News & Analysis as of

Employee Evaluations

Don’t Sugarcoat Performance Evaluations

by Fox Rothschild LLP on

Many people want to be liked. Problems arise, however, when a supervisor’s desire to be liked prevents them from pointing out deficiencies in an employee’s work. Pointing out deficiencies is a way for supervisors to help...more

Honesty Is The Best Policy (Especially for Employers)

by Pessin Katz Law, P.A. on

Inflated, generic, or incomplete performance evaluations plague employers of all stripes. Ironically, most supervisors provide them to avoid or minimize conflict, but in the end, they often create larger problems. ...more

Employment Law Letter - Summer 2017

by Shipman & Goodwin LLP on

How often does the Supreme Court of the United States decide a case that specifically affects a Connecticut employee? And how often are its decisions unanimous? Both occurred recently when the high court reviewed a dispute...more

CAS Legal Mailbag Question of the Week – May, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was just appointed principal of my school last fall. Despite my charming personality, I find that I am not the most popular person in my building. Originally published in the CAS Weekly Newsletter...more

State Board of Education Adopts PEAC Recommendation Regarding Use of Master Tests in Educator Evaluation Plans

by Shipman & Goodwin LLP on

At its meeting on April 5, 2017, the State Board of Education voted to adopt the March 29, 2017 recommendation of the Performance Evaluation Advisory Council (PEAC) concerning the use of state mastery test data in educator...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Developing a PIP that will make employees comeback heroes—Tom Brady style

by FordHarrison on

As an HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors...more

Being the “Necessary Evil” is so 2016: It’s Time for Ethics & Compliance to Rebrand Itself

by NAVEX Global on

As part of our culture assessments, NAVEX Global’s Advisory Services team has led more than 1,300 in-person focus groups with employees at all levels, in many countries and from every industry. We’ve heard candid comments...more

Top 5 HR resolutions for not getting sued in 2017

by FordHarrison on

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

The Quest for a Workable Employee Evaluation: The Saga Continues

by Davis Brown Law Firm on

In HR you have seen it all: late evaluations, lost evaluations, evaluations with all “5’s” checked and no comments, sexually inappropriate comments, cutesy comments that will get you sued such as, “not the brightest crayon in...more

Taking prior disciplinary warnings into account

by Dentons on

The extent to which an employer can take prior warnings issued to employees into account can be confusing. The recent case of Trye v. UKME (UK Mission Enterprise Ltd) UKEAT 0066_16 is a helpful reminder of the Tribunal's...more

Avoid the Walter Principle

by Ary Rosenbaum on

Since I’m a big fan of business and human interactions, I’d love to throw out another management principle I’ve thought about based on my work experience working as an employee for both third party administration firms (TPAs)...more

North Korea Has Banned Sarcasm. Whatever.

by FordHarrison on

In case you haven’t seen the news, no, the title is not a joke. The last word, however, is probably illegal now in North Korea (not that I worry much that this post is making it through the Hermit Kingdom’s web filters)....more

GAO report shows continuing CFPB employee concerns related to fair treatment

by Ballard Spahr LLP on

A report last month issued by the Government Accountability Office (GAO) found that a survey of nonexecutive CFPB employees revealed “heightened concerns related to fair treatment, trust that employees can raise concerns...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

by Sands Anderson PC on

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

MDE Guidance Relating to Evaluation Training Funds

by Clark Hill PLC on

Last week, the Michigan Department of Education (MDE) issued guidance on how funds for research, development and training related to educator evaluations will be awarded. This guidance is found on the MDE website, the tab...more

Parent, Child and Participation vs. Ownership: A Family Business Dilemma

by Davis Wright Tremaine LLP on

Here’s a common scenario: Parents successfully develop a business. Then their children get involved in the business – but maybe not all of the children. Then comes the challenge: One of the offspring works at the business and...more

3 tips for appropriate performance appraisals

by FordHarrison on

Each new year brings new resolutions. You might not be surprised to learn a 2015 Nielsen survey showed getting in shape was the most common new year’s resolution for last year. This year is likely to bring more of the same. I...more

Big Data in Human Resources = Big Decisions for HR Pros

by Zelle LLP on

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more

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

by Lane Powell PC on

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

ISBE Issues Updated Non-Regulatory Guidance on PERA and Senate Bill 7

by Franczek Radelet P.C. on

The Illinois State Board of Education (ISBE) recently updated its Non-Regulatory Guidance on the Performance Evaluation Reform Act (PERA) and Senate Bill 7 (SB 7). Similar to the 2012 guidance, the updated Non-Regulatory...more

A PIP of a Discharge Claim

by Sherman & Howard L.L.C. on

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

CFPB Employee Review Disparities Go Beyond Race

by Ballard Spahr LLP on

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

Panel Discussion: Investigations and Employee Discipline

by Dorsey & Whitney LLP on

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

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