraisal improperly or unfairly can have devastating consequences if company sued by an employee.
CH 1 AN OVERVIEW OF PERFORMANCE APPRAISAL
When done correctly, performance appraisal is a process – not a document.
It is a way of structuring your relationship with your employees.
A good system includes
-observation
-documentation
-communication
Supervisors should know who is doing what in each department all year long
Supervisors should document employee performance as it happens
Supervisors should deal with issues immediately so employee gets back on track
Supervisors should ID obstacles and remove obstacles as they arrive
Proper employee evaluations provide important legal protection for employers
Employee performance evaluation systems are the first line of defense when dealing with problem employees
ID employee problems before they get out of control
Lay the groundwork for discipline and legally defensible termination if necessary
Most lawsuits arise from the emotional state of the employee
-feel treated unfairly or are surprised by unfavorable decisions are more likely to sue
Performance evaluations make the workplace more fair and predictable
A. Benefits of a Performance Evaluation System
Company benefits when employees feel like part of a team
-loyal to their coworkers, their company and you
-it is sound policy to reward good employees, encourage productive employees to strive for more and to help wayword employees get back on track.
-sometimes necessary to let go of problem employees for the good of the team
Effective performance appraisal system will provide a solid foundation for all aspects of the employee/employer relationship. Such a system can:
-determine how the job of each employee can further the overall goals of the organization
-examine each employee as an individual to evaluate the employee’s strengths and weaknesses
-ID and reward good employees, in order to foster loyalty and motivate employees to continue to achieve
-keep employee morale high through continuous feedback
-stay on top of needs of your workforce to ensure employee retention and increase productivity and innovation
-reduce the risk of complaints and litigation by ensuring that employees feel treated fairly and are not surprised by management decisions
-ID and deal with problem employees to either turn those employees into valuable, productive workers or lay the groundwork for discipline and if necessary termination.
Current research connects effective performance evaluation systems to improved company performance.
Effective performance appraisals take time.
Is an essential part of a managers job.
Time spent pays for itself many times over with:
-improvements to -
-efficiency
-productivity
-performance
-morale of employees
Managers feel discomfort when confronting poor performance. Communicating negative information is difficult -- but not communicating can be much worse.
Big mistakes that managers can make by not communicating is :
-allowing employees to work under the mistaken belief that they are doing well, thereby never giving them the information they need to improve
-tolerating poor performers and the burdens they place on your other employees and y our company
-surprising poor performers with negative decisions
-facing difficulty in terminating bad employees because you have not laid the proper groundwork
A complete, effective and consistent appraisal system can benefit a company.
B. ELEMENTS OF AN EFFECTIVE SYSTEM
1. A fair and communicative environment
Most effective place concern for the employee at their core
Reality cannot control employees behavior – they have to do this themselves
Most employees want to perform well
We need to provide them the proper environment so they can
-----includes support, communication, collaboration and fair treatment
-----this also builds employee morale
2. Respect for the employee
Will fail if don’t respect each employee
Respect is the foundation of any effective performance evaluation system
Need to show respect to build respect
3. Future orientation
Managers should stress what the employee can do to improve in the future
The past should not be the focus on the evaluation
Most of the meeting should be used to ID future goals and how to accomplish them
Should discuss past goals and if the employee reached them – but with the intention of how to do better in the future – learning from the past in a developmental and helpful way
4. Employee participation
Employees must play a key role
From helping to write their job descriptions to
IDing their own goals and standards
To accessing how well they performed
Employees should have the power and responsibility for directing and assessing their own performance
This will increase job satisfaction and increase buy-in for the appraisal process
Which leads to an employee’s commitment in their own development
IN the process they can help managers answer important questions
--how can the employee help the company achieve its goals?
--how much can be expected from someone in a given job?
--are there any organizational impediments to their performance?
--is there anything you can provide to help them perform better?
--how well have they achieved their own goals?
When given the opportunity many employees will expect even more of themselves than their manager will.
This is an opportunity for the manager to learn from the employee on how they can do their job even better in the future
5. Ongoing feedback
Giving employees feedback throughout the year provides opportunities for positive feedback when things are going good and for corrective feedback when the employee strays off track.
Ongoing feedback also helps employees adjust when things change
Feedback is needed or an employee appraisal system will not improve employee performance
Positive feedback when appropriate gives a sense of accomplishment and appreciation whhile highlighting how they should continue to perform
6. Document, document, document
Ongoing and accurate documentation is the crux of a good performance appraisal system.
Documentation spanning the entire appraisal period is reliable
Memory and gut feelings are not reliable
C. YOUR ROLE
Follow any steps your company requires. To do a good job you must at a minimum:
---set standards and goals
---observe and document performance
---give feedback
---conduct appraisal meetings
You are the bridge between the company and the employee
---Always mindful of the company’s overall needs and strategic plan while at the same time advocating for your employees.
Your attitude is key to the success of the process. If you commit to the process so will your employees.
Employees appreciate an encouraging word – but they need more
--they must feel that their job gives them the opportunity to accomplish something that is important or worthwhile
--they must have the resources they need to do their jobs and meet their standards and goals
--they must receive feedback so that they always know what is expected of them and whether they are meeting those expectations
--they must receive recognition for what they do. Eg positive write up in the company newsletter – memo commending them employee on a job well done you pass up the chain – or an announcement of praise at a company meeting
--they must be given the opportunity to grow and develop. They should be challenged by their job. They should be asked to do more and different things than in the past to stretch their boundaries.
--they must gain autonomy and responsibility as they demonstrate their abilities.
--they must feel free to express their opinions and ideas about their jobs, share any obstacles they run across, and offer opinions on how the company could run better.
--management must listen to them
Look at your To Do list --- are there tasks that can be delegated to an employee to help them grow?
D. MODEL APPRAISAL SYSTEM
STEPS
-work with employees to set up standards
-regularly observe and document employee performance in relation to these goals and standards
-meet with employees periodically
-conduct an annual formal performance appraisal
-resort to progressive discipline after all other efforts have failed
RESPONSIBILITIES for System
The company
--creates a strategic plan
--provides support and resources
The manager
--IDs job requirements
--observes and documents employee performance
--provides ongoing feedback to the employee
--provides support and resources
The manager and the employee together
--ID job goals
--create action plans for how to meet requirements and goals
--engage in ongoing dialogue about employee performance
The employee
--listens to and acts on feedback from the manager
--performs by meeting requirements and goals
--provides feedback to the manager about the work environment
CH 2 LEGAL TRAPS
In a wrongful termination lawsuit – one of the first things the employee’s lawyer will ask for are the employee’s performance evaluations.
Good news is that you don’t have to do a lot of extra work to safeguard against the relatively rare event of a lawsuit.
--you must communicate honestly with the employee
--you must provide the employee with regular feedback
--your evaluations must be accurate and precise
--you must document everything you say and conclude
--all of your statements must be related to the job the employee performs
--you must always treat your employees with consideration and respect
Do not undermine a formal review outside of “normal” work hours to make a friend. Do not backpedal from a review. Otherwise, you undermine it – both practically and legally.
A. Don’t Destroy the At-Will Relationship
Most employees work on an “at-will” basis. This means that neither they, nor the company, are bound to any sort of employment contract. The employer doesn’t need to give a reason for terminating an employee, as long as it is a legal termination. The employee can give notice to leave at any time. (Illegal terminations include – because of age, race, refusal to work in a hazardous condition or off the clock.)
Instead of having an “at-will” relationship with employees a company can create a “just-cause” relationship – which means the employer must have legitimate business-related reasons for firing an employee – such as for poor performance, low productivity, violent behavior or a legitimate layoff or downsizing.
The default employment status of most workers is “at-will”. To change this status the employer must create a contract, either by something it writes or something it says (through executive or managers) that implies that the employee’s job is secure.
Managers can change “at-will” status of an employee by things they say to them. Basically, anything that implies a promise of continued employment.
Simple phrases such as those that follow can destroy the “at-will” relationship”:
-He has a bright future at this company
-she could be senior vice president for sales within the next two years
-For as long as ... she will have a job in this company
-if she continues on this performance trajectory, there’s no telling how far she will go in this company
-I hope he remains at this company for a long time
-We hope he makes this company his professional home for the rest of his career
-I reassured her that her job was secure
It is appropriate and even mandatory to praise an employee for a job well done. Do not make promises for the future though – then there is no chance of a misunderstanding that could lead to a lawsuit.
The manager must stick to talking about how the employee performed in the past – and what goals and requirements you expect the employee to meet in the future – the evaluation will not destroy the “at-will” relationship.
B. Don’t Undermine Potential Terminations
If you need to fire an employee – the employee’s performance evaluations must support – or at the very least not contradict – the reasons you give for the firing. Always write evaluations with this rule in mind, even if you have no current plans to terminate an employee.
Be the information positive or negative – on a performance evaluation –
-tell the truth. Be clear, concise and frank about the employee’s performance
-be thorough. Collect your thoughts and documentation before sitting down to write the evaluation
-anticipate trouble. If an employee is becoming a problem – make sure the specific behaviors are documented in the evaluation.
Make sure every positive review is earned. Don’t gloss over problems.
C. Don’t Harass or Discriminate
Discrimination occurs when you treat someone differently on the basis of some characteristic such as – age, race or color, gender, disability, national origin, or religion. These are called “protected characteristics”.
Harassment is a type of discrimination. The same laws that prevent discrimination also cover harassment. When an employee has to endure a work environment that is hostile, offensive or intimidating to them because they have a protected characteristic – it is called harassment.
When composing evaluations – think freely – but then be specific about job performance – when you write your thoughts down. Don’t generalize and leave yourself open to interpretation.
Observe the following guidelines:
-do not focus on the fact that someone is different because of a protected characteristic
-never use slurs or demeaning language in performance evaluations
-do not mention protected characteristics
-do not make assumptions about employees that are based on stereotypes about protected characteristics
-avoid language that stresses that an employee is different – that he or she “doesn’t fit in” or “isn’t one of us”
-state facts, not conclusions. It is fine to say that someone is not productive or not performing well. Do not say it is because of age or a disability.
-Be specific. If you include documented details, people will have more difficulty attributing your statements to discrimination or harassment
-Only say things that are related to the job. This will ensure that you don’t veer into illegal territory.
-If coworkers or customers don’t like an employee because of a protected characteristic, the problem lies with the coworkers or customers, not the employee; therefore you should not criticize the employee for an inability to get along with those coworkers or customers.
-focus on behavior, not the person. Discriminatory bias is about who people are, not what they do. If you focus on actions, you’ll steer clear of hidden biases.
If at any time an employee mentions a physical or mental disability – the manager should immediately consult with the human relations department – or legal council to see what the requirements are that they should then follow. The company must do what they can to accommodate the employee before they go through another performance appraisal. “When you write a performance evaluation on an employee with a disability, you should have already consulted with your human resources department or legal counsel and understand your rights and responsibilities as a supervisor managing that employee.” P2/14
D. Don’t Retaliate
When an employee complains about any of these issues – or if an employee backs up another employee’s complaint – you must treat the employee with care. Make sure you have documentation and evidence to back up any negative aspects of a performance evaluation. Otherwise, you leave yourself open to a lawsuit – if the employee can prove/infer you are retaliating for the complaint.
E. Don’t Forget to Document
Ensure you document an employee’s performance throughout the year. Have documentation to back up everything you say in a performance evaluation. Your documentation proves you based your evaluation /opinion is based on facts, not discriminatory bias.
It is worth the time invested to review the Avoiding Legal Trouble Checklist on Pages 2/16 and 2/17.
CH 3 PERFORMANCE OBJECTIVES
- Goals describe things that you and the employee would like the employee to accomplish beyond the job requirements.
-Tailor goals to each employee as an individual, depending on the employee’s strengths and weaknesses.
The foundation of any performance evaluation system is a set of performance objective in which you identify what your company and you expect of an employee. P.3/3
Research has shown that setting effective performance objectives in invaluable for improving employee performance.
A. Identifying Job Requirements
A job requirement is a description of what you want an employee in a particular job to accomplish and how you want an employee in that job to perform. A set of requirements for a particular job – should look much like the job description for that job.
1. Types of Job Requirements
There are 2 types of job requirements
- a result requirement is a concrete description of a result that you expect any employee who holds a particular job to achieve. Eg. A salesperson is expected to make $10,000 in sales each month.
-a behavior requirement is a description of how you want any employee in a particular job to behave while getting the job done. Often these requirements reflect your company’s values. Eg. Answer customer questions cheerfully and respectfully.
Job requirements remain the same – no matter who holds the position.
2. Resources for Identifying Job Requirements
To ID the requirements for a specific job
-look at how the job fits within the company
-what is a person who holds this job responsible for
-what are the essential tasks you need a person in this job to accomplish
-what is the purpose of this job
-historically, what have employees in the job been able to accomplish
Employees are often the best people to determine requirements for a specific job – employees who work in the job – or employees who interact with and depend on the person who does the job.
3. Job Requirements Must be Related
Only choose requirements that are truly related to the job – they need to be necessary to the position itself. – for practical and legal reasons.
Practically – it doesn’t do anyone any good to make an employee toe the line in an area that doesn’t benefit the company. Eg. Chef’s priority shouldn’t be customer service skills if they never interact with the public.
Legally, not worth punishing an employee for failing to meet a requirement if they still can get the job done. Disciplining, demoting or terminating an employee for failing to meet a requirement that is not job related does not constitute just cause.
4. Job Requirements Must be Specific
The more specific a job requirement is – the easier it will be for an employee to meet.
Focus on actions you want the employee to take –not on character trait or personality type you want the employee to have. Not “take initiative” - state exactly what you want the employee to do.
Employee Evaluation Systems should concentrate exclusively on employee development
INTRO
Guidance on how to do well – worthwhile – effective – pleasant for both sides
Provides techniques
Legal ramifications -
Value of performance evals
Delivers important benefits and improve success of each employee
If done well can :
-Motivate employees to perform better and produce more
-Help employees ID the ways they can develop and grow
-Increase employee morale
-Improve the respect employees have for mgrs and senior mgt
-Foster good communication
-Id poor performers
-Lay groundwork to fire poor performers
Value of legal knowledge
-writing the wrong thing on a performance appraisal or sharing the appraisal improperly or unfairly can have devastating consequences if company sued by an employee.
CH 1 AN OVERVIEW OF PERFORMANCE APPRAISAL
When done correctly, performance appraisal is a process – not a document.
It is a way of structuring your relationship with your employees.
A good system includes
-observation
-documentation
-communication
Supervisors should know who is doing what in each department all year long
Supervisors should document employee performance as it happens
Supervisors should deal with issues immediately so employee gets back on track
Supervisors should ID obstacles and remove obstacles as they arrive
Proper employee evaluations provide important legal protection for employers
Employee performance evaluation systems are the first line of defense when dealing with problem employees
ID employee problems before they get out of control
Lay the groundwork for discipline and legally defensible termination if necessary
Most lawsuits arise from the emotional state of the employee
-feel treated unfairly or are surprised by unfavorable decisions are more likely to sue
Performance evaluations make the workplace more fair and predictable
A. Benefits of a Performance Evaluation System
Company benefits when employees feel like part of a team
-loyal to their coworkers, their company and you
-it is sound policy to reward good employees, encourage productive employees to strive for more and to help wayword employees get back on track.
-sometimes necessary to let go of problem employees for the good of the team
Effective performance appraisal system will provide a solid foundation for all aspects of the employee/employer relationship. Such a system can:
-determine how the job of each employee can further the overall goals of the organization
-examine each employee as an individual to evaluate the employee’s strengths and weaknesses
-ID and reward good employees, in order to foster loyalty and motivate employees to continue to achieve
-keep employee morale high through continuous feedback
-stay on top of needs of your workforce to ensure employee retention and increase productivity and innovation
-reduce the risk of complaints and litigation by ensuring that employees feel treated fairly and are not surprised by management decisions
-ID and deal with problem employees to either turn those employees into valuable, productive workers or lay the groundwork for discipline and if necessary termination.
Current research connects effective performance evaluation systems to improved company performance.
Effective performance appraisals take time.
Is an essential part of a managers job.
Time spent pays for itself many times over with:
-improvements to -
-efficiency
-productivity
-performance
-morale of employees
Managers feel discomfort when confronting poor performance. Communicating negative information is difficult -- but not communicating can be much worse.
Big mistakes that managers can make by not communicating is :
-allowing employees to work under the mistaken belief that they are doing well, thereby never giving them the information they need to improve
-tolerating poor performers and the burdens they place on your other employees and y our company
-surprising poor performers with negative decisions
-facing difficulty in terminating bad employees because you have not laid the proper groundwork
A complete, effective and consistent appraisal system can benefit a company.
B. ELEMENTS OF AN EFFECTIVE SYSTEM
1. A fair and communicative environment
Most effective place concern for the employee at their core
Reality cannot control employees behavior – they have to do this themselves
Most employees want to perform well
We need to provide them the proper environment so they can
-----includes support, communication, collaboration and fair treatment
-----this also builds employee morale
2. Respect for the employee
Will fail if don’t respect each employee
Respect is the foundation of any effective performance evaluation system
Need to show respect to build respect
3. Future orientation
Managers should stress what the employee can do to improve in the future
The past should not be the focus on the evaluation
Most of the meeting should be used to ID future goals and how to accomplish them
Should discuss past goals and if the employee reached them – but with the intention of how to do better in the future – learning from the past in a developmental and helpful way
4. Employee participation
Employees must play a key role
From helping to write their job descriptions to
IDing their own goals and standards
To accessing how well they performed
Employees should have the power and responsibility for directing and assessing their own performance
This will increase job satisfaction and increase buy-in for the appraisal process
Which leads to an employee’s commitment in their own development
IN the process they can help managers answer important questions
--how can the employee help the company achieve its goals?
--how much can be expected from someone in a given job?
--are there any organizational impediments to their performance?
--is there anything you can provide to help them perform better?
--how well have they achieved their own goals?
When given the opportunity many employees will expect even more of themselves than their manager will.
This is an opportunity for the manager to learn from the employee on how they can do their job even better in the future
5. Ongoing feedback
Giving employees feedback throughout the year provides opportunities for positive feedback when things are going good and for corrective feedback when the employee strays off track.
Ongoing feedback also helps employees adjust when things change
Feedback is needed or an employee appraisal system will not improve employee performance
Positive feedback when appropriate gives a sense of accomplishment and appreciation whhile highlighting how they should continue to perform
6. Document, document, document
Ongoing and accurate documentation is the crux of a good performance appraisal system.
Documentation spanning the entire appraisal period is reliable
Memory and gut feelings are not reliable
C. YOUR ROLE
Follow any steps your company requires. To do a good job you must at a minimum:
---set standards and goals
---observe and document performance
---give feedback
---conduct appraisal meetings
You are the bridge between the company and the employee
---Always mindful of the company’s overall needs and strategic plan while at the same time advocating for your employees.
Your attitude is key to the success of the process. If you commit to the process so will your employees.
Employees appreciate an encouraging word – but they need more
--they must feel that their job gives them the opportunity to accomplish something that is important or worthwhile
--they must have the resources they need to do their jobs and meet their standards and goals
--they must receive feedback so that they always know what is expected of them and whether they are meeting those expectations
--they must receive recognition for what they do. Eg positive write up in the company newsletter – memo commending them employee on a job well done you pass up the chain – or an announcement of praise at a company meeting
--they must be given the opportunity to grow and develop. They should be challenged by their job. They should be asked to do more and different things than in the past to stretch their boundaries.
--they must gain autonomy and responsibility as they demonstrate their abilities.
--they must feel free to express their opinions and ideas about their jobs, share any obstacles they run across, and offer opinions on how the company could run better.
--management must listen to them
Look at your To Do list --- are there tasks that can be delegated to an employee to help them grow?
D. MODEL APPRAISAL SYSTEM
STEPS
-work with employees to set up standards
-regularly observe and document employee performance in relation to these goals and standards
-meet with employees periodically
-conduct an annual formal performance appraisal
-resort to progressive discipline after all other efforts have failed
RESPONSIBILITIES for System
The company
--creates a strategic plan
--provides support and resources
The manager
--IDs job requirements
--observes and documents employee performance
--provides ongoing feedback to the employee
--provides support and resources
The manager and the employee together
--ID job goals
--create action plans for how to meet requirements and goals
--engage in ongoing dialogue about employee performance
The employee
--listens to and acts on feedback from the manager
--performs by meeting requirements and goals
--provides feedback to the manager about the work environment
CH 2 LEGAL TRAPS
In a wrongful termination lawsuit – one of the first things the employee’s lawyer will ask for are the employee’s performance evaluations.
Good news is that you don’t have to do a lot of extra work to safeguard against the relatively rare event of a lawsuit.
--you must communicate honestly with the employee
--you must provide the employee with regular feedback
--your evaluations must be accurate and precise
--you must document everything you say and conclude
--all of your statements must be related to the job the employee performs
--you must always treat your employees with consideration and respect
Do not undermine a formal review outside of “normal” work hours to make a friend. Do not backpedal from a review. Otherwise, you undermine it – both practically and legally.
A. Don’t Destroy the At-Will Relationship
Most employees work on an “at-will” basis. This means that neither they, nor the company, are bound to any sort of employment contract. The employer doesn’t need to give a reason for terminating an employee, as long as it is a legal termination. The employee can give notice to leave at any time. (Illegal terminations include – because of age, race, refusal to work in a hazardous condition or off the clock.)
Instead of having an “at-will” relationship with employees a company can create a “just-cause” relationship – which means the employer must have legitimate business-related reasons for firing an employee – such as for poor performance, low productivity, violent behavior or a legitimate layoff or downsizing.
The default employment status of most workers is “at-will”. To change this status the employer must create a contract, either by something it writes or something it says (through executive or managers) that implies that the employee’s job is secure.
Managers can change “at-will” status of an employee by things they say to them. Basically, anything that implies a promise of continued employment.
Simple phrases such as those that follow can destroy the “at-will” relationship”:
-He has a bright future at this company
-she could be senior vice president for sales within the next two years
-For as long as ... she will have a job in this company
-if she continues on this performance trajectory, there’s no telling how far she will go in this company
-I hope he remains at this company for a long time
-We hope he makes this company his professional home for the rest of his career
-I reassured her that her job was secure
It is appropriate and even mandatory to praise an employee for a job well done. Do not make promises for the future though – then there is no chance of a misunderstanding that could lead to a lawsuit.
The manager must stick to talking about how the employee performed in the past – and what goals and requirements you expect the employee to meet in the future – the evaluation will not destroy the “at-will” relationship.
B. Don’t Undermine Potential Terminations
If you need to fire an employee – the employee’s performance evaluations must support – or at the very least not contradict – the reasons you give for the firing. Always write evaluations with this rule in mind, even if you have no current plans to terminate an employee.
Be the information positive or negative – on a performance evaluation –
-tell the truth. Be clear, concise and frank about the employee’s performance
-be thorough. Collect your thoughts and documentation before sitting down to write the evaluation
-anticipate trouble. If an employee is becoming a problem – make sure the specific behaviors are documented in the evaluation.
Make sure every positive review is earned. Don’t gloss over problems.
C. Don’t Harass or Discriminate
Discrimination occurs when you treat someone differently on the basis of some characteristic such as – age, race or color, gender, disability, national origin, or religion. These are called “protected characteristics”.
Harassment is a type of discrimination. The same laws that prevent discrimination also cover harassment. When an employee has to endure a work environment that is hostile, offensive or intimidating to them because they have a protected characteristic – it is called harassment.
When composing evaluations – think freely – but then be specific about job performance – when you write your thoughts down. Don’t generalize and leave yourself open to interpretation.
Observe the following guidelines:
-do not focus on the fact that someone is different because of a protected characteristic
-never use slurs or demeaning language in performance evaluations
-do not mention protected characteristics
-do not make assumptions about employees that are based on stereotypes about protected characteristics
-avoid language that stresses that an employee is different – that he or she “doesn’t fit in” or “isn’t one of us”
-state facts, not conclusions. It is fine to say that someone is not productive or not performing well. Do not say it is because of age or a disability.
-Be specific. If you include documented details, people will have more difficulty attributing your statements to discrimination or harassment
-Only say things that are related to the job. This will ensure that you don’t veer into illegal territory.
-If coworkers or customers don’t like an employee because of a protected characteristic, the problem lies with the coworkers or customers, not the employee; therefore you should not criticize the employee for an inability to get along with those coworkers or customers.
-focus on behavior, not the person. Discriminatory bias is about who people are, not what they do. If you focus on actions, you’ll steer clear of hidden biases.
If at any time an employee mentions a physical or mental disability – the manager should immediately consult with the human relations department – or legal council to see what the requirements are that they should then follow. The company must do what they can to accommodate the employee before they go through another performance appraisal. “When you write a performance evaluation on an employee with a disability, you should have already consulted with your human resources department or legal counsel and understand your rights and responsibilities as a supervisor managing that employee.” P2/14
D. Don’t Retaliate
When an employee complains about any of these issues – or if an employee backs up another employee’s complaint – you must treat the employee with care. Make sure you have documentation and evidence to back up any negative aspects of a performance evaluation. Otherwise, you leave yourself open to a lawsuit – if the employee can prove/infer you are retaliating for the complaint.
E. Don’t Forget to Document
Ensure you document an employee’s performance throughout the year. Have documentation to back up everything you say in a performance evaluation. Your documentation proves you based your evaluation /opinion is based on facts, not discriminatory bias.
It is worth the time invested to review the Avoiding Legal Trouble Checklist on Pages 2/16 and 2/17.
CH 3 PERFORMANCE OBJECTIVES
- Goals describe things that you and the employee would like the employee to accomplish beyond the job requirements.
-Tailor goals to each employee as an individual, depending on the employee’s strengths and weaknesses.
The foundation of any performance evaluation system is a set of performance objective in which you identify what your company and you expect of an employee. P.3/3
Research has shown that setting effective performance objectives in invaluable for improving employee performance.
A. Identifying Job Requirements
A job requirement is a description of what you want an employee in a particular job to accomplish and how you want an employee in that job to perform. A set of requirements for a particular job – should look much like the job description for that job.
1. Types of Job Requirements
There are 2 types of job requirements
- a result requirement is a concrete description of a result that you expect any employee who holds a particular job to achieve. Eg. A salesperson is expected to make $10,000 in sales each month.
-a behavior requirement is a description of how you want any employee in a particular job to behave while getting the job done. Often these requirements reflect your company’s values. Eg. Answer customer questions cheerfully and respectfully.
Job requirements remain the same – no matter who holds the position.
2. Resources for Identifying Job Requirements
To ID the requirements for a specific job
-look at how the job fits within the company
-what is a person who holds this job responsible for
-what are the essential tasks you need a person in this job to accomplish
-what is the purpose of this job
-historically, what have employees in the job been able to accomplish
Employees are often the best people to determine requirements for a specific job – employees who work in the job – or employees who interact with and depend on the person who does the job.
3. Job Requirements Must be Related
Only choose requirements that are truly related to the job – they need to be necessary to the position itself. – for practical and legal reasons.
Practically – it doesn’t do anyone any good to make an employee toe the line in an area that doesn’t benefit the company. Eg. Chef’s priority shouldn’t be customer service skills if they never interact with the public.
Legally, not worth punishing an employee for failing to meet a requirement if they still can get the job done. Disciplining, demoting or terminating an employee for failing to meet a requirement that is not job related does not constitute just cause.
4. Job Requirements Must be Specific
The more specific a job requirement is – the easier it will be for an employee to meet.
Focus on actions you want the employee to take –not on character trait or personality type you want the employee to have. Not “take initiative” - state exactly what you want the employee to do.
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