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Tell bosses not to gloss over performance deficiencies

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in Employment Law,HR Management,Human Resources

Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.

Recent case: Steve claimed he was fired for complaining that his free speech rights had been stepped on. He sued, alleging retaliation. As evidence that his termination was just an excuse to punish him for speaking out, he presented his past evaluations, which were “satisfactory.”

Steve’s former employer countered that those evaluations may have been satisfactory overall, but they also contained substantial negative feedback on his performance.

The court agreed, saying satisfactory ratings alone didn’t sink the employer’s explanation that it fired Steve for overall poor performance despite earlier satisfactory work. The case was dismissed. (Tarbuck v. State of Nevada, 9th Cir., 2017)

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