Performance Reviews

News & Analysis as of

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

Can An Annual Performance Review Work? A Case Study, Success Story, and Interview

When Suzanne Benoit, Senior Professional in Human Resources SPHR, joined Wright-Ryan Construction, Inc. as its Director of Human Resources, she learned that her employer had been using an annual performance review process...more

Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations

In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more

No Duty to Explore Cause of Poor Performance Absent Notice of Correlation to Disability

A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be...more

Contingencies on Employee Bonuses Delay Employer’s Tax Deduction According to IRS Chief Counsel Memo

An employer cannot deduct cash bonuses in the year in which its employees perform the services giving rise to the bonuses, but must wait until the following year when the bonuses are paid, under bonus plans with several...more

Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe

On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S....more

Fire Captain’s Comments in Daily Logs Held Subject to Firefighters Procedural Bill of Rights

Since 2008, California firefighters have enjoyed increased procedural protections under the Firefighters Procedural Bill of Rights (FFBOR) (Govt. Code § 3250 et. seq.). Section 3255 of FFBOR provides that “[a] firefighter...more

Comments on SBA's Proposed Rule Regarding Contractor Past Performance Information: FAR Case 2012-028

Dear Ms. Flowers: Our firm represents small businesses that operate across the government contracting spectrum. On behalf of these companies, we are writing to submit comments on the Defense Department, the General...more

The Dos and Don’ts of Performance Evaluations

Performance evaluations take up the time of the employer, supervisors, and of course the employee – paid time for supervisors and employees – and for a company, time is money. A performance evaluation can be a confrontation,...more

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

Why does teacher evaluation based on student performance continue to be a hot topic?

U.S. Secretary of Education Arne Duncan recently granted seven California school districts waivers of some requirements of the No Child Left Behind Act (NCLB) in exchange for, among other things, a promise to include student...more

Employment Law Reporter - August 2013: Don't have rules and policies unless you are prepared to discipline those who break them

In the immortal words of Stephen Covey, the genius who convinced us to micro-organize our lives into fifteen minute increments, "Effective leadership is putting first things first. Effective management is discipline, carrying...more

Labor Letter, August 2013: Five Documents Sure To Appear In Your Lawsuit

Although simple and oftentimes overused, sports metaphors can provide insight into complicated topics. When it comes to employment litigation, cases often boil down to “blocking and tackling.” In other words, the fundamental...more

Recent Nursing Facility CON Decision Creates Controversy - What Is “Past Quality of Care” in a CON Review?

A recent decision in the Wake County nursing facility certificate of need (CON) case includes a new take on quality of care in the CON context that might well impact future applications and reviews. The case arose from...more

Can the Performance Review Be Fixed? An Interview with Author Paul Falcone

Nearly every survey on the subject of performance reviews reports dismal results....more

D’oh! Employment Law According to Homer Simpson

We have all lived in a highly regulated, pro-employee environment for years. Moreover, there is no hiding it; employers are bombarded by news about the hazards of having employees which illustrate the various pitfalls, often...more

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