Tips for Ensuring Performance Appraisals Hold Up in Court

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Tips for Ensuring Performance Appraisals Hold Up in Court
Genevieve Northup, Editor, Germany, Premium Member
One inherent risk in the use of performance evaluations is that they may become the basis for or evidence in workplace discrimination or wrongful termination lawsuits. Based on an analysis of court proceedings in such lawsuits, researchers developed indicators to make performance appraisals defendable.
According to them, companies should consider the following in developing and executing appraisals that can withstand legal proceedings:
  1. RESPONSIBILITIES AND CAPABILITIES: Use performance criteria that are based on responsibilities and tasks of the position, as well as the capabilities of the employee necessary to successfully complete such requirements (Kreitner, 2009, p. 276, 283).
  2. BEHAVIOR: The basis of your evaluation should be an individual's behavior rather than an individual’s characteristics. (Kreitne...Sign up

Tips for Successfully Implementing Performance Appraisal Techniques
apeksha mehrishi, Student (MBA), India, Member
Thanks for these appropriate suggestions!
Conducting performance appraisals is one of the HRD skills needed to evaluate and better develop employ...Sign up

Positive Intent of Performance Appraisal
srinivas, Lecturer, India, Member
Irrespective of the outcome of performance appraisals, if the intent of the appraiser and the one who gets appraised is positive then a fruitful conve...Sign up

Results of Performance Evaluation
ANDRES RENDON, Manager, Colombia, Member
Just right now we are implementing the first appraisals performance into our company, after 52 years. If a company or reviewer is ignorant on how to c...Sign up

Legal Performance Appraisal Tips
Jaap de Jonge, CEO, Netherlands, Editor
Let's keep this discussion focused primarily on legal tips to avoid problems in lawsuits to be used when you're conducting a performance appraisal. He...Sign up

Local Laws Performance Evaluations and Appraisals
Ed Neri, HR Consultant, Philippines, Member
6. LOCAL LABOUR LAWS: To avoid lawsuits or risk of court cases, you also need to custom fit your PE/PA to the labor laws or rules in the country it i...Sign up

Legal Performance Evaluation Tips
ANDRES RENDON, Manager, Colombia, Member
I agree with you Mr. Jaap, it's key to "keep record" throughout the process. The recommendation is to store the results of several years (in my countr...Sign up

Developing and Executing Performance Appraisals that Can Withstand Legal Proceedings
Bernie Althofer, Teacher, Australia, Member
Workplace bullying complaints and allegations can and are often made about performance management and appraisals processes. In some cases, individuals...Sign up

Performance to the Organisation
Onyango Lucius, Events Marketer, Uganda, Member
Its good to introduce these things to the employees, but what matters most is that the managers implementing this process are well-versed with the per...Sign up


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