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Genevieve Northup Editor, Germany
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Tips for Ensuring Performance Appraisals Hold Up in Court
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:

- 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).
- BEHAVIOR: The basis of your evaluation should be an individual's behavior rather than an individual’s characteristics. (Kreitner, 2009, p. 283). In doing so, managers remain focused on “how” well employees accomplish requirements (Kreitner, 2009, p. 283).
- TRAINING AND INSTRUCTIONS: Reviewers receive training and detailed written instructions to avoid personal bias, errors and ambiguity (Kreitner, 2009, p. 283).
- REGULARLY MEETINGS: Reviewers meet with employees to discuss the performance evaluation to facilitate corrective actions and professional development (Kreitner, 2009, p. 283).
Source: Kreitner, R. (2009) "Management" (11th ed.). Boston, MA: Houghton Mifflin Harcourt Publishing Company.
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apeksha mehrishi Student (MBA), India
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Tips for Successfully Implementing Performance Appraisal Techniques
Thanks for these appropriate suggestions!
Conduct (...)
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srinivas Lecturer, India
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Positive Intent of Performance Appraisal
Irrespective of the outcome of performance apprais (...)
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ANDRES RENDON Manager, Colombia
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Results of Performance Evaluation
Just right now we are implementing the first appra (...)
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Jaap de Jonge Editor, Netherlands
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Legal Performance Appraisal Tips
Let's keep this discussion focused primarily on le (...)
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Ed Neri HR Consultant, Philippines
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Local Laws Performance Evaluations and Appraisals
6. LOCAL LABOUR LAWS: To avoid lawsuits or risk of (...)
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ANDRES RENDON Manager, Colombia
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Legal Performance Evaluation Tips
I agree with you Mr. Jaap, it's key to "keep recor (...)
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Bernie Althofer Teacher, Australia
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Developing and Executing Performance Appraisals that Can Withstand Legal Proceedings
Workplace bullying complaints and allegations can (...)
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Onyango Lucius Events Marketer, Uganda
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Performance to the Organisation
Its good to introduce these things to the employee (...)
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