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Provide Effective Employee Reviews
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Step 4:
Obey the law
Any time you commit information to writing, it can come back to haunt you. So as you're preparing performance reviews, remember that they could end up in a court of law. When in doubt, seek legal advice. In the meantime, remember the following dictums:
Don't get personal. Reviews should deal with employment matters only. If you mention an employee's off-duty activities or personality traits that don't affect their work in any way, you're flirting with legal trouble.
Show no bias. Make no mention of an employee's gender, age, race, religion, sexual orientation, or national origin--even if you would mention it in a positive light.
Be consistent. Make sure employees are evaluated by the same criteria--especially employees who perform substantially similar jobs.
Provide recourse. Make sure employees have some formal way of registering their disagreement with the conclusions of the review. Courts are more likely to accept reviews as evidence of under-performance if employees have already received an opportunity to defend themselves.
Ensure reviewers are qualified. The reviewer should be genuinely familiar with the employee's work. Otherwise, the review may not be valid before a judge.
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