Employee lawsuits typically are a result of negative evaluations or adverse employment actions. Much to the employers’ dismay, the employees usually win such cases thanks in part to the employers’ very own performance evaluation procedures. Using subjective performance standards, failing to effectively address performance problems, and not warning employees about the consequences of unsatisfactory performance are the three most common reasons why courts rule in favor of the plaintiff. While employers do have the right to insist on quality and productivity from every employee, they must also make legally defensible decisions when it’s time to reprimand or terminate an employee.
Good documentation of evaluations and disciplinary action is critically important, as it provides evidence to help verify whether an employee has received prior notice concerning a particular rule or deviation from acceptable job performance. It also provides a record of whether an employee has previously been disciplined and, if so, the appropriate form of discipline for subsequent misconduct. In addition, it creates a vehicle for examining precedents when one employee engages in the same or similar conduct that has resulted in discipline of other employees.