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8/6/2019 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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