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When a previously good performer starts to slide, carefully document decline

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in Centerpiece,Employment Law,Human Resources

When an employer fires a worker for poor performance and the worker sues alleging some sort of discrimination, the employer must be ready to explain any apparent decline in its performance appraisals.

That’s especially true if the worker previously received excellent reviews. Past excellent performance doesn’t mean the employee is untouchable, and employers aren’t bound by those past good appraisals.

They merely have to substantiate the decline, making an effort to show how performance changed over the years.

Recent case: Wayne, who is 58 years old, had worked as a warehouse manager for Coastal Pacific since 2003. He had generally received favorable performance reviews. A 2012 review noted that he was the company’s highest paid supervisor.

In August 2012, Wayne told the HR manager he needed leave to care for his ailing mother. He was approved for four-and-a-half weeks of intermittent FMLA and California Family ...(register to read more)

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{ 1 comment… read it below or add one }

Gisela Espinal September 18, 2018 at 9:10 am

I am so glad to see this post, I am facing the same situation with my employers. The difference is that I had to address the changes I was experiencing, and no one advised me about my performance issues. Since I sent the email my bosses have conferenced called me and alleged that I too was performing poorly over a long period, yet no one brought it to my attention. The company is getting rid of personnel due to new ownership and policy changes. I just knew I would have been next had I not sent that email. I am not out off their radar yet, but at least I know I am willing to try and adapt to their changes before they so cruelly fire me. I had always received excellent reviews as Wayne did.


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