Legal Issues of Performance Management

1106 WordsOct 3, 20155 Pages
Legal Issues of Performance Management Legal issues associated with a performance management system can vary, but as Herman Aguinis states “performance management systems that are fair and acceptable to the employees are also legally sound” (Aguinis, 2013). The following paper will review some of the most common mistakes found in performance management systems that allow for legal implications to take place. The primary focus will be directed towards procedural standardization and implementing them equally with all employees. The secondary focus will examine how improper documentation leads to legal implications because of a lack of showing reason for decisions of no pay raise or even termination of employment. Procedural…show more content…
This study was just within federal government jobs, to include contractors. So, the EEOC is looking into a larger scale of retaliation as being a major factor across organizations in all areas of employment. Retaliation can be a big part of unequal treatment and reviews of employees. So, by focusing on removing illegal discrimination within the workplace at any organization can minimize the legal ramifications sought after by an employee who is dissatisfied with their performance evaluation. Lack of Documentation The final area to be presented will ensure the previous two areas (procedural standardization and illegal discrimination) are creating a legal and fair situation for all to be treated equally and inevitably receiving a review that holds true to the performance presented. Documentation is by far one to the most important aspects of the performance management system. Robert Bacal of the Performance Management Help Center states, “While it is true that documentation (notice, not performance reviews) can be useful in defending against a law suit, much depends on the quality of the documentation. Best are records that include specifics of employee misconduct and failure to perform, and not ratings. Specifics in the documentation is essential, and often ratings don’t accomplish that” (Bacal, 2015). Ensuring all instances, good or bad, are documented will not only enable the supervisor to write an accurate review, but will also
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