Sales performance appraisal for Legal Services

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[Music] let's take a look at performance appraisals from an employment law perspective employers often attribute terminations to poor performance by employees even though at will employees can be terminated for poor performance without supporting evidence in performance appraisals and other documents it's highly advisable for employers to document employee performance such documentation if credible helps establish that performance issues cited as grounds for termination are not pretexts for discrimination or other illegal motives to be credible all employees within the same job category should have the opportunity to have their performance evaluated and to receive feedback on their performance courts generally have not recognized negative performance appraisal ratings in and of themselves as adverse employment actions on which discrimination charges can be based performance criteria and standards must be applied in a consistent manner using double standards to evaluate members of a different protected class group is clearly disparate treatment performance appraisals inherently involve an element of subjectivity to lessen the chance of disparate treatment performance criteria should be as objective as possible job performance is multifaceted so ratings should consider different dimensions of performance it's also important to have criteria that are established and known to employees beforehand although most cases involving performance appraisals alleged two-spirit treatment rather than adverse impact performance appraisal criteria should be related and consistent with business necessity performance ratings that suddenly diverge from established track records of performance are apt to attract judicial no debts this is particularly true when it occurs shortly before a termination performance appraisals should be written mindful that they might become evidence in a subsequent legal seating appraisers do not have to shy away from criticism but their tone should be measured and professional under a performance improvement plan known as a p IP an employee is given outcomes that must be attained over some period of time with specified negative consequences if desired performance is not forthcoming it's a good idea to try to correct performance problems before they become too serious and require termination [Music]