Performance Reviews

News & Analysis as of

Performance Reviews For Marriages: What Could Go Wrong?

Marriage therapists are now advocating the use of “performance reviews” by spouses, according to an article in Monday’s Wall Street Journal. “By taking time to regularly evaluate and review their relationship together,”...more

HR FUN PUZZLE: Find What The AARP Did Right With This Underperforming Employee

Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The plaintiff was 50 when she was hired by her 56-year-old...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

California Enacts Change-in-Control Benefits For Grocery Workers

Last week, Governor Jerry Brown signed AB 359 (Gonzalez) that will impose a worker retention requirement when there has been a change in ownership or control of grocery establishments.  In general, the bill will require the...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

The Performance Review Your Employment Attorney Wants

Annual performance reviews are dreaded by supervisors, employees, and human resources professionals alike. They rarely look at an entire year of performance, are usually filled with gratuitous, vague, and meaningless...more

The Cost of Bad Performance Reviews: ‘I’m Getting Sued Because My Evaluations Were Too Nice?’

For many companies, employee performance reviews are often an afterthought. A recent survey showed that only 10 percent of employers actually found their current performance review process a “good use of time.” Many...more

School Districts: Regulatory Changes to Teacher and Principal APPR (6/15)

As previously discussed in our April 15, 2015 information memo, classroom teacher and principal Annual Professional Performance Reviews (APPR) will be governed by new statutory and regulatory requirements beginning July 1,...more

Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more

School Districts: Changes To APPR And Teacher Tenure (4/15)

While not as extensive as first proposed by the Governor, the enacted 2015-2016 budget bill will result in significant changes to the structure of Annual Professional Performance Reviews (APPR) for classroom teachers and...more

Procurement Pulse - March 2015: Update 2

Guidance to be read in conjunction with the Public Contracts Regulations, 2015 (PCR'15) is being issued thick and fast. We reported the new requirements for advertising below threshold contracts on Contracts Finder in the...more

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

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