What Role Do Performance Evaluations Play in Wrongful Termination Cases?
Performance Evaluations Play in Wrongful Termination Cases
Employee performance evaluations can be both a shield and a sword in the workplace, depending on how they are handled by managers. When they are conducted correctly, performance reviews can help employees excel in their positions and advance in their careers. However, when they are abused or manipulated by supervisors, the results can lead to wrongful termination claims.
In many organizations, performance appraisals are considered confidential information that is shared only with those who need to know, such as supervisors and HR staff. They may also serve as a tool for creating professional development plans for the future.
It is not uncommon for employees to allege discrimination based on their performance review. If the alleged discriminatory behavior is backed up by facts, such as consistent negative feedback or an inability to meet goals, it can be difficult for an employer to justify a wrongful termination.
What Role Do Performance Evaluations Play in Wrongful Termination Cases?
If a supervisor conducts a performance review for an employee, it is important that they prepare adequately and make sure the appraisal is documented accurately. Some supervisors may feel uncomfortable in the evaluator’s role, leading them to rush through the process or neglect important details. This can lead to miscommunication and an inaccuracy in the evaluation.
Other evaluators may be biased against an employee or have a personal relationship with the individual that clouds their judgement. This can result in a negative review being influenced by bias or prejudice and ultimately hurt the employee’s career. Supervisors should take the time to be thoroughly prepared and avoid making personal judgments.
Aside from a subjective assessment, another common distortion is disclosing unfavorable performance information to a third party. This can be a violation of the law and can damage an employee’s reputation. It is critical that all evaluators are aware of the legal implications of their actions and conduct their assessments in a professional manner.
Finally, some evaluators may inflate an employee’s rating out of fear of being accused of discrimination. This can be a serious problem for supervisors and should be avoided. Managers should be honest and forthright with employees regarding their performance and provide achievable goals that are realistic.
A strong performance management system includes clear communication between supervisors and employees, effective job descriptions, training opportunities, model employment contracts, fair compensation policies and consistent evaluation procedures. This approach will ensure that the evaluation process is not used as a tool for illegal purposes and protect the company against wrongful termination allegations.
If you have been terminated by an employer who may have violated employment laws, a lawyer can help you determine the best course of action. Contact the experienced attorneys at Sommers Schwartz today to learn more about your options. We can assist you in filing a lawsuit against your former employer for wrongful termination. Our team is dedicated to ensuring that our clients receive the maximum financial compensation available for their injuries. Contact us today to schedule your free consultation with one of our experienced employment litigation lawyers.