Performance and discipline reviews help businesses maintain productive workplaces, but they can also be a potential source of legal trouble when incorrectly handled. By following a structured and legally sound approach, you can ensure your company’s employee reviews are productive and defensible.
Cobb Cole’s employment and labor law attorneys defend employers’ rights in employment disputes, including claims of discrimination and wrongful termination. Below, we explore several best practices for handling performance and discipline reviews effectively, as well as what to avoid.
Discuss Issues Early for Positive Change
No one enjoys conflict, so it isn’t always easy for managers to deliver criticism. However, addressing performance issues early on benefits the employee’s growth and the company’s long-term success, fostering improvement and preventing misunderstandings. Not avoiding difficult conversations and providing helpful, detailed feedback positions your company to boost employee satisfaction and defend potential lawsuits.
When conducting reviews, frame the discussion around the behavior, not the individual. Mention specific incidents and their consequences and give the employee concrete suggestions on how to correct their actions or performance.
While tough conversations can be uncomfortable, they often lead to positive change when handled carefully and fairly. Plus, having them sooner rather than later is crucial to protecting your company’s reputation and legal foothold.
Apply Uniform Standards
Unequal treatment is one of the most frequent claims in discrimination and wrongful termination cases. Consistency in performance and discipline reviews helps protect against these claims. If two similarly situated employees commit an identical violation, the corrective action should be the same for both. If one of those employees has a history of strong performance while the other has multiple poor reviews, you can document those differences in the reviews.
Managers should also ensure consistency across teams and departments, avoiding unequal standards or favoritism. Provided they use clearly stated policies and documented expectations when evaluating employees, they can create a transparent review process that fosters trust and accountability. Regular training also helps managers learn the latest tools and techniques for performing unbiased reviews and maintaining labor law compliance.
Get a Second Opinion
Consider having performance and discipline reviews double-checked by HR or an employment and labor law attorney before sharing them with employees. A second set of eyes ensures your reviews are legally sound and don’t contain common missteps, such as criticizing an employee for something that’s legally protected. This one extra step can go a long way in protecting your organization from potentially expensive lawsuits.
Legal reviews also offer an opportunity to ensure backup documentation accurately reflects the employee’s conduct or performance. Overly lenient or harsh reviews tend to cause workplace friction and can undermine a manager’s credibility.
Document, Document, Document.
Documentation can be your best defense if an employee performance or discipline review is ever challenged legally. Document the review itself and any related meetings or discussions. If possible, have a witness present during any formal disciplinary conversations who can corroborate what was said.
Contemporaneous records, including those created at or near the time of the incident, generally carry greater weight in employment-related legal matters than retrospective accounts. Be sure to document any employee feedback, verbal exchanges, and key moments accurately and promptly. This diligent approach strengthens a case should a dispute arise and demonstrates your organization’s commitment to a fair and transparent process.
Employment And Labor Law Services From Cobb Cole
Employee performance and discipline reviews are a central aspect of maintaining a productive and legally compliant workplace. By embracing difficult conversations, maintaining consistency, having reviews properly vetted, and thoroughly documenting every action, you can create an environment where fairness and accountability are the norm. These efforts help your business succeed and protect it from potential legal risks.
Employment and labor law services from Cobb Cole help protect Florida employers from legal disputes while maintaining positive and productive employee relationships. Contact us online or call 386-255-8171 to learn more or schedule a consultation.