Perf App and Doc

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    Personnel Appraisals and

    Documentation- Dos and Donts

    Presented To:

    Audubon Area

    Community Services

    Presented By:

    Susan Sears, Esq.

    Dinsmore and Shohl, LLP

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    The Big Three

    Absenteeism and Tardiness

    Performance Deficiencies Misconduct and Rule/Policy

    Violations

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    Absenteeism and Tardiness

    -Unjustified absenteeism

    and tardiness are

    tremendous problems foremployers. Accurate

    record-keeping and

    consistent and fair

    administration of an

    absenteeism policy is

    important in maintaining

    an efficient workplace.

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    Performance Deficiencies

    - If accurate

    documentation

    regarding deficient

    performance is

    maintained, it will be

    much easier to sustain

    any discipline leviedas a result of poor

    performance.

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    - When an employeeengages inmisconduct orviolates work rules,the incident should bediscussed with theemployee anddocumented by the

    supervisor. Thesupervisor should alsodocument the fact thathe or she discussed

    the incident with theemployee.

    Misconduct and Rule/Policy

    Violations

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    Performance Appraisals Why

    are they so important?

    - Performance reviews are an integral part of

    the employees on the job experience.

    - When fair, accurate and conducted on a

    regular basis appraisals can stimulate

    employee morale, which can lead to more

    efficient business operations and discourage

    litigation.

    - When performance reviews are not fair

    and reasonable, generating inaccurate or

    incomplete appraisals, they can have the

    opposite effect.

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    Performance Appraisals Possible Legal Consequences, ctd.

    -Performance evaluations

    can make or break a case

    brought by an employee on

    the basis of discrimination,retaliation, harassment,

    wrongful termination, etc.

    -Proper documentation of

    employee performance can

    help protect against

    employer loses in these

    areas.

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    Performance Appraisals Best

    Practices

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    AModel Policy . . .

    - Explains the importance of the

    evaluation process.

    -Clarifies whether the companywill consider the evaluations in

    compensation decisions.

    -Advises managers of theirresponsibilities regarding

    employee development and

    performance improvement plans.

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    AModel Policy, ctd.

    -A model policy should explain:

    - How and when to evaluatesubordinates.

    -How to complete the evaluationform.

    -How the performance rating

    system works.

    -Whether you should first ask

    subordinates to provide a self-

    evaluation.

    -What role goal and objective

    setting plays in the process.

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    Year-Round Process

    -Continually evaluate.

    -Address successes and deficiencies as they occur.

    -Counsel employees as performance issues arise.

    -Record your thoughts and observations about

    employees, both positive and negative, throughout the

    year so that the annual performance appraisal will not

    simply focus on the previous few weeks or months.

    -Evaluate only the current year or performance. Dont

    be influenced by past performance.

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    Tips For Being an Appraisal

    Pro

    -Dont skirt the issues.

    -Dont overstate goodresults.

    -Be careful withlanguage.

    -Be consistent.

    -Think outside theboxes elaborate onmarks given.-Share you appraisalwith the employee andask for comment.

    -Confront problems asthey arise.

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    Facts vs. Editorializing-

    Avoid reciting secondhandinformation. Use only first hand

    knowledge.

    Draft documents so that a thirdparty who knows nothing aboutthe situation will be able to

    understand what happened. Be honest and dont embellish.

    Include any past history needed tounderstand event.

    Performance Appraisals How

    to Document

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    Be Specific and Objective-

    Avoid using generalizations- for example,words like typically, or usually

    The document should be datedcontemporaneously with the event. Draftas soon as possible.

    If there are eyewitnesses, name them.

    Specify exactly which work rule has beenviolated.

    Avoid legal conclusions, which are likelyto be misconstrued.

    Performance Appraisals How

    to Document, ctd.

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    Be Consistent and Neutral-

    Always have the employee sign the letter, or

    note if they refuse to do so.

    Always make sure the document is signed bythe person preparing it.

    Dont over-document or over-distribute.

    If employee requests to add their own side of

    the story to the document, accommodate that

    request.

    Avoid unnecessary commentary and admissions

    or confessions.

    Performance Evaluations

    How to Document, ctd.

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    Consider Asking for

    assistance- better safe than

    sorry!

    Beware of any retaliation

    claim that may have been filed

    by the employee.

    If you are the subject of the

    complaint, have someone

    else complete theevaluation.

    Scrutinize the evaluation to

    make sure it is objective

    and complete.

    Handling the Tough Appraisal

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    Steps for Success with a Tough

    Appraisal

    1. Review notes made during

    year. Look at objectives

    met and not met.

    2. Analyze failures and what

    could have been done

    differently.

    3. Review emails and

    internal memos from

    others concerning the

    employees performance.

    4. Consider attendance

    record. Highlight

    strengths and weaknesses.

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    Steps for Success with a Tough

    Appraisal, ctd

    5. Look at criticisms and

    make sure they are

    consistent with those

    throughout your

    department.

    6. Analyze specific problem

    areas, feedback from

    others, and how the

    employee failed to meetstandards.

    7.Meet with employee to

    discuss review and

    methods of improvement.

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