Provided by Solutions Consultant and BizMantra
To minimize exposure to employee litigation, employers should
develop a checklist of items that are necessary for the enforcement
of fair, consistent and legally sound performance appraisal
systems.
- Apprise employees of
performance standards in advance. When a new employee is hired or
when new standards are adopted, supervisors should amend job
descriptions and performance evaluation forms and copies should
be given to all affected employees.
- Document all performance
problems regularly on appropriate appraisal or progressive
discipline forms. Provide the employee with a copy immediately. A
precise format for conducting an evaluation leads to more
thorough, accurate recording of information. Informality, on the
other hand, may lead to claims of discrimination.
- Provide employees with
relevant feedback. Vague, generalized or subjective evaluations
may lead to litigation.
- Promptly evaluate
nonproductive employees. When managers tolerate an employee with
a performance problem for months and then suddenly give him/her a
negative evaluation and terminate him/her, the employee may claim
that the action was arbitrary or discriminatory and may be able
to show that no opportunity for improvement was
given.
- Give the employee an
opportunity to comment on or dispute the performance appraisal.
This will support the fact that you provided the employee with
notice.
- Train supervisors how to
evaluate employee performance and how to administer the
company's appraisal system.
- Establish a review audit
system to prevent manager bias or personal feelings from
impacting on the appraisal.
- Develop written policy
statements approving only a specified procedure for conducting
appraisals.
- Document through
performance files as well as job-related testing, rating systems,
appraisal forms and signed memoranda.