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Employee performance evaluations can be either sword or shield

October 2020 employment law letter
Authors: 
Jeffrey M. Cropp, Steptoe & Johnson PLLC

Conducting effective and accurate employee evaluations is an important part of any manager’s or supervisor’s job. Employee evaluations can be used as a sword, cutting through an employer’s defenses of its adverse employment decisions, or as a shield for the employer against an employee’s claims in a lawsuit. This article will address the potential consequences of poorly conducted performance evaluations.

Sword or shield

From both a managerial and a legal standpoint, there are several benefits to properly conducting employee evaluations. From a managerial standpoint, an evaluation gives the supervisor the opportunity to meet with the employee and provide feedback on how she is performing. To the extent there are issues that need to be addressed, the supervisor can use the evaluation and the meeting to identify the issues and attempt to place the employee back in the right direction. In addition to providing feedback, the meeting also creates the opportunity to learn about any issues or concerns the employee has. It’s better to learn about potential issues early so the employer can address them quickly.

From a legal standpoint, conducting an effective and accurate employee evaluation can be just as important. Should the employer need to discipline or discharge an employee due to poor work performance, a history of poorly or inaccurately conducted performance evaluations can place the employer in an extremely difficult position.

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