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Be Honest in Preformance Reviews

Posted by: John Gilliland
April 09, 2007
Topic: Miscellaneous

The news always has some interesting examples of employment law issues.

A timely example is the current controversy concerning the U.S. Department of Justice’s firing of eight United States Attorneys.

Totally aside from the question of whether or not those dismissals should have occurred (we will try to be non-political on this blog), the situation illustrates how what is in an employee’s personnel file makes a difference in the event of discharge.

From press reports, it appears the Department of Justice claims the eight attorneys were discharged due to poor performance.  However, at least some of their personnel files apparently are not consistent with that charge. If so, the Department of Justice should have consulted an employment lawyer before giving poor performance as the reason.

It happens so often - a discrimination or other wrongful discharge suit is filed against an employer.  The employer says the discharge was not due to unlawful discrimination or other reason.  Rather, the employer is adamant that the employee’s discharge was due to poor performance.

One of the first things the employer’s employment lawyer will do is ask to see the employee’s personnel file.  All too often, the employer’s “poor performance” defense is not supported by what is in the personnel file.  There is nothing to document poor performance.  Indeed, just the opposite is often the case - the employee’s file contains glowing performance reviews.

In this situation, what would you believe - the employer’s self-serving claims of poor performance or the documents in the employee’s personnel file?

Accurate and complete documentation of an employee’s performance is one of the most valuable things an employer can do to successfully defend claims of discrimination or other wrongful discharge.  The written documentation will speak much louder and more forcefully than anything the employer later says verbally.

Of course, giving good performance reviews and ignoring progressive discipline is much easier than being honest and pointing out areas of needed improvement.  However, unless what is said is true, it will come back to haunt.  

When evaluating an employee’s performance, be honest and accurate. You are doing no one any favors when you pretend an employee’s performance is good when it is not. Think about it - aside from how inaccurate documentation can come back to haunt, how is an employee expected to improve his or her performance if you aren’t honest in identifying areas of needed improvement?

        

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