Monday, November 1, 2010

Employee Performance Reviews

Employee Performance Reviews

Supervisors dread giving performance reviews.  They often have feelings of guilt or difficulty delivering negative news to likable employees.  They avoid fair and honest reviews to their detriment when termination is the only option for an employee who has performed in a manner that has caused the Company monetary and/or reputational damage. 

As Supervisory Trial Attorney and Regional Attorney at the Equal Employment Opportunity Commission, I read thousands of employer position statements where poor performance was cited as the reason for the discharge.  In response to the position statements, employees submitted performance reviews rating them as meets, exceeds or outstanding in the same areas cited for the termination.  When asked to explain the performance decline, supervisors responded that the performance was never great, but they didn’t want to give negative feedback in the review.  Some supervisors believed that a positive review mentioning no areas for improvement would actually motivate the employee.

I supervised employees for over 25 years and observed that no one benefits from a dishonest review.  Employees need to be told of areas for improvement and areas of excellence.  Dishonest performance reviews lead employees to a false sense of job security and ultimate disappointment when another supervisor tells them that they are not performing well.  Moreover, the business may have to settle a meritless claim because the glowing review cannot be rebutted.

As counsel, I advise supervisors that it is best to give honest feedback to employees during performance reviews.  There is no need for feelings of guilty if employees have the training for and the support needed to perform the essential functions of the job.  Employees still unable to perform the job are solely responsible for the poor performance review; it is not the supervisor’s fault.

Your Fellow Virtuoso,
Wanda E. Flowers

Disclaimer:  Nothing in this blog is to be taken as legal advice.  For legal advice, please consult with a licensed attorney regarding your specific circumstances.  Want to learn more?  Contact us at http://www.bizvirtuoso.com/!


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