Performance Reviews

News & Analysis as of

Proving the Business Value of a Strong Organisational Culture: Four Keys to Serco’s Success

We’re thrilled to have U.K.-based Robert Smith, Director Assurance at Serco Group PLC (Serco), a NAVEX Global client, share his thoughts on how he and his team are helping Serco build and sustain a strong organisational...more

Fourth Circuit Affirms Dismissal of Age Discrimination Claim Despite Manager's Comments About Need to Retire

In order for a plaintiff to prove age discrimination, he/she must show that age is a “but for” reason for the termination or other employment action. In other words, but for the plaintiff’s age, the termination decision would...more

NLRB Restricts Company From Requiring Employee to Keep Performance Improvement Plan Confidential

When faced with performance or disciplinary issues, human resource professionals often turn to use of a performance improvement plan (PIP) as a method to explain to employees problems with their work and expectations for...more

You’ve Exceeded My Expectations, Valentine!

Maybe so, according to Rachel Feintzeig, who wrote in Tuesday’s Wall Street Journal, “Everything Is Awesome! Why You Can’t Tell Employees They’re Doing a Bad Job.” The idea is that many employers are getting away from...more

Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

Four Steps to Effective Performance Management

Getting the most out of employees has always challenged employers. It is particularly difficult in today’s highly regulated business environment with increased global competition and changing employee attitudes. Performance...more

Nurse's Poor Work Performance Outweighs Claims of Whistleblower Retaliation

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other...more

Your Most Important Employment Documents

Employment litigation can be expensive and time consuming. Success or failure in defending your company can turn on either the law or the facts. You can’t do too much to change the law that applies to any given case. But...more

When Failure is Not An Option...Fire

One of the riskiest things you do as an employer is terminate employees. Another one of the riskiest things you do as an employer is NOT terminate employees. And the latter can actually be riskier than the...more

The Roundup: Last Week’s Recommended Reading (Dec. 19, 2014)

From Around the Web - 3 Signs It’s Time to Refinance Your Law School Loans: The folks at SoFi provide some useful information about how and when to refinance your student loans, the basics of consolidation and...more

Ty Cobb and the Compliance Performance Appraisal Review

Today we celebrate greatness, in the form of one of the greatest baseball players ever, with the anniversary of the birthday of Ty Cobb. Coming up to the majors as a center fielder for the Detroit Tigers in 1905, he emerged...more

How Do You Handle Negative Feedback in a Performance Review?

Kate McGuinness is back to answer a question from a lawyer who received some pretty harsh feedback during a performance review. Kate is an attorney-turned certified executive and life transition coach, and the founder of...more

The Three Things You Should Do to Make Your Performance Review Useful

Kate Mayer Mangan is back to talk about a subject that so many attorneys face. You may recall her previous post about whether personality tests are an actual indicator of career success and litigation for introverts. Today...more

6 Mistakes Managers Make in Performance Reviews

The end of the year marks the holiday season with office parties and Christmas cheer. However, the end of the year also marks the time when many businesses conduct annual performance reviews of their employees. Office reviews...more

Can Giving an Employee Praise Get You Into Trouble?

Many companies try not only to be profitable, but also to be good employers. Some employers still fear, however, that praising employees too much for good work may create some workplace liability. Fortunately, the U.S....more

A PIP of a Discharge Claim

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

Re-evaluating the Board Evaluation

Board evaluations have long been standard practice among public companies. With shareholder interest in corporate governance practices at an all-time high, the focus on board evaluations is expected to increase. ...more

If You Didn't Write It Down, It Didn't Happen

As education and employment lawyers, we experience schools’ collective challenges at a far greater rate than any individual institution. This year, the issue that schools have struggled with most is the failure to document...more

Employer's Auditor Creates Doubt As To Whether Employee Was Poor Performer, Reminds Employers About Full And Robust Performance...

Many companies’ fiscal years end in June and July, meaning that they may soon find themselves in the midst of performance review season. While Human Resources professionals routinely remind managers of the importance of...more

IIllinois Legislature Grants Recall Rights to “Grouping 2” Teachers with One Needs Improvement Evaluation Rating

On June 13, 2014, the Governor signed House Bill 5546 expanding the recall provisions of Senate Bill 7. The new legislation is effective July 1, 2014 and extends limited recall rights to honorably dismissed (“RIFed”) teachers...more

The FOIA and Superintendent Evaluations: Toensing and The Various Components of The Evaluation

When evaluating superintendents of schools, school boards usually seek to synthesize the views of individual board members into a collective voice for the board. In Toensing v. Chairman, All Boards Chairs Committee, Regional...more

CFPB releases report on employee reviews

The CFPB appears to have reacted to the American Banker’s recent article revealing that CFPB staff evaluations showed a pattern of racial disparities by releasing the internal report that was the basis for the article....more

CFPB staff evaluations show racial disparities, American Banker reports

Given the CFPB’s fair lending focus, there is certainly a strong dose of irony in the American Banker’s report yesterday that CFPB staff evaluations show a pattern of racial disparities. The article states that, according to...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

Job Descriptions And Performance Reviews – Do They Help Or Hurt Defend Against A Claim Under The American With Disabilities Act?

When an employee files a claim under the American with Disabilities Act ("ADA"), two of the key issues for determination are whether the employee is "qualified" for the position and whether the employee can perform the...more

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