Tis' the Season: Year-End Employee Evaluations
With so many employee discrimination cases decided by what's in the personnel file, you would think that employers would take better care at ensuring accuracy. Sure, you can be certain to have the W-4, I-9 and the signed acknowledgment in there. But what really matters in employment litigation is what is not stated in the routine evaluations. And there's a perfectly human reason why: it's the season!
Over the years I have had countless opportunities to prepare Pennsylvania employer supervisors for trial or take a deposition on behalf of a wrongfully discharged employee. A repeated theme from either perspective is the inevitable review of the employee's annual or semi-annual evaluation. Many company's do the evaluations at yearend and the employee bonus is often dependent on having a good one.
Chalk it up to bad timing, but in December even the best supervisors seem to get a little sentimental. With the office all decorated for the holidays and the holiday cards piling up on the desk it is not as easy to give the under-performing employee the "1s" and "2s" that she deserves. After all, the evaluator thinks, she has a family and they are depending on her...and it's the holidays. So, with the best of intentions the supervisors ends up giving the employee a "meets expectations" review and there you have it: a great piece of evidence for the Plaintiff's lawyer.
The employe evaluation is the best explanation of how an employee is performing. Juries and Judges love employee reviews. How can the employee go from "meeting expectations" in December and getting a pink slip in February? This ends up being a hurdle that is nearly impossible to explain, resulting in costly litigation and settlements.
The point is: the evaluation MUST be an honest one. Regardless of how much it's going to hurt or how awkward it's going to be, or how it is going to impact the employee's bonus --- at the holiday season -- an evaluating supervisor must give an accurate and truthful assessment with "1s" and "2s" if deserved. Perhaps employers could move evaluation time to June to avoid the charitable feeling of the season. When it comes to evaluations there is no room for giving.