Performance Reviews: Legal Pitfalls Employers Should Watch For
Performance reviews are an important process when managing a team. An evaluation that is done well benefits both the employer and the employee. Providing constructive criticisms, insightful feedback, and appropriate praise can strengthen a team and energize the workplace. On the other hand, mishandling a performance review can cause major trouble for an organization. It’s important that these meetings are thoughtfully planned out to avoid issues like discrimination and retaliation complaints. Here are some tips for planning and conducting performance reviews in a manner that is both constructive and legally sound.
Have Consistent Standards and Procedures
Discrimination and retaliation complaints arise when an employee feels targeted, so it’s crucial to not single out any specific employee and to stay fair in your evaluations. This is much easier when there are documented and communicated procedures for performance reviews. Have some standard questions for reviews, give the employee opportunity to talk, and have clearly communicated policies for when discipline is needed. When both parties know what to expect, everyone feels a lot better. If an employee does feel slighted, having a consistent, documented process will be an added protected in court.
Document Meetings
An easy step to overlook with these meetings is the preparation. Review and provide job descriptions, questions, past reviews, and examples of work prior to and during the evaluation. Doing so will make it clear as to why a performance review is needed. When a correction is warranted, having documentation of mistakes or negative behavior will make it clear why the employee is being disciplined. Additionally, documenting what feedback is given and what is said during the meeting is important for future evaluations and any possible complaints.
Offer Praise Along with Criticism
The best way to have everyone feeling good after a review is to provide a mix of praise and criticism. The goal of an evaluation should be to reinforce good work and to correct mistakes. Offering a mix of positive and negative feedback will make an employee feel appreciated, while also letting them recognize what they could do better. You’ll get the most out of your performance reviews when both employer and employee feel understood and seen.
A successful performance review requires effort and clear communication to achieve full benefits. Following these tips will help to make you and your employees feel secure and confident at work, preventing discrimination and retaliation complaints. In the case of grievances, documentation of evaluations provides a useful legal safety net. Contact us for more assistance on conducting performance reviews.